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INTRODUCTION
The N.J. State Administrative Code provides detail on
the organization structure and procedures that govern the administering of
services by state agencies. The Department of Human
Services, Division of Developmental Disabilities, is the primary state
agency for the delivery of non-employment based services for the
Developmentally Disabled.
Reproduced below is the Table of Contents for the
Administrative Code for the Division of Developmental Disabilities.
This easy to use system links each highlighted Chapter and Sub-Chapter to
the specific code for that section. To return to this Table of
Contents from a particular Chapter, go to the top of the Chapter page and
click the RETURN TO PREVIOUS PAGE TEXT.
Disability Services & Advocacy, LLC
accepts no liability for any errors contained in this reproduction of the
Administrative Code.
For further clarifications, contact the Division of Developmental
Disabilities.
CHAPTER TABLE OF CONTENTS
CHAPTER 40 -
DIVISION OF DEVELOPMENTAL DISABILITIES ORGANIZATION RULES
CHAPTER 41 -
DIVISION OF DEVELOPMENTAL DISABILITIES ORGANIZATIONAL RULES
CHAPTER 42 -
MECHANICAL RESTRAINTS AND SAFEGUARDING EQUIPMENT
CHAPTER 43 -
DETERMINATION OF NEED FOR A GUARDIAN
CHAPTER 44
A -
STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUAL WITH
DEVELOPMENTAL DISABILITIES
CHAPTER 44 B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES
CHAPTER 45 -
GUARDIANSHIP SERVICES
CHAPTER 46 -
DETERMINATION OF ELIGIBILITY
CHAPTER 46 A -
FAMILY SUPPORT SERVICES
CHAPTER 46 B -
PLACEMENT
CHAPTER 46 C -
WAITING LIST PROCEDURES
CHAPTER 47 -
STANDARDS FOR PRIVATE LICENSED FACILITIES FOR THE DEVELOPMENTALLY DISABLED
CHAPTER 48 -
ADMINISTRATION
SUB-CHAPTER TABLE OF CONTENTS
CHAPTER 40 - DIVISION OF DEVELOPMENTAL
DISABILITIES ORGANIZATION RULES
SUBCHAPTER
1, GOALS AND RESPONSIBILITIES
10:40-1.1 Goals and Responsibilities
SUBCHAPTER
2, COMPOSITION OF THE DIVISION
10:40-2.1 Organization For the Provision of Mandated
Services
CHAPTER
41 - DIVISON OF DEVELOPMENTAL DISABILITIES ORGANIZATION RULES
SUBCHAPTER 1, RESERVED
SUBCHAPTER
2, ACCESS TO CLIENT RECORDS AND RECORD CONFIDENTIALITY
10:41-2.1 Purpose
10:41-2.2 Scope
10:41-2.3 Definitions
10:41-2.4 Division Policy
10:41-2.5 Copying Fees
10:41-2.6 Electronic Records
10:41-2.7 Security of Records
10:41-2.8 Public and Non-Public Agency Records
10:41-2.9 Client Records
10:41-2.10 Release of Records
10:41-2.11 Court Orders and Subpoenas
10:41-2.12 Staff Assistance
10:41-2.13 Release of Records to Further the
Client's Habilitation
10:41-2.14 Safeguarding Confidentiality of the
Record
SUBCHAPTER
3, RESERVED
SUBCHAPTER
4, HUMAN RIGHTS COMMITTEES
10:41-4.1 Scope
10:41-4.2 Purpose
10:41-4.3 Definitions
10:41-4.4 Rights of Developmentally Disabled Persons
10:41-4.5 Role of the Human Rights Committee
10:41-4.6 Appointments of Members
10:41-4.7 Appointment and Duties of Chairperson and
Vice Chairperson
10:41-4.8 Conflict of Interest
10:41-4.9 Filling Vacancies Created By Unexpired
Terms
10:41-4.10 Removal of Human Rights Committee Members
10:41-4.11 Meetings of the Human Rights Committee
10:41-4.12 Minutes of the Meeting
10:41-4.13 (Reserved)
