New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES
Subchapter 12 - LICENSING, SITE REVIEW, AND WAIVERS
Section 10:37A-12.8 - Waiver of standards
Universal Citation: NJ Admin Code 10:37A-12.8
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Requests for waivers of standards contained in this section shall be made to the Department, in writing, at the address identified at 10:37A-12.1(a) , with supporting information justifying the request.
(b) Waivers of specific program rules shall be considered, at the discretion of the Department in consultation with the Assistant Commissioner, or designee, of the Division, provided that one or more of the following conditions have been met:
1.
Where strict enforcement of the rule would result in unreasonable hardship on
the consumer resident;
2. The
waiver addresses a particular need of a consumer resident(s) but does not
adversely affect the health, safety, welfare, or rights of the consumer
resident; or
3. There is a clear
clinical or programmatic justification for such a waiver that will enhance a
PA's effectiveness or efficiency without an adverse effect on any consumer's
health, safety, welfare, or rights; and
4. There is a clearly demonstrated need for
the type of program services to support the continuum of community-based
services.
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