N.J. Admin. Code § 10:7-3.1

Current through Register Vol. 56, No. 11, June 3, 2024

Section 10:7-3.1 - DMHAS services

(a) The county adjuster shall be responsible for commitment, admission, review, and discharge of persons receiving DMHAS services, including those receiving services from county psychiatric facilities.

(b) In regard to voluntary admissions, the county adjuster shall:

1. Arrange for a hearing at short-term care facilities, psychiatric facilities, or special psychiatric hospitals for all involuntary clients converting to voluntary status within 20 days of conversion;

2. Arrange for hearings within 20 days of admission to short-term care facilities and psychiatric facilities for all clients admitted voluntarily from mental health screening centers;

3. Make certain that the client is represented by counsel at the hearing;

4. Review the notification of voluntary admission documentation for sufficiency and completeness; and

5. Conduct an investigation to determine the client's and LRR's ability to pay for the cost of care and maintenance, in accordance with N.J.A.C. 10:7-4.

(c) In regard to involuntary commitments, including NGRI and IST, the county adjuster shall:

1. Receive commitment papers for clients committed to Federal facilities, short-term care facilities, psychiatric facilities or special psychiatric hospitals;

2. Review the involuntary admission documents for sufficiency and completeness, and forward such documents to the court for its consideration and possible issuance of a temporary commitment, except:

i. When the hospital or facility seeks a temporary commitment order on an emergent basis during non-business hours;

3. Arrange for a commitment hearing to be held in accordance with Civil Practice Rules 4:74-7 and 4:74-7A, Civil Commitment, or as otherwise directed by the Administrative Office of the Courts;

4. Include in the form of the notice of commitment hearing served upon the client and his or her counsel or guardian ad litem the following:

i. A copy of the temporary court order;

ii. A statement of the client's rights at the hearing;

iii. A copy of the screening or clinical certificates; and

iv. Any supporting documents.

5. Make certain, as directed by the court, that the client is represented by counsel at the hearing; and

6. If licensed to practice law in the State of New Jersey, present the case for the client's involuntary commitment to the court.

(d) In regard to review hearings, the county adjuster shall:

1. Arrange for the conduct of review hearings, as directed by the court;

2. Make certain that the client is represented by counsel at the review hearings; and

3. Prepare, and submit for the court's action, the appropriate order.

(e) As directed by the Administrative Office of the Courts, the county adjuster shall process and maintain paperwork for NGRI/Krol and IST clients.

(f) The county adjuster shall complete and forward reports to the Administrative Office of the Courts, as directed by the AOC, including information to track all involuntary and voluntary psychiatric commitments/admissions throughout the court system.

(g) The county adjuster shall be available to advise the court of the appropriate State and Federal laws, rules, and regulations pertaining to commitment reviews and hearings.

(h) The county adjuster shall, in counties with Medicaid-certified county psychiatric facilities, make certain that a Medicaid application has been processed for each potentially eligible client.

(i) The county adjuster shall process the necessary documentation for the payment of legal representation and interpreters utilized by clients at their hearings where necessary.

(j) The county of admission/commitment issues the original and all amended support orders, unless venue/jurisdiction has been transferred to the county of settlement.

(k) The county of admission/commitment need not be the county of settlement.

N.J. Admin. Code § 10:7-3.1

Amended by 54 N.J.R. 1817(b), effective 9/19/2022