New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 41A - HUMAN RIGHTS COMMITTEES
Subchapter 4 - RESPONSIBILITIES OF THE HRC
Section 10:41A-4.4 - HRC procedures

(a) The chairperson shall determine if the issues addressed in the referrals constitute an actual or potential infringement upon the free exercise of an individual's rights. If the chairperson determines that the referral should not be reviewed by the Committee, he or she shall draft an explanation for the next Committee minutes and shall review it with the full Committee, which shall be the final arbitrator of any concerns regarding the relevancy of referral issues. If the request for HRC review was initiated by the individual or his or her legal guardian, the chairperson shall provide a written explanation why the referral should not be reviewed by the HRC.

(b) The HRC chairperson shall immediately review emergency referrals with the Administrator. Such referrals shall be reviewed expeditiously during emergency meetings of the Committee. Routine referrals will be addressed during the next scheduled Committee meeting. The Administrator or guardians serving individuals may approve necessary emergency treatments. Such issues shall be reviewed by the HRC at a subsequent meeting.

(c) To the extent practicable, an agenda shall be developed based upon referrals received and issues to be discussed and distributed in advance to all HRC members and guests.

(d) The individuals with potential rights restrictions and their guardians shall be invited to attend the meeting.

(e) The individuals listed on the agenda shall have their client records made available for the meeting, if necessary.

(f) Chairpersons of any sub-committees shall present a summary of their agenda items for review.

(g) The HRC members shall carefully review each issue and the data presented to analyze risk, evaluating alternatives and assuring rights are not recommended for restriction due to staff convenience. They shall provide a consensus based upon this discussion. If necessary, the HRC shall include recommendations for further actions to the respective Administrator.

(h) The HRC shall provide, in writing, to the Administrator, a copy of all recommendations within 10 working days of the meeting. The HRC chairperson may provide a verbal recommendation to the Administrator if immediate implementation is deemed necessary.

(i) The Administrator, or designee, will respond in writing to the HRC chairperson, as well as the individual or his or her legal guardian, within 10 working days on routine referrals, or immediately on emergency referrals, regarding the acceptance, qualified acceptance, or non-acceptance of the recommendations. The Administrator shall explain the basis for the HRC review and the rationale for his or her decisions.

(j) The chairperson shall incorporate the Administrator's decisions and comments into the minutes of the meeting, which will be distributed to the Committee members as the first agenda item of each meeting. The Committee shall review the Administrator's responses and implementation plan. The chairperson shall then outline the Administrator's decisions to the person or persons who presented the referral to the HRC.

(k) A copy of the notification of the decision to the individual or his or her legal guardian, as indicated in (i) above, shall be maintained in the client record.

(l) The HRC may request progress reports on the review recommendations through the Administrator.

(m) Where disagreement exists between members, an effort shall be made to reach consensus. Where that is not possible, the HRC may vote on its recommendations and submit the results and positions reflected to the Administrator. The results of the vote shall be indicated in the meeting minutes.