N.J. Admin. Code § 10:46B-1.3 - Definitions

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

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

"Assistant Commissioner" means the Assistant Commissioner of the Division of Developmental Disabilities.

"Assistant Director" means an employee of the Division with administrative authority over community services.

"Available" means the service may be offered within the limitations of funding in a given fiscal year.

"Basic needs" means food, shelter and personal safety.

"Broker" means to arrange a service for an eligible individual without responsibility to fund that service.

"Bureau of Guardianship" (BGS) means the unit within the Department of Human Services which has the responsibility and authority to provide guardian of the person services to individuals in need of such services in accordance with N.J.A.C. 10:45.

"Caregiver" means an individual other than a parent, spouse or child of an eligible person including, but not limited to, sibling, grandparent, step family member, aunt, uncle, cousin or legal guardian who, without monetary payment, cares for the eligible person in his or her own home.

"Challenge grant" means funds provided to an agency which may be used in combination with other resources available to an individual which will meet the individual's needs sufficiently to allow that individual to be removed from the priority waiting list.

"Child" means a person under 18 years of age.

"Congregate setting" means a community residence as defined in N.J.A.C. 10:44A, developmental center, or a nursing home.

"Director" means the Director of the Division of Developmental Disabilities.

"Division" means the Division of Developmental Disabilities.

"Emergency" means that the eligible person is homeless or in imminent peril.

"Emergency services" means a supervised apartment operated by an agency with whom the Division specifically contracts to provide services for up to 60 days when the Division determines that an emergency exists. Services provided include safety, stabilization and assessment prior to a long-term placement or return to the former living arrangement. Emergency services are not considered a residential placement as defined in this rule.

"Funded vacancy" means a residential placement opportunity with a provider agency that is presently funded through a contract with the Division which becomes available when an individual receiving services moves from that placement.

"Homeless" means that the person has no place to live or the person's living arrangement will end on a date certain within 30 days and he or she has no other living arrangements after that date.

"Imminent peril" means a situation which could reasonably be expected to cause serious risk to the health, safety or welfare of the individual receiving services or another person in the current living arrangement. Imminent peril does not exist if the Division can put supports into the living arrangement which eliminate the serious risk to the individual.

"Individual habilitation plan" (IHP) means a written plan of intervention and action that is developed by the interdisciplinary team. (See 10:46B-2.1(j).)

"Interdisciplinary team" (IDT) means an individually constituted group responsible for the development of a single, integrated IHP. (See 10:46B-2.1(k).)

"Local education agency" (LEA) means a public board of education or other public authority having administrative control of schools in a city, township or other political subdivision of the State.

"Long-term placement" means a placement which is anticipated to be of one year's duration or longer.

"Office of Education" means the component of the Department of Human Services which supervises the educational programs in all State facilities operated by, or under contract with, the Department.

"Placement" means a waiver service as defined at 10:46-1.3 that provides a residence to the individual or day services that are provided out of the residence.

"Private institution" means a private residential facility for the developmentally disabled located in New Jersey which is licensed in accordance with N.J.A.C. 10:47, or any out-of-State institutional placements.

"Private out-of-State placement" (POSP) means an out-of-State placement in a community setting, such as a group home or supervised apartment or other similar placement as defined in N.J.A.C. 10:44A, which is licensed or otherwise approved by the appropriate agency in the state in which it is located. A community program which is operated by an institution is a POSP.

"Regional Assistant Director" means an employee of the Division with administrative authority over community programs and institutions within a specific geographic region of the State.

"Regional Administrator" means an employee of the Division with administrative authority over community programs within a specific geographic region of the State.

"Residential placement funded by the Division of Developmental Disabilities" means a living arrangement that is operated by the Division and certified by the Department of Human Services, licensed by the Department of Human Services under N.J.A.C. 10:44A, 10:44B, 10:44C, or 10:47.

"Respite services" means a short term arrangement in which an entity licensed in accordance with N.J.A.C. 10:44A or N.J.A.C. 10:44B provides supports for a person with developmental disabilities when that person's parent, child, spouse or caregiver(s) is temporarily unable to provide care. Such arrangements are not placements.

"Self-Determination Process" means a service delivery system which allows an individual with developmental disabilities, in conjunction with his or her legal guardian, if any, family and selected friends to identify appropriate services and supports and determine how an individual budget, as well as personal, family and community resources, can be used to develop a service plan. The Self-Determination Process is based upon the principles of freedom to plan one's own life, authority to utilize and manage resources, build one's own support system and carries responsibility to contribute back to the community and the appropriate stewardship of public funds.

"Supervised apartment" means apartments that are occupied by individuals with developmental disabilities and leased or owned by an entity licensed under N.J.A.C. 10:44A.

"Supports" means those services other than residential services provided by the Division which will help the individual remain in his or her living situation.


N.J. Admin. Code § 10:46B-1.3
Amended by 49 N.J.R. 3989(a), effective 12/18/2017

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