New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 43 - GUARDIANSHIP: NEED, APPOINTMENT, CONTINUITY
Subchapter 1 - GENERAL PROVISIONS
Section 10:43-1.3 - Definitions
The following words and terms shall, for the purposes of this chapter, have the meanings contained in this section unless the text clearly indicates otherwise:
"Adaptive functioning" means the effectiveness or degree with which the individual meets the standards of personal independence and social responsibility expected of his or her age and cultural group measured by a standardized assessment.
"Bureau of Guardianship Services" or "BGS" means the unit within the Department of Human Services that the Commissioner has designated to exercise the Commissioner's responsibility and authority to provide guardian of the person services to individuals in need of such services.
"Capacity" means the ability to employ the appropriate reasoning relative to the demands of the decisions to be made. An individual may have capacity for decision-making in some areas of life, but not for others, or for some decisions within an area of life, but not all.
"Caregiver" includes, but is not limited to, direct support professional, direct care staff and home health aides.
"Choice" means reasoning ability in which a selection of alternatives (either/or) is made, based upon a subjective feeling, relating to an immediate need. Others may define the alternatives.
"Clear and convincing evidence" is a legal standard that means evidence that is so clear, direct, weighty and convincing as to establish, without hesitancy, the precise facts in issue.
"Clinical assessment" means a comprehensive evaluation of a person's decision-making abilities and need for guardianship that meets the standards in 10:43-3.3.
"Clinical interview" means an interview, conducted by a clinician, with the alleged incapacitated person that focuses on the person's rights, needs, strengths, abilities and history of opportunities for decision-making and problem-solving.
"Clinician" means a physician licensed to practice pursuant to 45:9-1 et seq., a psychologist licensed to practice pursuant to 45:14B-2 et seq. or a person employed by the Division of Developmental Disabilities pursuant to 45:14B-2 et seq.
"Closely related person" means such individuals with or without legal or genetic relationship, shared household or familial affiliation known to the Division as being involved and interested in the welfare and best interests of the individual receiving services.
"Cognitive functioning" describes a person's general mental abilities to acquire knowledge as defined by individually administered standardized intelligence tests (IQ or IQ equivalent).
"Collateral interview" means any interview with family, supportive personnel, caregivers and friends that focuses on the alleged incapacitated person's experiences and opportunities for decision-making. The data provides comparison on skills performed in different environments and varying perspectives of the interviewees.
"Commissioner" means the Commissioner of the Department of Human Services.
"Decision" means the act of reaching a conclusion or making-up one's mind through a process of selecting among options.
"Developmental disability" means a severe, chronic disability as defined in 10:46-1.3.
"Division" means the Division of Developmental Disabilities.
"Division services" means those services and programs in the Division that are available to provide persons with developmental disabilities with education, training, rehabilitation, adjustment, treatment, care and protection. Services include, but are not limited to, residential care, case management, social supervision, and day programming.
"Education" means all activities and programs conducted for the purpose of acquiring knowledge or a skill, such as through a school or an adult class.
"Family" means spouse, domestic partner as defined in P.L. 2003, c. 246 (26:8A-3) , children, parents and siblings of the individual alleged to be in need of a guardian.
"General guardian" means an individual or agency appointed by a court of competent jurisdiction to make all decisions in a person's life pursuant to 3B:12-12(a).
"Guardian" means an individual or agency appointed by a court of competent jurisdiction or who is otherwise legally authorized and responsible to act on behalf of a minor or incapacitated adult to assure provision for the health, safety, and welfare of the individual and to protect his or her rights consistent with 3B:12-57, 30:4-165.1 et seq., and the judgment of guardianship.
"Guardianship assessment report" means a comprehensive report that includes clinical data and an integration of findings and provides clear and convincing evidence by example to support the conclusion as to the need for guardianship that meets the requirements of 10:43-3.4.
"Guardianship services" means those services and programs provided by the Department of Human Services for the purpose of implementing its responsibility toward the individual with developmental disabilities for whom it is performing the services of guardian of the person.
"Heirs" means those persons, including, but not limited to, the surviving spouse, the domestic partner and the descendants of the decedent, who are entitled, under the statutes of intestate succession, to the property of a decedent.
"Incapacitated individual" has the same meaning as set forth in 3B:1-2.
"Initial screening" means a review by the Intake Team or the Interdisciplinary Team to ascertain whether or not it appears that a guardian may be needed. The screening is cursory and does not include a Clinical Assessment.
"Intake Team" means at least two staff, one of whom is the intake worker and one who is a psychologist, who are responsible for determining that the eligibility criteria contained in N.J.A.C. 10:46 have been met.
"Integration of findings" means a compilation of data gathered from clinical interviews, collateral interviews and standardized tests that is interpreted by the clinician and states a conclusion.
"Interdisciplinary Team" or "IDT" means a group that consists of the individual receiving services, the plan coordinator, the legal guardian, the Division case manager, the parents or family member(s) (if the adult who has not been adjudicated incapacitated desires that the parent or family member be present), advocates and friends, those persons who work most directly with the individual served, and professionals and representatives of service areas who are relevant to the identification of the individual's needs and the design and evaluation of programs to meet them. The individual may identify those additional persons he or she wishes to be present.
"Legal matters" means issues affecting an individual's legal rights, including, but not limited to, simple basic contracts, power of attorney, medical power of attorney, last will and testament and participation in a lawyer-client relationship.
"Limited guardian" means an individual or agency who is appointed by a court of competent jurisdiction pursuant to 3B:12-12(b), to make only those decisions for which an incapacitated person has been adjudicated to lack capacity.
"Preference" means reasoning ability that is based solely upon a basic like or dislike, or a subjective feeling.
"Service component" means any developmental center, regional office of community services of the Division or a purchase of care facility.
"Service Plan" means a written, individualized habilitation plan, consistent with the requirements of 30:6D-10 through 12, developed with the individual, and/or his or her legal guardian, and the IDT. It is an outcome-based planning tool that, at a minimum, identifies each individualized program, support and/or service requested by and provided to the individual, for which the individual demonstrates a need. It identifies the person and private agency responsible for its implementation. The complexity of the Service Plan will vary according to the individual's interests, preferences, and needs. The format of the Service Plan may vary in accordance with the requirements of the specific program, service or support received by the individual.
"Significant chronic functional impairment" means that an individual lacks cognitive and/or adaptive capacities such that his or her ability to make decisions or to communicate, in any way, decisions to others is substantially limited.
"Supportive personnel" includes, but is not limited to, case managers, group home managers, sponsors, program staff, employees, teachers, counselors and/or therapists.
"Temporary guardian" means an individual or agency appointed by a court of competent jurisdiction pursuant to 3B:12-24.1(c) to make decisions only for those services determined by the court to be necessary to deal with critical needs or risk of substantial harm to the alleged incapacitated person pending completion of a capacity hearing.
