New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
Subchapter 1 - GENERAL PROVISIONS
Section 10:44A-1.3 - Definitions
Current through Register Vol. 56, No. 18, September 16, 2024
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Abuse" means wrongfully inflicting, or allowing to be inflicted, physical abuse, sexual abuse, or verbal or psychological abuse or mistreatment by a caregiver on an individual with a developmental disability, as defined at N.J.S.A. 30:6D-74.
"Advanced practice nurse," also known as a nurse practitioner (see N.J.S.A. 45:11-46.c), is as defined at N.J.S.A. 45:11-23 and may, in addition to those tasks lawfully performed by a registered professional nurse, manage specific common deviations from wellness, and stabilized long-term care illnesses by initiating laboratory and other diagnostic tests and prescribing or ordering certain medications, treatments, and devices (see N.J.S.A 45:11-49).
"Advocate" means a public or private officer, agency, or organization designated by State legislation, State plan, or the Governor to represent the interest of persons with developmental disabilities and speak on behalf of such individuals.
"Age appropriateness" means that aspect of normalization that reinforces recognition of an individual as a person of a certain chronological age. This includes, but is not limited to, an individual's dress, behavior, and use of language, choice of leisure and recreation activities, personal possessions and self-perception.
"Application for licensure" means a document supplied by the Division's Provider Enrollment Unit that, when properly completed, begins the licensing process.
"Authorization to operate" means official correspondence issued by the Office of Licensing to permit a licensee to operate beyond the license expiration date, because of a delay in completing a licensing inspection.
"Behavior support plan" means any individualized written planned action or set of actions taken in advance of, or subsequent to, the occurrence of a target behavior, whose purpose is to modify the frequency or intensity of the behavior.
"Capacity" means the maximum number of individuals with developmental disabilities who may reside in the licensed residence.
"Care manager" means the representative of any agency who coordinates the provision of social services and/or habilitation services to individuals with developmental disabilities, and which may be a case manager or support coordinator.
"Central Registry" means the "Central Registry of Offenders Against Individuals with Developmental Disabilities" established pursuant to N.J.S.A. 30:6D-73 et seq., and N.J.A.C 10:44D, which creates a list of caretakers who have committed acts of abuse, neglect, or exploitation and, after being afforded due process rights, have been prohibited from employment working with individuals with developmental disabilities.
"Community agency" means an agency licensed by the Department to provide services to individuals with developmental disabilities.
"Community agency head" means the person responsible for the overall operation of the agency under contract with or licensed by the Department. This may be the licensee, owner, or executive director.
"Community residence for individuals with developmental disabilities" means any community residential facility housing up to 16 individuals with developmental disabilities which provides food, shelter, personal guidance, and/or training and integration with the community. Such residences shall not be considered health care facilities within the meaning of the "Health Care Facilities Planning Act," P.L. 1971, c. 136 (N.J.S.A. 26:2GH-1 et seq.), and shall include, but not be limited to, group homes, halfway houses, supervised apartments, and hostels. Such residences shall not be located on the grounds or immediately adjacent to public institutions serving a similar population. Community care residences are also community residences for individuals with developmental disabilities; however, these owner-occupied living arrangements are governed by N.J.A.C. 10:44B.
"Critical information" means information that must be communicated from shift to shift in order to ensure the health, safety, and welfare of the individuals served, and includes, but is not limited to: unexpected behavioral outbursts, unexpected or unexplained mood swings on the part of individuals, the administration of PRN medication, problems with transportation, unexpected visits to the doctor or hospital, routine visits to the doctor requiring follow up, reportable communicable diseases, and missed medical appointments.
"Deficiency" means that an applicant or licensee has not complied with a rule contained in this chapter.
"Department" means the Department of Human Services.
"Developmental disability" means a severe, chronic disability of a person which:
1. Is attributable to a mental or physical impairment or combination of mental or physical impairments;
2. Is manifest before age 22;
3. Is likely to continue indefinitely;
4. Results in substantial functional limitations in three or more of the following areas of major activity: self-care; receptive and/or expressive language; learning; mobility; self-direction; and capacity for independent living or economic self-sufficiency; and
5. Reflects the need for a combination and sequence of special interdisciplinary or generic care, treatment, or other services which are of life-long or extended duration and are individually planned or coordinated.
