Current through Register Vol. 56, No. 18, September 16, 2024
(a) The provision
of services and support shall demonstrate recognition that persons with head
injuries have the same rights as all other citizens.
1. A person's exercise of his or her rights
shall not be prohibited or be used as a cause for retribution against him or
her.
(b) Upon admission
to the program and upon subsequent request, the licensee shall provide the
person served and his or her guardian, where applicable, with the following:
1. A copy of the list of rights of persons
served, as specified at
10:44C-3.4(b);
2. The names, addresses, and telephone
numbers of advocates available to assist the person served in understanding and
enforcing these rights, to include, at a minimum:
i. Disability Rights New Jersey;
ii. Community Health Law Project;
iii. Brain Injury Alliance of New Jersey
(1-800-669-4323);
iv. Office of
Licensing;
v. Office of
Investigations;
vi. Bureau of
Guardianship, if applicable;
vii.
Office of the Public Guardian;
viii. His or her case manager;
ix. Department of Children and Families'
Child Abuse Control Number (1-800-792-8610) and State Central Registry at
1-877-NJ-ABUSE (1-877-652-2873), if applicable; and
x. Office of the Ombudsman (1-877-582-6995),
if applicable;
3. A copy
of the licensee's rules and any house rules that apply to the residence of the
person served;
4. A copy of the
licensee's grievance procedure for appealing agency decisions, or decisions of
the TDT, as required at
N.J.A.C.
10:44C-2.2(b)13;
5. A copy of the written procedures for
safekeeping of valuable personal possessions;
6. A copy of the procedure regarding toll
calls/charges; and
7. A copy of the
financial rights and services procedures.
(c) If a person served is unable to read (b)1
through 7 above, the text shall be read to the person served in a language or
manner the person understands.
1. The licensee
shall make provisions to explain portions that are not understood and answer
any questions the person served may have regarding (b)1 through 7
above.
(d) A copy of a
written acknowledgment that (b)1 through 7 above has been explained and
understood shall be immediately signed and dated by the person served, the
licensee's representative(s) and the person's guardian, if present.
1. If the guardian is not present, the signed
acknowledgment shall be sent to the guardian within five days.
i. Documentation shall be maintained in the
person's record.
2. The
acknowledgment may also be witnessed by a personal advocate, if
present.
3. The acknowledgment
shall be placed in the record of the person served.
(e) Persons served shall receive training and
support in order to understand options, make choices and exercise rights and
responsibilities.
1. The exercise of rights
is not limited when a person served has a guardian or interested
family.
(f) The licensee
shall be responsible for utilizing a Human Rights Committee in accordance with
N.J.A.C. 10:41A.
(g) The licensee
shall have procedures for the documentation of the investigation and resolution
of allegations of infringements of rights.
