N.J. Admin. Code § 10:44A-4.1

Current through Register Vol. 56, No. 12, June 17, 2024

Section 10:44A-4.1 - Pre-admission and admission

(a) The licensee shall have written criteria for admission to a particular program, including temporary (respite) placements. These criteria shall include, at a minimum:

1. Specific services provided;

2. A non-discrimination statement regarding admissions, assuring no one will be denied admission on the grounds of race, sex, color, national origin, religion, age, physical or mental disability, ancestry, sexual preference or affiliation, AIDS or HIV infection, atypical cellular hereditary blood traits, or any other legally protected status;

3. A statement regarding any limitations an agency may have in providing services to an individual with a specific developmental disability;

4. A statement affording all individuals and/or their guardians the opportunity of preplacement visits to the residence;

5. A statement regarding any minimum and/or maximum age restrictions; 6. A statement regarding respite criteria; and

7. A statement regarding all techniques that may be employed by the licensee to provide behavior support.

i. The licensee shall comply with N.J.A.C. 10:42 (Mechanical Restraints and Safeguarding Equipment) in the use of mechanical restraints and safeguarding equipment; and

8. A statement affording all individuals the right to have a choice in the selection of their roommate.

(b) The number of individuals with developmental disabilities admitted to a residence shall not exceed the licensed capacity.

(c) Prior to admission, the Division of Developmental Disabilities shall provide the licensee with information that complies with N.J.A.C. 10:46 that addresses eligibility for services.

(d) Upon admission, where applicable, a written lease agreement shall be signed by the individual, the guardian, as applicable, and the landlord, which shall provide the consumer with all the rights and responsibilities accorded by New Jersey tenant and landlord law and shall be comparable to leases for all other persons in the State.

1. In the absence of a formal lease agreement, a consumer residency agreement shall be signed by the consumer, and guardian, as applicable, that shall provide the consumer the same protections against unlawful evictions as would otherwise be provided by a signed lease agreement. This consumer residency agreement shall provide protections addressing eviction processes and appeals comparable to existing New Jersey landlord and tenant law and shall afford the same rights to appeal an eviction as for all other persons in the State.

(e) Upon admission to the program and upon subsequent request, the licensee shall, without cost to the individual, provide the individual receiving services and his or her guardian, where applicable, with the following:

1. A copy of the written procedures for safekeeping of valuable personal possessions, as required at N.J.A.C. 10:44A-2.2(b)11;

2. A copy of the Division's rights document;

3. The names, addresses, and telephone numbers of advocates available to assist the individual in understanding and enforcing these rights, to include, at a minimum:

i. Disability Rights New Jersey;

ii. Office of Licensing;

iii. Bureau of Guardianship, if applicable;

iv. His or her case manager/support coordinator;

v. Division of Developmental Disabilities' abuse hotline (800-832-9173);

vi. Department of Children and Families' Child Abuse Control number (1-800-792- 8610), if applicable; and

vii. Office of the Ombudsman (1-877-582-6995), if applicable.

4. A copy of the licensee's rules and any house rules that apply to the individual's residence;

5. A copy of the grievance procedure for appealing licensee decisions, as required at N.J.A.C. 10:44A-2.2(b)13;

6. A copy of the fee schedule, as required at N.J.A.C. 10:44A-2.2(b)12; and

7. A written statement listing the services regarding the safekeeping and management of entrusted funds.

(f) The licensee shall make provisions to explain portions that are not understood and answer any questions the individual may have regarding (e)1 through 7 above.

1. If an individual is unable to read (e)1 through 7 above, the text shall be read to the individual in a language or manner the individual understands.

(g) A copy of a written acknowledgment that (e)1 through 7 above has been explained and understood shall be immediately signed and dated by the individual, the licensee's representative(s), and the individual's guardian, if present.

1. If the guardian is not present, the signed acknowledgment shall be sent to the guardian within five days, and documentation shall be maintained in the individual's record.

2. The acknowledgment may also be witnessed by a personal advocate, if present.

3. The acknowledgment shall be placed in the individual's record.

(h) At the time of admission, the licensee shall obtain written authorization for any of the individual's funds to be entrusted.

1. The authorization shall specify which funds are to be entrusted to the licensee, including, but not limited to, paychecks, Patient Trust Fund, monetary gifts, payment from family members, transportation reimbursements, public assistance, income tax rebates, and insurance claims, and shall state that the licensee is acting in a fiduciary capacity regarding the funds.

2. The individual and his or her guardian, where applicable, shall sign the authorization.

3. A copy of the signed entrustment authorization shall be maintained in the individual's record.

N.J. Admin. Code § 10:44A-4.1

Amended by 55 N.J.R. 171(a), effective 2/6/2023