Current through Register Vol. 56, No. 18, September 16, 2024
(a) The licensee
shall have written criteria for admission to a particular program, including
temporary (respite) placements. These criteria shall include, at a minimum:
1. Specific services provided;
2. A non-discrimination statement regarding
admissions, assuring no one will be denied admission on the grounds of race,
sex, color, national origin, religion, age, physical or mental disability,
ancestry, sexual preference or affiliation, AIDS or HIV infection, atypical
cellular hereditary blood traits, or any other legally protected
status;
3. A statement regarding
any limitations an agency may have in providing services to an individual with
a specific developmental disability;
4. A statement affording all individuals
and/or their guardians the opportunity of preplacement visits to the
residence;
5. A statement regarding
any minimum and/or maximum age restrictions; 6. A statement regarding respite
criteria; and
7. A statement
regarding all techniques that may be employed by the licensee to provide
behavior support.
i. The licensee shall
comply with N.J.A.C. 10:42 (Mechanical Restraints and Safeguarding Equipment)
in the use of mechanical restraints and safeguarding equipment; and
8. A statement affording all
individuals the right to have a choice in the selection of their
roommate.
(b) The number
of individuals with developmental disabilities admitted to a residence shall
not exceed the licensed capacity.
(c) Prior to admission, the Division of
Developmental Disabilities shall provide the licensee with information that
complies with N.J.A.C. 10:46 that addresses eligibility for services.
(d) Upon admission, where applicable, a
written lease agreement shall be signed by the individual, the guardian, as
applicable, and the landlord, which shall provide the consumer with all the
rights and responsibilities accorded by New Jersey tenant and landlord law and
shall be comparable to leases for all other persons in the State.
1. In the absence of a formal lease
agreement, a consumer residency agreement shall be signed by the consumer, and
guardian, as applicable, that shall provide the consumer the same protections
against unlawful evictions as would otherwise be provided by a signed lease
agreement. This consumer residency agreement shall provide protections
addressing eviction processes and appeals comparable to existing New Jersey
landlord and tenant law and shall afford the same rights to appeal an eviction
as for all other persons in the State.
(e) Upon admission to the program and upon
subsequent request, the licensee shall, without cost to the individual, provide
the individual receiving services and his or her guardian, where applicable,
with the following:
1. A copy of the written
procedures for safekeeping of valuable personal possessions, as required at
N.J.A.C.
10:44A-2.2(b)11;
2. A copy of the Division's rights
document;
3. The names, addresses,
and telephone numbers of advocates available to assist the individual in
understanding and enforcing these rights, to include, at a minimum:
i. Disability Rights New Jersey;
ii. Office of Licensing;
iii. Bureau of Guardianship, if
applicable;
iv. His or her case
manager/support coordinator;
v.
Division of Developmental Disabilities' abuse hotline (800-832-9173);
vi. Department of Children and Families'
Child Abuse Control number (1-800-792- 8610), if applicable; and
vii. Office of the Ombudsman
(1-877-582-6995), if applicable.
4. A copy of the licensee's rules and any
house rules that apply to the individual's residence;
5. A copy of the grievance procedure for
appealing licensee decisions, as required at
N.J.A.C.
10:44A-2.2(b)13;
6. A copy of the fee schedule, as required at
N.J.A.C.
10:44A-2.2(b)12;
and
7. A written statement listing
the services regarding the safekeeping and management of entrusted
funds.
(f) The licensee
shall make provisions to explain portions that are not understood and answer
any questions the individual may have regarding (e)1 through 7 above.
1. If an individual is unable to read (e)1
through 7 above, the text shall be read to the individual in a language or
manner the individual understands.
(g) A copy of a written acknowledgment that
(e)1 through 7 above has been explained and understood shall be immediately
signed and dated by the individual, the licensee's representative(s), and the
individual's guardian, if present.
1. If the
guardian is not present, the signed acknowledgment shall be sent to the
guardian within five days, and documentation shall be maintained in the
individual's record.
2. The
acknowledgment may also be witnessed by a personal advocate, if
present.
3. The acknowledgment
shall be placed in the individual's record.
(h) At the time of admission, the licensee
shall obtain written authorization for any of the individual's funds to be
entrusted.
1. The authorization shall specify
which funds are to be entrusted to the licensee, including, but not limited to,
paychecks, Patient Trust Fund, monetary gifts, payment from family members,
transportation reimbursements, public assistance, income tax rebates, and
insurance claims, and shall state that the licensee is acting in a fiduciary
capacity regarding the funds.
2.
The individual and his or her guardian, where applicable, shall sign the
authorization.
3. A copy of the
signed entrustment authorization shall be maintained in the individual's
record.
