New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 46B - PLACEMENT
Subchapter 4 - PLACEMENT DECISIONS
Section 10:46B-4.3 - Private out-of-State placements (POSP)

Universal Citation: NJ Admin Code 10:46B-4.3

Current through Register Vol. 56, No. 18, September 16, 2024

(a) When an individual has been identified for placement pursuant to 10:46B-4.1 or is in need of an emergency placement and has been in a POSP for at least one year and the individual has requested funding by the Division in a POSP, the Division may defer plans for his or her return to the State of New Jersey if the following conditions have been met.

1. The person is on the priority waiting list and there is funding available;

2. The individual or legal guardian requests that the POSP be continued;

3. The Division determines that the person is appropriately placed in the POSP;

4. The individual is over 21 years of age; and

5. The cost of the POSP is at or below the cost of the current average community placement in New Jersey, as determined by the Division. The Division shall announce that amount annually in the New Jersey Register at the beginning of each fiscal year.

(b) If the conditions in (a) above are met, the Division shall defer a plan to return the individual to New Jersey, as long as the person remains appropriately placed and the cost of the placement remains at or below the cost of the current average community placement in New Jersey. The placement shall be reviewed annually at the time of the IHP.

(c) The Division shall not fund placement in the POSP if it is determined by the Division to be inappropriate to meet the needs described in the IHP.

(d) If the Division does not fund the placement for any of the reasons in (a) above, the Division will plan to return the individual to an available placement in New Jersey.

(e) The POSP shall maintain an appropriate license, certificate or other approval by the state in which it is located. Loss of the required license, certification or approval shall be grounds for immediate return of the individual to New Jersey.

(f) The Division's Chief Fiscal Officer shall ensure that a copy of the appropriate license, certification or approval is obtained annually.

(g) The POSP shall agree in writing to provide to the Division a copy of all reports of unusual incidents involving the person placed, as a condition of continued placement.

(h) If the conditions in this section cannot be met, the Division shall give the individual or legal guardian the option to seek a transfer through the Interstate Compact or to apply directly to the state in which the person is located, if the person wishes to remain out-of-State.

(i) When one of the criteria in this section is not met and it is determined by the Division that the individual must be returned to New Jersey, a transition IHP shall be developed by the Division to assist the person in his or her return to New Jersey.

(j) When a placement in New Jersey has been identified, the Division shall offer a placement in writing, consistent with the IHP, to the individual or legal guardian. The individual and his or her legal guardian shall be invited to visit the proposed placement.

(k) It is expected that an overnight visit to the proposed placement shall occur. The overnight visit may be waived or additional visits required by mutual agreement of the individual or legal guardian, the Division and the proposed provider.

(l) If the individual or legal guardian does not plan with the Division to return the individual to New Jersey and to participate in an overnight visit, the Division shall determine that it cannot implement the IHP. The individual or legal guardian shall be notified in writing that the Division shall cease funding the POSP within 90 days. The Division shall also notify the POSP in writing of the date funding will cease. The individual shall continue to remain eligible for other services of the Division.

(m) If the individual or legal guardian reconsiders and agrees to cooperate in planning for the return of the individual to New Jersey, the Division shall withdraw its notice to cease funding.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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