N.J. Admin. Code § 5A:8-4.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5A:8-4.2 - Appeal process for an involuntary discharge

(a) A resident who receives notification of being involuntarily discharged may appeal the discharge to the Residents' Liaison by submitting a written statement of the reasons against the discharge.

(b) The Residents' Liaison shall notify the Superintendent of the written appeal.

(c) The Treatment Team, in the event of an involuntary discharge based upon 5A:8-4.1(b), is authorized to recommend to the Superintendent that a resident be placed on probation for a period not to exceed 30 days.

(d) The Treatment Team shall hear the resident's appeal against discharge and shall make recommendations to the Superintendent within two business days.

(e) Upon the request of the resident, the Treatment Team shall disclose information relevant to the resident's appeal.

(f) The Superintendent shall affirm the discharge, reverse the discharge or conditionally reverse the discharge and shall report his or her decision to the Director of Veterans' Services.

(g) The Superintendent shall inform the resident and the Director of Veterans' Services within 24 hours of his or her decision.

(h) If the Superintendent affirms the discharge, the appeal will be forwarded to the Director of Veterans' Services within three business days.

(i) The Director of Veterans' Services shall respond to the resident within seven business days of receipt of appeal.

(j) The decision of the Director of Veterans' Services shall be final.

N.J. Admin. Code § 5A:8-4.2