N.J. Admin. Code § 10:48-1.7

Current through Register Vol. 56, No. 8, April 15, 2024

Section 10:48-1.7 - Appeal of offer of placement

(a) Except in emergencies, an appellant may request that the Assistant Commissioner defer the placement of an individual pending resolution of an administrative appeal, as set forth in N.J.A.C. 10:48-2, when the following circumstances apply:

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

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

ii. Has new information that was unknown or available at the time the placement offer was made; or

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

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

N.J. Admin. Code § 10:48-1.7

Amended by 46 N.J.R. 2364(a), effective 12/1/2014