N.J. Admin. Code § 8:17-10.2

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

Section 8:17-10.2 - Termination

(a) Unless a family appeals a suspension of services pursuant to 8:17-10.1(c), then, pursuant to 8:17-10.1(a)1, a suspension of services will lead to termination of a child's services on the effective date indicated on the suspension and termination notice described at 8:17-10.1(b).

1. A termination of services pursuant to (a) above shall not affect a family's ability to receive those early intervention services that are provided at public expense pursuant to 8:17-9.2(a).

(b) Upon written notice, early intervention services provided to a child or his or her family shall be terminated immediately under the following circumstances:

1. The family fails to satisfy its family cost share obligations, as determined pursuant to 8:17-9.2;

2. The family has acted in such a manner as to physically harm a practitioner or to place a practitioner in imminent danger of being physically harmed;

3. The family has engaged in conduct toward practitioners that is illegal or abusive; or

4. The IFSP team determines that the child is no longer eligible for early intervention services and that termination is warranted.

(c) The Department, after consultation with the family, practitioners, the service coordinator, and other persons with relevant knowledge, shall determine whether termination is warranted pursuant to (b) above.

1. If the Department determines that termination is warranted, the Department shall direct the service coordinator to process the cancellation of authorizations for early intervention services for a child and the child's family by:

i. Directing provider agencies to cease dispatching practitioners to deliver early intervention services to the child and the child's family; and

ii. Transmitting a written notice of termination to the family, with a copy to the Procedural Safeguards Office, indicating the date of termination; the reason(s) for termination; and means by which the family may contest the termination, as described in (d) below.

(d) Families who have been informed of a termination of services may appeal the termination within 21 days of the date of the notice of termination by written request, which must be sent to the Procedural Safeguards Office.

(e) The Procedural Safeguards Office shall review appeals of terminations, make a determination within 30 calendar days of the date of receipt of the appeal, provide a written determination to the family, and provide a copy to all relevant parties.

N.J. Admin. Code § 8:17-10.2