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
N.J.A.C. 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
N.J.A.C. 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,
(N.J.S.A. 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
N.J.S.A. 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
N.J.S.A. 30:4-165.13.
"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
N.J.S.A. 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.
