N.J. Admin. Code § 10:45-4.3

Current through Register Vol. 56, No. 17, September 3, 2024

Section 10:45-4.3 - Guardianship services for a child whose parent or guardian is deemed unavailable

(a) Guardianship services initiated on the basis of the procedures set forth in 10:45-2.2(b) may be provided on a temporary basis for a maximum of one year without judicial appointment.

(b) During the course of providing temporary guardianship services, BGS shall render consent in certain critical areas of decision-making only after a review procedure shall have been conducted.

1. Critical areas of decision-making requiring review shall include the following:

i. A transfer, which involves a change of the individual's place of residence;

ii. A medical procedure, which entails major, irrevocable consequences including, but not limited to, amputation of a limb, abortion or removal or transplant of a vital organ; and

iii. A major change in the individual's service plan including, but not limited to, implementation of a behavior support plan involving the use of behavior risk elements as defined in 10:41-4.3.

2. When the need for consent in a critical area of decision-making arises, BGS staff shall renew attempts to locate the child's parent(s), unless the child is orphaned. The extent and timeframe for these efforts shall be proportionate to the emergent nature of the situation, but shall be documented. Within one working day of reaching conclusion that the parent(s) is/are unavailable, the matter shall be referred to the Chief of BGS at which time notice shall be given to the DRNJ.

3. Within one working day of receipt of the referral, the Chief of BGS, or his or her designee shall request a review by an ethics committee recognized by the Assistant Commissioner to complete such reviews.

(c) Recognition of ethics committees. The Assistant Commissioner or his or her designee shall identify standing ethics committees pursuant to 10:48B-3.1 that shall be available for consultation to BGS whenever critical decisions as set forth in (b)1 above need to be made.

(d) The role and function of ethics committees shall be as follows:

1. The ethics committee chairperson shall arrange a case conference as soon as possible, but no later than five working days after receiving the referral from BGS;

2. Participants shall include a representative of DRNJ, a representative of BGS and interested parties, in addition to the ethics committee members;

3. The committee shall consider the critical decision identified and give a recommendation on how to proceed; and

4. The recommendation of the ethics committee shall be forwarded in writing to BGS as soon as possible, but no later than 48 hours.

(e) Once the recommendation of the ethics committee is received, the Chief of the BGS, or his or her designee, shall consider:

1. The recommendation of the ethics committee;

2. The recommendation of the Division of Developmental Disabilities staff; or if a medical issue, the recommendations of the treating physician;

3. The recommendation of the IDT, if available; and

4. Any additional information deemed relevant to the decision.

(f) Upon consideration, and using the best interest standard, the Chief of the BGS, or his or her designee, shall make a decision on behalf of the minor and communicate the decision to interested parties. The Chief of the BGS or his or her designee shall provide written notification of the decision to the DRNJ no later than the next business day.

(g) In a medical emergency, where any delay of decision making on behalf of the child would pose a serious threat to the child's life or health, BGS shall render a decision without a review. The existence of a medical emergency must be certified in writing by a licensed physician. The physician's certification shall be maintained in the child's client record. BGS shall inform the DRNJ of its decision as soon as possible, but no later than the next business day.

N.J. Admin. Code § 10:45-4.3