N.J. Admin. Code § 3A:40-1.3

Current through Register Vol. 56, No. 23, December 2, 2024
Section 3A:40-1.3 - Definitions

The followin g words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.

"Adult" means a person age 18 years or older.

"Application" means the application form provided by CSOC and any supporting documentation necessary to the making of an informed determination with regard to applicant eligibility, including medical information. Supporting documentation may include, but is not limited to, educational, psychiatric, psychological, vocational, rehabilitation, or social service records.

"Benefits" means all current and future sources of cash and health assistance from Federal, State, or private entities including, but not limited to: Social Security; Supplemental Security Income (SSI); Medicare; Medicaid, including any applicable Medicaid waivers and NJ Family Care; State and Federal funds; and any third-party support pursuant to State rule, order, or by contract.

"Child" means a person under 18 years of age.

"Commissioner" means the Commissioner of the Department of Children and Families.

"CSOC" means the Division of Children's System of Care in the Department of Children and Families.

"Developmental disability" means a severe, chronic disability of an individual, which:

1. Is attributable to a mental or physical impairment or combination of mental or physical impairments;

2. Is manifest before age 22;

3. Is likely to continue indefinitely;

4. Results in substantial functional limitations in three or more of the following areas of major life activity:

i. Self-care;

ii. Receptive and expressive language;

iii. Learning;

iv. Mobility;

v. Self-direction;

vi. Capacity for independent living; or

vii. Economic self-sufficiency; and

5. Reflects the need for a combination and sequence of special interdisciplinary or generic care, treatment, or other services, which are of lifelong or extended duration and are individually planned and coordinated.

Developmental disability includes, but is not limited to, severe disabilities attributable to intellectual disability, autism, cerebral palsy, epilepsy, spina bifida, and other neurological impairments where the above criteria are met.

"Director" means the Director of the Division of Children's System of Care.

"Functional services" means those services and programs in the CSOC available to provide a child with developmental disabilities with education, training, habilitation, rehabilitation, adjustment, treatment, care, or protection. Functional services provided by CSOC do not include educational and related services, including residential services, necessary to provide a free and appropriate education pursuant to N.J.S.A. 18A:1-1 et seq.

"Medical information" means reports that have been provided by licensed practitioners that demonstrate the existence of a developmental disability, as well as the individual's current physical condition and significant medical history.

"Mental illness" means a current substantial disturbance of thought, mood, perception, or orientation that significantly impairs judgment, capacity to control behavior, or capacity to recognize reality, but does not include simple alcohol intoxication, transitory reaction to drug ingestion, organic brain syndrome, or developmental disability.

"Mental impairment" means impairment in cognitive, neurological, sensory, or cerebral functioning resulting from other than mental illness.

"Physical impairment" means an impairment in motor functioning resulting from other than mental illness.

"Primary residence" means a dwelling where a person usually lives and does not include second homes.

"Resident" means a person who is a domiciliary of New Jersey for other than a temporary purpose and who has expressed an intention to have his or her primary residence in the State.

"Residential services" or "residential functional services" means observation, examination, care, training, treatment, habilitation, rehabilitation, and related services, including community care, provided by the CSOC to an eligible individual who has been admitted or transferred to, but not discharged from, any residential functional service for persons with developmental disabilities.

N.J. Admin. Code § 3A:40-1.3

Amended by R.2014 d.026, effective 1/21/2014.
See: 45 N.J.R. 53(a), 46 N.J.R. 222(b).
In definition "Benefits", inserted "and NJ Family Care"; and in definitions "CSOC" and "Director", deleted "the" preceding "Children's".