"Direct support professional" means any licensee and any full time, part time, temporary employment services, or contract employee at a community residence for persons with developmental disabilities present in the living or program area who works directly with individuals served. This term includes "caregiver" as defined at N.J.A.C. 10:44D-1.2, does not include housekeepers, food service workers, maintenance workers, clerical staff, or volunteers.
"Division" means the Division of Developmental Disabilities.
"Eviction" means an actual expulsion of a tenant out of the premises.
"Executive director" means the person to whom the licensee may delegate administrative authority over the licensee's community based programs regulated by, or under contract with, the Department.
"Exploitation" means the act or process of a caregiver using an individual with a developmental disability or his or her resources for another person's profit or advantage (see N.J.S.A. 30:6D-73 et seq., and N.J.A.C. 10:44D).
"Falsification" means intentionally making a record or a document false, giving a false appearance to a record or a document, tampering with a record or a document.
"Fiduciary capacity" means that the licensee acts with a high degree of good faith when handling money entrusted to the licensee by individuals receiving services.
"Fire official" means a person certified by the Commissioner of the Department of Community Affairs, and appointed or designated to direct the enforcement of the Uniform Fire Safety Code by the appointing authority of a local enforcing agency and also means any certified fire inspector working under the direction of the fire official.
"Full license" means the authorization to operate based upon substantial compliance with this chapter. A full license shall be effective for up to one year.
"Group homes" means living arrangements operated in residences leased or owned by the licensee, which provide the opportunity for individuals with developmental disabilities to live together in a home, sharing in chores and the overall management of the residence. Staff in a group home provide supervision, training, and/or assistance in a variety of forms and intensity as required to assist the individuals as they move toward independence and integration with the community.
"Governing authority" means the organization or person designated to assume the legal responsibility for the management, operation, and fiscal viability of the community agency.
"Guardian" means an individual or agency appointed by a court of competent jurisdiction who is otherwise legally authorized and responsible to act on behalf of a minor or incompetent adult to assure provision for the health, safety, and welfare of the individual and to protect his or her rights.
"Imminent danger" means a situation that could reasonably be expected to cause a serious risk to the health, safety or welfare of an individual.
"Individual" means a person with developmental disabilities residing in a licensed community residence for individuals with developmental disabilities. "Individual with developmental disabilities" will be used in this chapter as necessary to distinguish between such persons and others, such as staff of the agency or staff of the Division of Developmental Disabilities or the Department.
"Interferon Gamma Release Assay" (IGRA) means a blood test to identify or rule out infection with M. tuberculosis. Only FDA-approved IGRAs, such as QuantiFERON-TB Gold or T-Spot.TB, are acceptable.
"Least restriction" means that interventions in the lives of individuals with developmental disabilities are carried out with a minimum of limitation, intrusion, disruption, or departure from commonly accepted patterns of living.
"License" means the authorization issued by the Department of Human Services to operate a community residence providing services to individuals with developmental disabilities.
"Licensee" means the individual, partnership, or corporation responsible for providing services associated with the operation of a community residence(s).
"Negative licensing action" means an action which imposes a restriction on a licensee, including, but not limited to, suspension of admissions, issuance of a provisional license, a reduction in the licensed capacity, a denial of the license, a non-renewal of the license, a suspension of the license, or a revocation of the license.
"Neglect" means any of the following acts by a caregiver on an individual with a developmental disability: willfully failing to provide proper and sufficient food, clothing, maintenance, medical care, or a clean and proper home; or failure to do or permit to be done any act necessary for the well-being of an individual with a developmental disability (see N.J.S.A. 30:6D-73 et seq., and N.J.A.C. 10:44D).
"Normalization" means making commonly accepted patterns and conditions of everyday life available to people with developmental disabilities. Age-appropriateness and least restriction are two key aspects of normalization.
"Office of Investigations" means that component of the Department responsible to investigate serious unusual incidents in community programs licensed, contracted, or regulated by the Department.
"Office of Licensing" means the licensing agency, that component of the Department responsible to inspect and license programs pursuant to this chapter.
"Person-centered planning" means a process of helping individuals, in accordance with their needs and preferences, to achieve a lifestyle that is consistent with the norms and patterns of general society and in ways which incorporate the principles of age appropriateness and least restrictive interventions.
