N.J. Admin. Code § 10:44A-3.1 - General requirements

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

(a) The provision of services and support shall demonstrate recognition that people with disabilities have the same rights as all other citizens.
1. An individual'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 then upon subsequent request, the licensee shall provide the individual receiving services and his or her guardian, where applicable, with the following:
1. A copy of the Division's rights document;
2. The names, addresses and telephone numbers of advocates available to assist the individual in understanding and enforcing these rights, to include, at a minimum:
i. New Jersey Protection and Advocacy, Inc.;
ii. Community Health Law Project;
iii. Office of Licensing, Developmental Disabilities Licensing;
iv. Bureau of Guardianship, if applicable;
v. His or her case manager;
vi. Division of Youth and Family Services' Child Abuse Control number (1-800-792-8610), if applicable; and
vii. Office of the Ombudsman (1-877-582-6995), if applicable.
3. A copy of the licensee's rules which apply to the individual's residence; and
4. A copy of the licensee's grievance procedure for appealing agency decisions, which shall have a minimum of two levels of appeal, the last of which shall involve the executive director or the licensee.
(c) If an individual is unable to read (b)1 through 4 above, the text shall be read or the meaning conveyed to the individual in a language or manner the individual understands.
1. The licensee shall make provisions to explain portions that are not understood and answer any questions the individual may have regarding (b)1 through 4 above.
(d) A copy of a written acknowledgment that (b)1 through 4 above has been explained and understood shall be immediately signed and dated by the individual, the licensee's representative(s) and the individual'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 individual's record.
2. The acknowledgment may also be witnessed by a personal advocate, if present.
3. The acknowledgment shall be placed in the individual's record.
(e) The licensee shall ensure that staff are familiar with and observe the rights and responsibilities enumerated in the approved rights document.
(f) Individuals receiving services 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 an individual has a guardian or interested family.
(g) The licensee shall be responsible for utilizing a Human Rights Committee in accordance with N.J.A.C. 10:41-4.

Notes

N.J. Admin. Code § 10:44A-3.1
Administrative change.
See: 33 New Jersey Register 3746(a).
Amended by R.2004 d.404, effective 11/1/2004.
See: 36 New Jersey Register 2589(a), 36 New Jersey Register 4961(a).
In (b), substituted "Developmental Disabilities Licensing" for "and Inspections" in 2iii.

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