N.J. Admin. Code § 10:46B-4.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 10:46B-4.2 - Placements in private institutions

(a) Placements in private institutions shall not be made on a routine basis and shall only be approved by the Assistant Commissioner when the Assistant Commissioner determines that the following criteria have been met:

1. The individual cannot be appropriately cared for in any existing Division placement including a developmental center;

2. The private institution is licensed by the state in which it is located;

3. A contract exists between the private institution and the Division; and

4. Funding is available and authorized by the Assistant Commissioner.

(b) All requests for funding shall be made through the Assistant Director. If the Assistant Director supports the request, he or she shall forward the request to the Assistant Commissioner. If the Assistant Director does not support the request, he or she shall document the reasons for lack of his or her support in the client record. The individual may appeal this decision in accordance with N.J.A.C. 10:46B-5.1.

(c) The Assistant Commissioner shall communicate his or her decision to the Assistant Director in writing.

(d) When the Division assumes responsibility for funding residential services in a private institution, planning for that individual's return from the private institution to a New Jersey community placement shall begin.

(e) A transition IHP shall be developed to assist the person's transfer to a community placement in New Jersey.

(f) When the Division has located a placement in New Jersey other than the private institution, the Division shall offer the placement, in writing, to the individual or legal guardian.

1. The individual and his or her legal guardian shall plan with the Division for the return of the individual to a New Jersey community placement.

2. The New Jersey placement shall be contingent upon a successful overnight visit by the individual to the offered placement, if such a visit is required by N.J.A.C. 10:46B-4.1(i).

3. The individual's legal guardian, if any, shall be invited by the Division to visit the proposed placement.

4. Once a successful overnight visit has occurred, if a visit is required by N.J.A.C. 10:46B-4.1(i), admission to the New Jersey placement may be scheduled by the Division.

5. If the individual or legal guardian does not agree to plan with the Division to return the individual to a community placement in New Jersey, which shall include an overnight visit, the Division shall determine that it cannot implement the IHP. The individual or legal guardian shall be notified in writing that the Division shall cease funding at the private institution within 90 days. At the same time, the Division shall also notify the private institution of the date on which funding will cease. The individual shall remain eligible for other services from the Division.

6. If the individual or legal guardian reconsiders and agrees to cooperate in planning for the return of the individual to New Jersey, the Division shall withdraw its notice to cease funding.

N.J. Admin. Code § 10:46B-4.2

Amended by 49 N.J.R. 3989(a), effective 12/18/2017