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CHAPTER 46A

FAMILY SUPPORT SERVICES SYSTEM

CHAPTER TABLE OF CONTENTS

SUBCHAPTER 1. GENERAL PROVISIONS

10:46a-1.1 Purpose: authority

10:46A-1.2 Scope

10:46A-1.3 Definitions

SUBCHAPTER 2. ELIGIBILITY CRITERIA

10:46A-2.1 General eligibility

10:46A-2.2 Who may apply for family support services

10:46A-2.3 Requests for family support services

10:46A-4.2 Responsibilities of the Regional Family Support Planning Councils

10:46A-4.3 Statewide Family Support Council

SUBCHAPTER 1. GENERAL PROVISIONS

10:46a-1.1 Purpose: authority

   (a) Pursuant to N.J.S.A. 30:6D-33 et seq., the Division of Developmental Disabilities, in conjunction with the New Jersey Developmental disabilities council must create a system of family support that is flexible and designed to strengthen and promote families that provide care at home for a family member with a developmental disability.

   (b) A Statewide family support policy must acknowledge that families themselves are able to define their own needs and select their own services; within available resources, family supports must be chosen by the families, controlled by families and monitored by families.

   (c) The system of Family Support shall include, but not limited to:

   1. After school care;

   2. Cash subsidies;

   3. Communication and interpreter services;

   4. counseling services;

   5. Crisis intervention;

   6. Day care;

   7. Equipment and supplies;

   8. Estate and transition planning;

   9. Home and vehicle modification;

   10. Home health services;

   11. Homemaker assistance;

   12. Housing assistance;

   13. Medical and dental care not otherwise covered;

   14. Parent education and training;

   15. Personal assistance services;

   16. Recreation services;

   17. Respite care for families;

   18. Self advocacy training;

   19. Service coordination;

   20. Specialized diagnosis and evaluation;

   21. Specialized nutrition and clothing;

   22. Therapeutic or nursing services;

   23. Transportation;

   24. Vouchers; and

   25. Other services as identified by the family, in accordance with N.J.A.C. 10:46A-2.3.

   (d) The Commissioner shall establish income, need and other criteria, in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., to ensure that the expenditures for the Family Support System are within the limits of available funding.

   (e) The amount of funds for family support services shall be subject to the funding available in the current fiscal year.

   (f) Adults with developmental disabilities should be afforded the opportunity to make decisions for themselves, live in typical homes within their own communities and exercise their full rights as citizens.  Adults with developmental disabilities should have options for living separately from their families, but, when this is not the case, families should be provided the supports they need, within available funding limits.

10:46A-1.2 Scope

   The provisions of this chapter shall apply to all eligible persons with developmental disabilities and/or their families.  The provisions of this chapter also apply to agencies under contract with or regulated by the Division of Developmental Disabilities, within the Department of Human Services.

10:46A-1.3 Definitions

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

  "Adult" means any individual 18 years of age and older.

   "Developmental disability" means a severe, chronic disability of a person which:

   1. Is attributable to a mental or physical impairment or combination of mental or physical impairments;

   2. Is manifest before age 22;

   3. Is likely to continue indefinitely;

   4. Results in substantial functional limitations in three or more of the following areas of major life activity, that is, self-care, receptive and expressive language, learning, mobility, self-direction and capacity for independent living or economic self-sufficiency;  and 

  5. Reflects the need for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are of lifelong or extended duration and are individually planned and coordinated.

   6. Developmental disability includes, but is not limited to, severe disabilities attributable to mental retardation, autism, cerebral palsy, epilepsy, spina bifida and other neurological impairments where the above criteria are met.  (N.J.S.A. 30:6D-25.) 

  "DDD Family Support Coordinator" means an employee of DDD designated by the Regional Administrator to coordinate the region's family support service system.

   "Developmental Disabilities Council" (DDC) means the Federally-mandated State planning and advisory board composed of 28 members appointed by the Governor.

   "Division" or "DDD" means the Division of Developmental Disabilities within the Department of Human Services.

   "Family" means the family member with a developmental disability and his or her parents, siblings, spouse, and/or children, or uncompensated caregiver.

   "Functional services" means those services and programs available to provide a person with a developmental disability:  education, training, rehabilitation, adjustment, treatment, care and protection.  (N.J.S.A. 30:4-23)

  "Family support" means a coordinated system of on-going public and private supports, services, resources, and other assistance, which are designed to maintain and enhance the quality of life of a family member with a developmental disability and his or her family.

   "Family Support Coordinator" means a coordinator working under the direction of the Developmental Disabilities Council (DDC) who shall be a person qualified by training and experience to perform the duties of his or her office. 

  "Level of service" means the contracted number of units of service to be delivered and the actual number of units of service delivered.

   "Parent" means the biological or adoptive parent or uncompensated foster parent or legal guardian.

