Current through Register Vol. 56, No. 18, September 16, 2024
(a) Under the supervision of the Division of
Family Development, county welfare agencies shall provide services to eligible residents of rooming houses,
boarding houses and residential health care facilities, which shall include, but not be limited to, the
following:
1. Outreach. The county welfare agency shall visit boarding
houses and residential health care facilities at a minimum of two visits per year. Rooming houses shall be
visited at a minimum of once per year. This does not prohibit county welfare agencies from more frequent
visits to these facilities, if they are deemed necessary. These visits shall be for the purpose of:
i. Providing information and referral to residents regarding services they
may need and be eligible for; and
ii. Determining whether
residents are receiving needed services and appropriate levels of care;
2. Investigation of reports. County welfare agencies shall investigate and
evaluate reports of abuse or exploitation. This investigation and evaluation responsibility includes reports
initiated by the county welfare agency, as well as reports received from other sources.
i. The county welfare agency shall, independently or in conjunction with
other agencies:
(1) Evaluate the situation in terms of the allegations
specified in the report and also in terms of other risk of danger to the resident;
(2) Explore alternatives for removing or limiting danger and determine the
necessary steps and services needed to assure the resident's well being; and
(3) Provide needed services or make arrangements for the provision of such
services, as available.
ii. The investigation and
evaluation shall begin within 24 hours of county welfare agency receipt of a report when it is alleged that:
(1) A resident is currently being physically abused;
(2) A resident has been physically injured by abuse and may need medical
treatment; or
(3) A resident is without supervision and may not
be competent to provide for his or her own care.
iii.
For all other reports of abuse or exploitation, the investigation and evaluation shall begin within 72 hours
of county welfare agency receipt.
iv. If there is a question
regarding the severity of a referral situation, an investigation should be conducted within 24
hours;
3. Coordination. The county welfare agency
shall coordinate all services provided to eligible residents with services provided by other State and local
agencies. This coordination includes, but is not limited to, the following activities:
i. The receipt and compilation of reports from other involved agencies
including reports of abuse, exploitation, unsafe conditions, unsanitary conditions and other violations of
P.L. 1979, c. 496 (the Rooming and Boarding House Act of 1979);
ii. Notification and referral of reports to the appropriate agencies (the
Department of Community Affairs, the Department of Health and other Divisions within the Department of Human
Services, etc.) with legal jurisdiction and responsibility for the investigation and follow-up;
iii. The development of a plan for investigation in cooperation with other
agencies as necessary;
iv. Cooperative on-site visits as deemed
appropriate; and
v. Follow-up with agencies when a report has
been referred until the matter has been resolved;
4.
Personal needs allowance (PNA). The PNA is a monthly amount intended to meet the personal expenses of
Supplemental Security Income recipients. The Commissioner of the Department of Human Services has the
responsibility for establishing a monthly personal needs allowance (PNA), which shall be no less than $ 25.00
per month as per P.L. 1979, c. 496. The county welfare agencies shall assist eligible residents in the
receipt or use of their PNA. In situations where the county welfare agency is unable to resolve PNA problems,
possible violation of licensure standards shall be referred to the Department of Health , the Department of
Community Affairs, and/or the Office of the Ombudsman for the Institutional Elderly, as appropriate;
and
5. Additional services. Additional services may include those
services listed in (a)5i, ii or iii below.
i. Services provided by the
county welfare agencies, as available, may include, but are not limited to, the following:
(1) Information and referral;
(2) Adult protective services;
(3) Case management services;
(4) Housing-related services;
(5) Health-related services;
(6) Transportation;
(7) Legal
services;
(8) Recreational services; and/or
(9) Companionship services.
ii. Such services may only be provided with the resident's consent. Where
the resident refuses to accept services and the situation warrants, the county welfare agency may initiate
legal action to obtain legal protection and appropriate services for the resident.
iii. Eligible residents will be referred to State, county and local
agencies and organizations for any services that the county welfare agency cannot provide. The county welfare
agency shall follow up on referrals to determine whether the service(s) are being provided.
(b) The county welfare agencies shall compile all
reports, including those received from other agencies, regarding abuse, exploitation, unsafe conditions,
unsanitary conditions and violations of P.L. 1979, c. 496 (the Rooming and Boarding House Act of 1979). These
reports shall be forwarded to the Central Registry of the Division of Family Development.
(c) The county welfare agencies shall report findings in writing to the
county Prosecutor when a determination is made that a resident may have suffered abuse or exploitation. The
county welfare agencies and the county Prosecutor's Office should establish agreements for instances in which
such findings are reported to the county Prosecutor.
(d) The
county welfare agencies, upon receiving a report that a resident of a rooming house, boarding house or
residential health care facility may be suffering or may have suffered abuse or exploitation, shall promptly
notify the Ombudsman for the Institutionalized Elderly when the report involves an elderly person as defined
in Section 2 of P.L. 1977, c. 239 (52:27G-2) . Similarly, cooperation and coordination provisions
of P.L. 1979, c. 496 (the Rooming and Boarding House Act of 1979) require that the Ombudsman for the
Institutionalized Elderly shall, at a minimum, refer all reports received concerning services and conditions
at rooming houses, boarding houses and residential health care facilities to the Division of Family
Development, through the county welfare agency.
