Current through Register Vol. 56, No. 24, December 18, 2024
Section 10:46B-3.1 - Availability of placements(a) Residential placement is a waiver service. In order to receive placement, the individual and/or representative payee is responsible to make application for all benefits, comply with the requirements for all benefits and comply with the requirements of N.J.A.C. 10:46-2.1(g) and (h).(b) Only when the need for placement is indicated in the IHP and when the individual can be reached on the waiting list, in accordance with N.J.A.C. 10:46C, the Division shall plan with the individual, his or her legal guardian and, where appropriate, interested family members, to identify an appropriate, available, out-of-home placement.(c) The availability of placements shall be limited to the Division's funding in a given fiscal year. Prioritization for placement shall be governed by N.J.A.C. 10:46C.(d) All placements shall be in accordance with all applicable Federal and State statutes, regulations and rules, including the State Code of Criminal Justice provision at N.J.S.A. 2C:30-4 which prohibits the disbursement of public money or the incurring of obligations in excess of legislative appropriation and limit of expenditure.(e) In an effort to provide fairly for all individuals served, it is recognized that Division appropriations need to be applied across the State and across the entire fiscal year and that planning and judgment are necessary and appropriate on a case-by-case basis as well to ensure that appropriations are not dissipated in an effort to meet extraordinary needs of one individual to the detriment of the rest of the population who require and could benefit from services needed to be funded from the same finite source.(f) Approval by the Assistant Commissioner shall be required for all admissions to developmental centers, in accordance with the provisions of N.J.A.C. 10:46B-4.2.N.J. Admin. Code § 10:46B-3.1
Amended by 49 N.J.R. 3989(a), effective 12/18/2017