   "Resident" means a person who is a domiciliary of New Jersey for other than a temporary purpose and who has no present intention of moving from the State.

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

   "Uncompensated caregiver" means the person, including, but not limited to, a parent, sibling, spouse, child, grandparent, step family member, aunt, uncle, cousin or legal guardian, who, without monetary payment, cares for the family member with a developmental disability and with whom the family member with a developmental disability resides.

SUBCHAPTER 2. ELIGIBILITY CRITERIA

1. A person determined to have a developmental disability in accordance with the
   requirements of N.J.A.C. 10:46 and who is a resident of the State of New Jersey, shall be eligible for family support services.

1. In accordance with N.J.A.C. 10:46, a person with a developmental disability can be determined to be eligible for either functional services, or for support services only.
 

2. A person with a developmental disability must either live with a family member or an
   uncompensated caregiver. The requested family support services are provided to support the family.
3. The DHS and any publicly funded agency which provides family support services shall assist families in obtaining all other sources of funding, such as Medicaid or private insurance, before using funds available for the purpose of this chapter.

1. Requests for family support services may be made by:

SUBCHAPTER 3. FAMILY SUPPORT COORDINATOR

1. The family support system shall be administered by the Division, in conjunction with the Family Support Coordinator working under the direction of the Developmental Disabilities Council
2. The Division of Developmental Disabilities shall develop an agreement with the Developmental Disabilities Council regarding the role and authority of the Coordinator.
3. The Family Support coordinator shall:

1. (a) Each Regional Family Support Planning Council shall work to establish and expand family support in its region. 

     (b) Each Regional Family Support Planning Council shall develop and implement a method of obtaining public input that provides the opportunity to express comments and share concerns and information about family support. 

     1. Public input shall include public meetings, that are held locally at a time and place that is convenient for the families. 

     2. Attendance records and written minutes shall be made available to the Family Support Coordinator and the DDD. 

     3. Based on the needs of the region the Regional Family Support Planning Council serves, at least two additional means of obtaining public input shall also be utilized to ensure all interested individuals are represented. 

     (c) Each Regional Family Support Planning Council shall monitor the implementation of the family support system to ensure that the system is meeting the mandates of the legislation and the extent to which family-centered outcomes are achieved. Monitoring shall, at a minimum, address the following:

      1. The effectiveness of the public awareness and outreach activities supported by the Division of Developmental Disabilities and the Developmental Disabilities Council; 

     2. The diversity of the individuals and families accessing the system in comparison to the demographics of the area; 

     3. Individual and family satisfaction with regard to the system; 

     4. The practices of DDD and provider agencies, as it relates to Family Support, including the implementation of the eligibility criteria; 

     5. A review of family support resources to determine the extent to which they meet the needs of the individuals and families in the regions; and 

     6. Levels of service. 

     (d) Each Regional Family Support Planning Council shall receive from DDD by December 15 of each year, figures representing the allocation of existing resources for family support at State and regional levels. 

     (e) Each Regional Family Support Planning Council shall be informed by DDD about any anticipated funds for family support no later than 15 days following the release of the proposed State Budget. Within 30 additional days, each Regional Family Support Planning Council shall submit for discussion an initial written proposal regarding the expenditure of those funds to DDD in accordance to the needs represented by the families in their region. 

      (f) Each Regional Family Support Planning Council shall be formally notified about any new funds for family support no later than 15 days following the Division's notification of receipt of funds. Within 30 additional days, each Regional Family Support Planning Council and DDD Regional Office shall finalize the recommendations for the expenditure of those funds. 

     (g) Each Regional Family Support Planning Council shall receive notification from DDD 90 days prior to the expiration of a family support contract for the Council's input regarding reallocation of funds, modification of Annex A's or B's and/or discontinuation of the contract. 

     (h) Based on the results of the public input and monitoring activities, each Regional Family Support Planning Council shall develop, by June of each year, an annual report for submission to the Office of Constituent Relations and Community Outreach, the appropriate Regional Assistant Director and the Family Support Coordinator which shall include: 

     1. A description of information gathering process from the previous year; 

     2. Monitoring results and data collected; 

     3. An evaluation of the family support system for the area of the region the Council serves, including an analysis of the equal distribution of funds; 

     4. Long and short-term recommendations for new programs or supports that can best meet the needs of the families that reside within the region that the Council services; 

     5. Identification of training needs for family support. 

     6. A summary of the ongoing recommendations for reallocation of funds within existing family support contracts, including recommendations for the reallocation of funds within an existing family support contract, modification Annex A's and B's, and discontinuation of an existing contract identified as not meeting needs; and 

     7. Recommendations of additional funding needs for the next fiscal year. 

     (i) Each Regional Family Support Planning Council's annual report shall be made available, upon request, through the Family Support Coordinator.