New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES
Subchapter 1 - GENERAL PROVISIONS
Section 10:44B-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, verbal or psychological abuse, or mistreatment by a caregiver on an individual with a developmental disability.
"Advocate" means a public or private officer, agency, or organization designated by State legislation, the State plan, or the Governor to represent the interests of individuals with developmental disabilities or persons with traumatic brain injuries to speak on behalf of such individuals.
"Age appropriateness" means that aspect of normalization which reinforces recognition of an individual as a person of a certain chronological age.
"Alternate" means a person 18 years of age or older who has been selected and identified by the licensee to the Office of Licensing and the placing agency and has been approved, who accepts the responsibility to provide care and supervision for individuals who require supervision.
"Applicant" means a person age 18 or older who satisfactorily initiates and completes the application process in order to obtain a license to operate a community care residence.
"Authorized family member" means a relative of the individual with a developmental disability authorized by the individual, or guardian, as applicable, to receive information pursuant to P.L. 2012, c. 69.
"Barrier-free design" means any design in the residence necessary to accommodate individuals with physical disabilities which include, but are not limited to: ramps, handrails in bathroom areas, corridors or doorways, or rooms and doorways with space enough to accommodate individuals in wheelchairs.
"Boarder" means any person residing in the home who is not a member of the family, who is not developmentally disabled and who receives room, board and personal guidance.
"Capacity" means the maximum number of individuals, including boarders, who may be accommodated in the home, other than family members, at any time under the terms of the home's license.
"Case manager" means an employee of the Division or of a contracted agency who coordinates the implementation of programs, supports, and/or services to facilitate the achievement of the outcomes, goals, and/or objectives identified in the service plan. A case manager provides assistance to the individual in gaining access to needed State plan services, medical, social, educational, and other services, regardless of the funding source for the services. Activities of the case manager may include assessment, service/support planning, arrangement of services, coordination of service providers, and/or monitoring and overseeing the provision of services.
"Census" means the number of individuals or boarders currently residing in the residence. The census of the home shall count towards the capacity of the home.
"Central Registry" means the Central Registry of Offenders Against Individuals with Developmental Disabilities enacted pursuant to 30:6D-77 and N.J.A.C. 10:44D.
"Chores" means those duties which are normally performed by members of a household as a matter of routine.
"Close" means a final licensing action by the Department in which an applicant or a licensee is prohibited from operating a community care residence for individuals with developmental disabilities or persons with traumatic brain injuries.
"Commissioner" means the Commissioner of the Department of Human Services.
"Community care residence" means a private house or apartment in which a person 18 years or older or family contracts with the Department to provide individuals with developmental disabilities or persons with traumatic brain injury with care and a level of training and supervision that is based upon the documented needs and wishes of the individuals placed in the residence.
"Community residence for individuals with developmental disabilities" means any community residential facility housing up to 16 individuals with developmental disabilities that also provides food, shelter, personal guidance, and/or training. 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. 26:2H-1 et seq.), and shall include, but not be limited to, group homes, halfway houses, supervised apartments, hostels, and community care residences (formerly skill development homes, family care homes, and respite homes). Such residences shall not be located on the grounds or immediately adjacent to public institutions serving a similar population.
"Community Services" means a component of the Division of Developmental Disabilities that provides housing and supportive services, work and training programs to individuals with developmental disabilities and traumatic brain injuries who are residing in the community.
"Confidentiality" means maintaining records of individuals in a secure manner pursuant to State and Federal law so that no unauthorized persons have access to the contents therein.
"Danielle's Law" means 30:6D-5.1 and the rules promulgated thereunder, N.J.A.C. 10:42A, which requires any person working with individuals with developmental disabilities or traumatic brain injury at a community care residence or other facility for persons with developmental disabilities or persons with traumatic brain injuries to call 911 in the event of a life-threatening emergency.
"Day activities" means an organized schedule for an individual or program of education, habilitation, and/or rehabilitation, engaged in by that individual or said individual's employment in the community.
"Department" means the Department of Human Services.
"Development agency" means an agency, under contract with the Department, which recruits, trains, and supports licensees that operate community care residences.
