New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 45 - GUARDIANSHIP SERVICES
Subchapter 1 - GENERAL PROVISIONS
Section 10:45-1.3 - Definitions

The following words and terms, as used in this chapter shall have the following meanings, unless the context clearly indicates otherwise.

"Assistant Commissioner" means the Assistant Commissioner of the Office of Legal, Regulatory and Guardianship Services of the Department of Human Services.

"Best interest standard" means a guardian consents for programs or treatment in the best interest of an individual when the individual's wishes cannot be determined, when following the individual's wishes would cause substantial harm to the individual or when the guardian is unable to establish the individual's prior or current wishes.

"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 decision to be made. An individual may have capacity for decision-making in some areas of life, but not for the others, or for some decisions within an area of life, but not all.

"Commissioner" means the Commissioner of the Department of Human Services.

"Developmental disability" means a severe, chronic disability as defined in 10:46-1.3.

"Disability Rights New Jersey" or "DRNJ" means the organization designated by the Governor to be the agency to implement, on behalf of the State of New Jersey, the Protection and Advocacy System established under the Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. §§ 15041- 15045.

"Division" means the Division of Developmental Disabilities.

"Ethics committee" means a multi-disciplinary committee, independent of the Division and designated by the Division Director or his or her designee in accordance with 10:48B-2.1 that shall have a consultative role, when the Bureau of Guardianship Services is the guardian, in reviewing critical areas of decision-making.

"Family" means spouse, domestic partner as defined in P.L. 2006, c. 103, (26:8A-3) , children, parents and siblings of the individual alleged to be in need of a guardian.

"Functional or other services" means those services and programs in the Division that are available to provide the individuals with developmental disabilities with education, training, rehabilitation, adjustment, treatment, care and protection. Functional or other services shall include residential care, case management, social supervision and day programming.

"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 ensure 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.

"Guardian ad litem" means an individual appointed by a court to perform an extremely limited type of guardianship, namely to protect a child's or incapacitated adult's interest during a single instance of some form of court proceeding or litigation.

"Guardian of the person" means an individual or agency appointed by a court of competent jurisdiction to make personal decisions in an individual's life, excluding decisions about an individual's property.

"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.

"Incapacitated individual" means an adult individual who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic alcoholism or other cause to the extent that the person lacks sufficient capacity to govern himself or herself and manage his or her affairs.

"Individual" means a person receiving services from the Division of Developmental Disabilities who has been determined to be in need of a guardian either through adjudication by the court or through an administrative process pursuant to 30:4-165.1 3.

"Informed consent" means a process of decision making based upon an understanding of the proposed action or treatment, risks, benefits, alternatives and possible outcomes.

"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.

"Interested party" means anyone involved in the life of a child or adult that might have input into the decision being rendered. An interested party includes, but is not limited to, family, provider staff, medical staff or team members from the IDT.

"Least restrictive" is the principle of seeking solutions that are the least restrictive and intrusive to an individual's liberty and that preserve, to the maximum extent possible, the individual's autonomy while providing needed protections.

"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.

"Substitute judgment" is the principle of decision making that substitutes, as the guiding force in any surrogate decision made by the guardian, the decision the individual would have made when competent. Substitute judgment promotes the underlying values of self-determination and well-being of the individual.

"Temporary guardianship services" means guardianship services provided by BGS to a minor that may continue for up to one year prior to judicial review.