N.J. Admin. Code § 10:43-8.2

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

Section 10:43-8.2 - Individual receiving guardianship services without court appointment; staff review of guardianship

(a) If it is determined by the IDT that the individual continues to require guardianship, the finding shall be noted in the individual's record.

(b) If a determination is reached by the IDT that the individual appears to be no longer in need of guardianship, a referral shall be made to the clinician for an assessment as set forth at N.J.A.C. 10:43-2.1(b)2.

(c) If there is disagreement on the issue by the IDT, the matter shall be referred to the head of the service component or the Chief of BGS, as appropriate.

(d) If BGS is the guardian of an individual, a family member is identified and has interest in being named guardian, BGS will review if that family member is appropriate pursuant to N.J.S.A. 30:4-165.13.

(e) If the individual expresses his or her disagreement with having a guardian, the Division will make a referral to a clinician for a guardianship assessment. If the assessment concludes that the individual does not need a guardian, the administrative head of the service component shall sign a statement to that effect, which will be filed in the individual's client record. The service component shall send a copy of the statement to the assigned regional office of BGS. BGS shall terminate guardianship services and notify the individual and the providers of service that the individual is no longer receiving guardianship services.

N.J. Admin. Code § 10:43-8.2