"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 life activity: self-care, receptive and/or expressive language, learning, mobility, self-direction, capacity for independent living, and 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 and coordinated.
"Division" means the Division of Developmental Disabilities, within the Department.
"Domicile" means the permanent, established residence of the applicant or licensee.
"Exploitation" means any willful, unjust, or improper use of an individual or their resources for the benefit, profit, or advantage of another and/or condoning and/or encouraging the exploitation of said individual by another person. Examples of exploitation include, but are not limited to, appropriating, borrowing, or taking without authorization, personal property/funds belonging to the individual or requiring the latter to perform functions or activities that are normally conducted by persons employed by or contracted with the Division or other agencies, or the performance of which are done solely for the convenience of others.
"Falsification" means intentionally making a record or a document false, giving a false appearance to a record or a document, or making a false statement.
"Family" means the licensee's spouse, siblings, parents, stepparents, children, stepchildren, adopted children, grandchildren, great-grandchildren, grandparents, cousins, nephews, nieces, aunts, uncles, civil union partners, and domestic partners.
"Firearm" means any firearm as defined in 13:54-1.2.
"Guardian" means a person or agency appointed by a court of competent jurisdiction to make decisions on behalf of an individual determined by a court to lack decision-making capacity in certain areas, as set forth at N.J.S.A. 3B:12-24.1.
"Habilitation" means services designed to assist individuals with developmental disabilities in acquiring, retaining, and improving the self-help, socialization, and adaptive skills necessary to function successfully in residential-, day-program-, and other-community-based settings. Habilitation services are long-term supports usually provided to individuals with developmental disabilities that are distinguished from rehabilitation services in terms of length of treatment, goals of treatment, and recipient of treatment.
"Individual" means a person with developmental disabilities or a person with traumatic brain injury residing in a licensed community residence and who receives services from the Department. "Individual with developmental disabilities" or "individual with traumatic brain injury" will be used as necessary to distinguish between such persons and others, such as staff of the agency or staff of the Division or the Department.
"Interdisciplinary team" (IDT) means a group that shall minimally consist of the individual receiving services, the plan coordinator, the legal guardian, and/or the Division case manager. IDT members may include the parents or family member at the preference of the individual or guardian. In addition, IDT members may include: advocates and friends, those persons who work most directly with the individual, and professionals and representatives of service areas, who are relevant to the identification of the individual's needs and preferences and the design and evaluation of programs to meet them.
"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.
"License" means the authorization issued by the Department for a period of up to one year to operate a community residence providing services to individuals with developmental disabilities or traumatic brain injuries. A license can be denied, revoked, suspended, or can be placed on provisional status by the Department for violations of minimum standards promulgated herein.
"Licensee" means one or more adults, age 18 or older, otherwise known as providers, responsible for the overall operation of the community care residence and who are named on the license.
"Medication" means all medications, medicated creams, vitamins, treatments, and supplements prescribed by a physician.
"Negative licensing sanction" means an action taken, which imposes a restriction on a licensee and includes, but is not limited to: suspension of admissions into the residence, issuance of a provisional license, reduction in the licensed capacity of the residence, reduction in the licensure term of the residence, non-renewal of the license, suspension of the license, or 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 wellbeing of an individual with a developmental disability.
"Non-compliance" means that an applicant or licensee has not complied with this chapter.
"Office of Auditing" means the unit of the Department of Human Services responsible for performing audits and reporting on findings within generally accepted auditing standards, government auditing standards, or both, and/or Federal and State laws.
"Office of Licensing" or "Office" means the licensing agency, which is that component of the Department of Human Services responsible to inspect and license programs pursuant to this chapter.
"Outcome" means a written statement of attainable, behavioral, or service objectives expected to be achieved partially or completely within the year the service plan is in effect. Outcomes must be related to the personal needs and preferences of the individual.
"Pattern of non-compliance" means a pattern of recurrences of licensing violations over time.
"Person" means a human being, as opposed to a corporation (an "artificial" or "legal" person).
"Personal guidance" means the assistance provided to an individual or boarder in activities of daily living because he or she routinely requires assistance in completing these activities; and/or cannot direct someone to complete such activities when physical handicaps 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 IDT shall determine the need for personal guidance for each individual.
