N.J. Admin. Code § 10:46B-5.1

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

Section 10:46B-5.1 - Placement appeals

(a) Placement decisions may be appealed in accordance with N.J.A.C. 10:48.

(b) Specific offers of placement shall be considered contested cases if appealed.

(c) Recommendations of placement changes where no specific offers of placement have been made shall be considered non-contested.

(d) Except in emergencies, the appellant may request the Assistant Commissioner defer the placement of an individual pending resolution of an administrative appeal when the following circumstances apply:

1. The appeal is received verbally or in writing 10 calendar days before the proposed placement and:

i. The appellant can demonstrate that the placement may place the individual at risk of abuse or neglect;

ii. The appellant has new information that was not known or available at the time the placement offer was made; or

iii. The appellant can demonstrate that the placement shall significantly compromise the appellant's ability to have the Division action reversed or modified through the appeal process.

2. If the Assistant Commissioner agrees to defer the placement, the Division shall not be responsible to maintain the status quo unless the Division was funding the placement prior to the request to defer.

N.J. Admin. Code § 10:46B-5.1

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