New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES
Subchapter 11 - EXCLUSION AND DISCHARGE FROM SUPERVISED RESIDENCES
Section 10:37A-11.4 - Miscellaneous provisions regarding the exclusion and discharge of consumers from supervised residences
Current through Register Vol. 56, No. 18, September 16, 2024
(a) A PA shall not discharge or exclude a consumer from a supervised residence as a retaliation or reprisal for such consumer's attempt to assert his or her rights, desires, or needs.
(b) Exclusion. Whenever a consumer's behavior presents a substantial, immediate threat to the physical safety of others, or to the emotional or psychological health of other consumers, the PA may remove the consumer immediately and temporarily, if necessary, and may prevent the consumer from returning until the immediate threat has been obviated. The PA may not discharge such consumer, however, unless a condition for discharge listed at 10:37A-11.2 exists, and unless the PA follows all procedures for discharge set forth in this chapter. If the PA prevents the consumer's return for more than 24 hours, it must comply with the following procedures:
(c) The PA shall maintain the consumer's residential placement during brief hospitalizations and temporary absences for at least 30 days from the date of such consumer's admission to a hospital, or from the date of such consumer's leaving the residence.
(d) The PA must exercise reasonable care to safeguard the consumer's property for a reasonable period of time after the consumer is discharged, and in any event for at least 30 days.
(e) A shelter for the homeless shall not be considered an appropriate alternative residence as required pursuant to this subchapter.