"Personal advocate" means a person selected by an individual with developmental disabilities to provide assistance or act on his/her behalf in non-legal matters.
"Personal funds" means an individual's wages and cash gifts.
"Personal guidance" means the assistance provided to an individual with developmental disabilities in activities of daily living because he or she routinely requires help completing such activities of daily living and/or cannot direct someone to complete such activities when physical disabilities prevent self completion; or there is a documented health or mental health problem requiring supervision of the person for the protection of the individual or others. In the absence of a court determination, the planning team determines the need for personal guidance for each individual.
"Plan of correction" means a written response outlining actions taken or to be taken to address deficiencies cited in a licensing inspection report.
"Planning team" (PT) means an individually constituted group responsible for the development of a single, integrated service plan. The team consists of the individual receiving services, the legal guardian, the parents, or family member (if the adult individual desires that the parent or family member be present), the care manager, 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.
"Private placement" means the status of an individual who does not receive residential services from the Division of Developmental Disabilities at the time of his or her admission to a community residence governed by this chapter.
"Program description" means a document submitted to obtain a license from the Department. A program description includes a description of services provided to individuals and staff coverage that assures supervision to every individual served at the program, in accordance with their service plan, and is reviewed as part of the licensing inspection process. The program description is amended, as necessary.
"Provider managed" means a setting where services and supports are coordinated by a single service provider, the licensee, that manages all aspects of residential services for the individuals residing there.
"Provisional license" is a negative licensing action issued to prompt corrective actions in existing community residences. A provisional license is effective for less than one year.
"Relocate" means providing an individual with accommodations when the individual cannot evacuate a residence within three minutes, which arrangement meets the individual's needs and enables the individual to evacuate the residence within three minutes.
"Respite placement" means a service in which a licensee provides short term supports for an individual with developmental disabilities.
"Roommate" means the person with whom one shares a bedroom.
"Self-advocacy group" means a group of people with developmental disabilities who meet on a regular basis to discuss common goals, issues, needs and wishes. With the assistance of a facilitator, if needed, a self-advocacy group can serve as a united voice for people with disabilities.
"Service plan" (SP) means a written, individualized habilitation plan, consistent with the requirements at N.J.S.A. 30:6D-10 through 12, developed by the PT. 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/or provider responsible for its implementation. The complexity of the service plan will vary according to the individual's interests, preferences, and needs. The service plan format must be approved by the Division.
"Substantial non-compliance" means:
1. The violation by an applicant, licensee or executive director of the laws of the State of New Jersey pertaining to or governing community residences for the developmentally disabled;
2. One or more licensing requirements have been left unmet and the unmet licensing requirements directly endanger the health, safety, or well-being of an individual;
3. The applicant, licensee or executive director refuses to cooperate with Department personnel in gaining admission to a residence or in conducting an investigation or inspection;
4. The applicant, licensee or executive director has failed to adhere to the approved Program description;
5. The applicant, licensee or executive director has falsified any information in order to obtain a license; or
6. The applicant, licensee or executive director has refused to furnish the Department with files, reports, or records as required by N.J.A.C. 10:44A.
"Supervised apartments" means apartments that are occupied by individuals with developmental disabilities and leased or owned by the licensee. Staff provide supervision, guidance, and training, as needed, in activities of daily living as defined by the individual's needs and targeted future goals, in accordance with the requirements of this chapter. Up to four individuals may reside in a single apartment.
"Valuable personal possessions" includes, but is not limited to: mementos, durable medical equipment, adaptive devices, eyeglasses, hearing aids, jewelry, clothing, bank/credit cards, electronic equipment, and accessories and furniture.
"Variance" means written recognition by the Department that the licensee has complied with the intent of a standard in a Department-approved alternative manner, in accordance with N.J.A.C. 10:44A-1.10.
"Waiver" means the temporary suspension of a standard that is granted, in writing, by the Office of Licensing.
"Willful non-compliance" means that action or non-action of an applicant or licensee who has knowledge of the violations of licensing rules and/or terms of the license, has been advised of the consequences of not achieving compliance and has not achieved compliance after being given an adequate opportunity to do so.
