N.J. Admin. Code § 10:44B-2.2

Current through Register Vol. 56, No. 23, December 2, 2024

Section 10:44B-2.2 - Placements and departures

(a) There shall be no more than five persons in the residence requiring care and assistance, including, but not limited to, family members, children (biological, adopted, or foster), individuals, and boarders.

(b) No more than three individuals shall be placed in any one residence.

(c) The licensee shall assure that they do not accept any placement or allow any occupant into the home whose presence may negatively impact the health, safety, welfare, or rights of the individuals receiving services.

(d) For all boarders there shall be a written agreement signed by the assigned administrator of community care residences in the Division and the director of the placing agency serving the boarder, a copy of which shall be maintained at the residence.

(e) The licensee shall accept only individuals for whom he or she can provide adequate care.

1. If an individual's physical, emotional, mental, or spiritual needs cannot be met, he or she shall not be maintained in the residence after consultation between the licensee and the placing agency representative.

2. Individuals requiring nursing care shall not be maintained in the residence unless the following requirements are met:

i. All licensees shall have a valid LPN or RN license; and

ii. All alternates shall have a valid LPN or RN license.

(f) The licensee shall notify the placing agency, in writing, 60 days prior, of any intention to have an individual depart from the residence.

(g) Upon admission, where applicable, a written lease agreement shall be signed by the individual, the guardian, as applicable, and the licensee, 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, or other form of written agreement shall be signed by the consumer, and guardian, as applicable, that shall provide the consumer with 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 all other persons in the State.

N.J. Admin. Code § 10:44B-2.2

Amended by R.1990 d.359, effective 7/16/1990.
See: 22 N.J.R. 756(a), 22 N.J.R. 2164(b).
Added text to (c) regarding bedrooms.
Revised subsection (e), and added (f)2i.-ii.
Added new subsection (h).
Amended by R.2004 d.404, effective 11/1/2004.
See: 36 N.J.R. 2589(a), 36 N.J.R. 4961(a).
In (b), substituted "Department" for "Division of Developmental Disabilities" following "The"; in (c) and (e), substituted "licensing agency" for "Office of Licensing and Inspections" at the end.
Amended by R.2013 d.062, effective 4/15/2013.
See: 44 N.J.R. 2327(a), 45 N.J.R. 896(b).
Rewrote the section.

Amended by 55 N.J.R. 52(b), effective 1/3/2023