N.J. Admin. Code § 10:120B-1.5 - Termination of services

Current through Register Vol. 54, No. 7, April 4, 2022

(a) The service provider may terminate, suspend, or reduce social services any time during the month, provided that the service provider gives a 10-day advance notice to the client, as stated in 10:120B-1.2(b)1, and except for the conditions listed in 10:120B-1.2(c).
(b) When there is a request for a hearing, the service provider shall not continue or reinstate services until the hearing is held, except for the circumstances in (b)1 below. Services shall not be continued pending the judge's decision, except for the circumstances in (b)1 below.
1. The service provider shall continue or reinstate services at an unreduced level until the hearing is held or pending the judge's decision only when the client demonstrates to the service provider that the loss of the services creates a severe hardship. The service provider shall consult with the Area Office before making the decision and shall consider the Area Office's recommendation when making the decision. Services shall be continued or reinstated based on a severe hardship only when:
i. There is the danger of a client's loss of employment or loss of a bona fide offer of employment;
ii. There is imminent danger of the immediate breakup of the family, with a child needing out-of-home placement;
iii. The client is in imminent physical danger or at risk of child abuse or neglect; or
iv. There is danger of serious harm to the client who is medically diagnosed as mentally or physically incapable of caring for himself or herself and leading to inpatient hospital care or institutionalization.
(c) Upon receipt of a request for a hearing, the Administrative Hearings Unit shall make a record thereof and shall promptly transmit the case to the Office of Administrative Law for a hearing. The Administrative Hearings Unit shall send an acknowledgment of the request to the client, along with a copy of the statement entitled "How a Hearing is Conducted." The service provider shall be kept informed of the arrangements for the hearing.

Notes

N.J. Admin. Code § 10:120B-1.5

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