N.J. Admin. Code § 10:44D-2.1

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

Section 10:44D-2.1 - Allegations of abuse, neglect, or exploitation

(a) A case manager or case manager's supervisor in the Department, a person employed or volunteering in a program, facility, community care residence, or living arrangement licensed or funded by the Department, or a person providing community-based services with indirect State funding to a person with a developmental disability, as applicable, having reasonable cause to believe that an individual with a developmental disability has been subjected to abuse, neglect, or exploitation by a caregiver shall report the same immediately to the Department by telephone or otherwise. Such report, where possible, shall contain the name and address of the individual with a developmental disability and the caregiver responsible for the care, custody, or control of the individual with a developmental disability, and the guardian, or other person having custody and control of the individual, and, if known, the condition of the individual with a developmental disability, the nature and possible extent of the individual's injuries, maltreatment, abuse, neglect, or exploitation, including any evidence of previous injuries, maltreatment, abuse, neglect, or exploitation, and any other information that the person believes may be helpful with respect to the injuries, maltreatment, abuse, neglect, or exploitation of the individual with a developmental disability, and the identity of the alleged offender.

(b) The Division of Developmental Disabilities shall promote the awareness of, and maintain a reporting system available 24 hours a day to receive allegations of abuse, neglect and exploitation of individuals with developmental disabilities. The procedures for reporting shall be posted in all licensed or State-funded facilities or programs.

(c) The allegations of the types of injuries or risk or harm to a service recipient that may constitute abuse, neglect or exploitation and that shall be reported include, but are not limited to:

1. Death;

2. Head injuries;

3. Internal injuries;

4. Burns;

5. Exposure to or ingestion of poison or noxious substances;

6. Bodily wounds;

7. Bone fractures;

8. Injuries resulting in unexpected hospitalizations or trips to the emergency room;

9. Human bites;

10. Sprains or dislocations;

11. Mental or emotional impairment not related to the underlying physical and/or emotional disabilities of the service recipient;

12. Risk of harm due to substance abuse by the caregiver or the service recipient; and

13. Physical acts of aggression including, but not limited to, kicking, punching, slapping, hair pulling or hitting.

(d) The allegations of the types of injuries or risk or harm that may constitute abuse and that shall be reported include, but are not limited to:

1. Acts that demean, intimidate or humiliate;

2. Use of unapproved restraints;

3. Contraction of sexually transmitted diseases;

4. Sexual penetration;

5. Sexual exploitation;

6. Sexual molestation; and

7. Substantial risk of sexual injury.

(e) The allegations of the types of injuries, risks or harm that may constitute neglect of a service recipient and that shall be reported include, but are not limited to:

1. Inadequate supervision;

2. Abandonment or desertion;

3. Inadequate food;

4. Malnutrition;

5. Inadequate clothing;

6. Inadequate shelter; and

7. Medical neglect.

(f) The allegations of the types of conduct that may constitute acts of exploitation of a service recipient and that shall be reported include, but are not limited to:

1. Theft or use of a service recipient's property or private funds;

2. Misappropriation of a service recipient's identity;

3. Having a service recipient perform labor for which a service recipient is not compensated.

(g) A person employed, contracted or volunteering in a program, facility, community care residence or living arrangement licensed or funded by the Department, or a person providing community-based services with indirect State funding to a person with a developmental disability, as applicable, who fails to report an act of abuse, neglect or exploitation against an individual with a developmental disability while having reasonable cause to believe that such an act has been committed, will be deemed to have committed a disorderly person's offense and will be subject to legal penalties appropriate thereto, pursuant to 30:6D-75.

(h) If, after an investigation by the Office of Investigations or the Division of Developmental Disabilities, there are concerns that a case manager, a case manager's supervisor, or a caregiver failed to report an incident of abuse, neglect, or exploitation, the Department will determine if such a failure has occurred. Following a determination by the preponderance of evidence that a failure to report has occurred, the Department shall refer the matter to law enforcement officials, who shall evaluate for applicability, the following statutory penalties, as set forth in P.L. 2012, c. 69 (designated as Tara's Law):

1. A case manager or case manager's supervisor in the Department, who fails to report an act of abuse, neglect, or exploitation of an individual with a developmental disability while having reasonable cause to believe that such an act has been committed, shall be guilty of a crime of the fourth degree, unless the abuse, neglect, or exploitation results in the death of an individual with a developmental disability, in which case the case manager or case manager's supervisor shall be guilty of a crime of the third degree.

2. A person employed or volunteering in a program, facility, community care residence, or living arrangement licensed or funded by the Department, or a person providing community-based services with indirect State funding to a person with a developmental disability, as applicable, who fails to report an act of abuse, neglect, or exploitation against an individual with a developmental disability while having reasonable cause to believe that such an act has been committed, is a disorderly person.

3. In addition to any penalty imposed pursuant to this section, a person convicted under this section shall be subject to a penalty in the amount of $ 350.00 for each day that the abuse, neglect, or exploitation was not reported, payable to the Treasurer, State of New Jersey, which shall be used by the Department to fund the provision of food and care to individuals with developmental disabilities residing in community care residences.

(i) A case manager or case manager's supervisor, who is charged with failure to report an act of abuse, neglect, or exploitation of an individual with a developmental disability while having reasonable cause to believe that such an act has been committed, shall be temporarily reassigned to duties that do not involve contact with individuals with developmental disabilities or other vulnerable populations and shall be terminated from employment if convicted. The Department's actions in the determination of whether or not a failure to report occurred shall afford the case manager or supervisor any available right of review by the Civil Service Commission.

(j) A physician examining or treating an individual with a developmental disability residing in a community care residence or the chief executive officer, or designee, of a hospital or similar institution to which the individual has been brought for care or treatment, or both, is empowered to take the individual into protective custody when the individual has suffered serious physical injury or injuries, or the individual's condition constitutes a life-threatening emergency, as defined in section 2 of P.L. 2003, c. 191 (N.J.S.A. 30:6D-5.2), and the most probable inference from the medical and factual information supplied is that the injury or condition was inflicted upon the individual by another person by other than accidental means, and the person suspected of inflicting, or permitting to be inflicted, the injury upon the individual is a licensee or alternate of a community care residence where the individual resides and to whom the individual would normally be returned.

(k) The physician or the chief executive officer, or designee, of a hospital or similar institution taking an individual with a disability into protective custody shall immediately report the action and the condition of the individual with a developmental disability to the Department by calling its emergency telephone service (1-800-832-9173).

(l) A physician or chief executive officer, or his or her designee, who fails to comply with the provisions of this section, shall be subject to a penalty of $ 500.00. The penalty shall be sued for and collected in a summary proceeding by the Commissioner pursuant to the Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A. 2A:58-10et seq.).

N.J. Admin. Code § 10:44D-2.1

Amended by 51 N.J.R. 85(a), effective 1/7/2019