N.J. Admin. Code § 10:43-1.2

Current through Register Vol. 57, No. 1, January 6, 2025

Section 10:43-1.2 - Authority

(a) Pursuant to N.J.S.A. 30:4-165.1, the Commissioner of the Department of Human Services shall provide comprehensive services, in order that eligible persons with developmental disabilities may be provided with adequate training, care and protection.

(b) Pursuant to N.J.S.A. 30:4-165.5, the Commissioner of the Department of Human Services shall evaluate each minor admitted to Division services provided by the Division of Developmental Disabilities as he or she approaches adulthood to assess the potential need for a guardian on attainment of his or her age of majority.

(c) The Commissioner is also required pursuant to N.J.S.A. 30:4-165.5, to ascertain whether individuals, who are already 18 years old at the time of their admission into services, are in need of a guardian.

(d) Pursuant to N.J.S.A. 30:4-165.7, the Commissioner or any parent, spouse, relative, or interested party, on behalf of a person assessed to be in need of a guardian who is receiving Division services and is over 18 years of age, may file a complaint with the Superior Court for a judgment appointing a guardian.

(e) Pursuant to N.J.S.A. 30:4-165.12, the Commissioner can only serve as guardian of the person. The Commissioner shall file a complaint for guardianship of the person only and not for guardianship of property on behalf of an individual receiving Division services.

N.J. Admin. Code § 10:43-1.2