"Physical abuse" means a physical act directed at an individual of a type that may cause, or actually causes, pain, injury, anguish, and/or suffering. Such acts include, but are not limited to: restraining, kicking, pinching, biting, punching, slapping, hitting, pushing, and/or striking with a thrown or held object.
"Placing agency" means the Division, or an agency under contract with the Division, that recruits, trains, and/or supports licensees that operate community care residences and is responsible for the placement of and payment for an individual in a community care residence.
"Plan of correction" (POC) means the written response from the licensee to the Office of Licensing addressing identified non-compliance.
"Plan coordinator" means a person designated to coordinate the development of the individual's service plan.
"Provisional license" means that authorization to operate issued to new homes or used to prompt corrective actions in existing homes. A provisional license shall be for less than 12 months.
"Respite care program" means the provision of room, board, and personal guidance services, on a temporary basis not to exceed 30 days without placing agency approval, in a licensed community care residence.
"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/or agency 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 Division-approved and can include, but shall not be limited to: individual habilitation plan (IHP); essential lifestyle plan (ELP); or individual service plan (ISP).
"Sexual abuse" means any act of a sexual nature, which may include, but is not limited to: acts of lewdness, touching, or contact with private body areas for the purpose of sexual arousal, gratification, sexual molestation, sexual exploitation, or sexual penetration by a person with an individual with a developmental disability, which is non-consensual or for which the developmentally disabled person lacks the capacity to consent, by one or more parties. Any form of sexual contact or activity between a licensee or service provider and an individual with a developmental disability, absent marriage, domestic partnership, or civil union, is sexual abuse, regardless of whether the individual with a developmental disability gives consent or the service provider is on or off duty.
"Skill development program" means care and training conducted in accordance with a service plan and overseen by the case manager, provided in a private home or apartment to developmentally disabled persons by an adult person or family under contract with the Department as a community care residence.
"Substantial non-compliance" means that a licensee's failure to meet licensing requirements directly endangers the health, safety, or welfare of an individual or individuals, when the unmet requirements exist in significant number; when the degree of the condition(s) is severe; when one or more requirements have been left unmet with great frequency; and/or when the terms of the license have been violated.
"Terms of the license" means the capacity of the licensed venue, the named licensee(s), the Vendor Identification Number (VID #), the licensee's address, and the dates during which the license is effective.
"Traumatic brain injury" means an acquired injury to the brain, but does not include brain dysfunction caused by congenital or degenerative disorders, nor birth trauma, but may include brain injuries caused by anoxia due to trauma.
"Uniform Construction Code" refers to the statutory provisions contained in 52:27D-119 et seq. and its regulatory scheme contained in N.J.A.C. 5:23.
"Unusual incident" means an occurrence involving the care, supervision, or actions of an individual that is adverse in nature or has the potential to have an adverse impact on the health, safety, and the welfare of the individual or others. Unusual incidents shall include, but are not limited to: abuse, neglect, assault, contraband, criminal activity, Danielle's Law violations, death, exploitation, injury, medical incidents, unauthorized restraint use, violation of rights, sexual assault or contact, suicide attempt, elopement (criminal or non-criminal status), and operational breakdown.
"Variance" means recognition that the licensee has complied with the intent of a standard in a Department-approved alternative manner, which is requested, in writing, by the licensee and granted, in writing, by the Office of Licensing.
"Verbal abuse, psychological abuse, or mistreatment" means any verbal or non-verbal acts, conditions, or omission of acts or conditions that may have or have had a negative impact on an individual and/or may inflict or have inflicted emotional harm, mental distress, fear, and/or humiliation, intimidation, degradation, or is demeaning to a person with a developmental disability. The latter types of abuse or mistreatment include, but are not limited to: teasing, cursing, yelling, name-calling, bullying, and utterances of racial slurs, threats, intimidating gestures, and verbal assault.
"Waiver" means the temporary suspension of a standard, which is requested, in writing, by the licensee and is granted, in writing, by the Office of Licensing.
"Willful non-compliance" exists when the applicant or licensee has knowledge of conditions that are in violation 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.