10:41-4.14 General Committee Functions
10:41-4.15 Responsibilities of the Chairperson
10:41-4.16 Decision Making Process; Behavior
Modification Plans
10:41-4.17 Orientation To The Human Rights Committee
10:41-4.18 Provider Agency Committees
10:41-4.19 Procedures for Provider Agency Committees
10:41-4.20 Membership of Provider Agency Human
Rights Committees
10:41-4.21 Notification of Meetings
10:41-4.22 Minutes of Meeting
CHAPTER 42 - MECHANICAL RESTRAINTS AND
SAFEGUARDING EQUIPMENT
SUBCHAPTER
1. GENERAL PROVISIONS
10:42-1.1 Purpose
10:42-1.2 Scope
10:42-1.3 Definitions
10:42-1.4 General requirements
SUBCHAPTER
2. SAFEGUARDING EQUIPMENT AND MECHANICAL RESTRAINTS
10:42-2.1 Use of safeguarding equipment
10:42-2.2 Mechanical restraints
SUBCHAPTER
3. APPLICATION AND IMPLEMENTATION
10:42-3.1 Application to use mechanical restraint
10:42-3.2 Implementation standard: development centers and licensed
private residential facilities
10:42-3.3 Implementation standards: community programs for the
developmentally disabled
SUBCHAPTER
4. MEDICAL/DENTAL EVALUATIONS, EXAMINATIONS OR TREATMENT
10:42-4.1 Use of mechanical restraint for
medical/dental evaluations, examinations or treatment
CHAPTER 43 - DETERMINATION OF NEED FOR A
GUARDIAN
SUBCHAPTER
1. GENERAL PROVISIONS
10:43-1.1 Philosophy
10:43-1.2 Authority; scope of services 10:43-1.3
Definitions
10:43-1.4 Scope; applicability
SUBCHAPTER
2. GUIDELINES FOR GUARDIANSHIP DETERMINATIONS
10:43-2.1 Approach
10:43-2.2 Factors to be addressed
SUBCHAPTER
3. PROCEDURES FOR DETERMINATION OF GUARDIANSHIP NEED
10:43-3.1 Time for guardianship need assessment
10:43-3.2 Initial screening 10:43-3.3 Clinical
evaluation
SUBCHAPTER
4. COMMUNICATION REGARDING GUARDIANSHIP NEED
10:43-4.1 Communication with client and family
10:43-4.2 (Reserved)
SUBCHAPTER
5. APPOINTMENT OF GUARDIAN
10:43-5.1 Referral for court appointment of a guardian
10:43-5.2 Procedure for referral to the Attorney
General
SUBCHAPTER
6. INDIVIDUALS RECEIVING GUARDIANSHIP SERVICES WITHOUT COURT APPOINTMENT
10:43-6.1 Procedures for individuals receiving
guardianship services
without court appointment
SUBCHAPTER
7. APPLICATION BY A PARTY OTHER THAN THE DIVISION FOR APPOINTMENT OF A
GUARDIAN
10:43-7.1 Procedures
SUBCHAPTER
8. ADDRESSING SUITABILITY OF PROSPECTIVE GUARDIAN
10:43-8.1 Procedure for questioning prospective
guardian suitability
SUBCHAPTER
9. REVIEW OF GUARDIANSHIP STATUS
10:43-9.1 Procedure
10:43-9.2 Individual receiving guardianship services without court
appointment; staff review of guardianship
10:43-9.3 Individual who has a court appointed guardian; staff review
of guardianship
10:43-9.4 Special review
CHAPTER 44 - STANDARDS FOR COMMUNITY
RESIDENCES FOR THE DEVELOPMENTALLY DISABLED
SUBCHAPTER
1. GENERAL PROVISIONS
10:44A-1.1 Purpose and Scope
10:44A-1.2 Severability
10:44A-1.3 Definitions
10:44A-1.4 Application For licensure
10:44A-1.5 Procedure manual
10:44A-1.6 Issuance of an initial
license
10:44A-1.7 Renewal of a license
10:44A-1.8
Denial, revocation, non-renewal or suspension of a
license
10:44A-1.9 Administrative
hearings
10:44A-1.10 Waiver or variance
10:44A-1.11 Complaints
10:44A-1.12 Voluntary closure
SUBCHAPTER
2, ORGANIZATION AND ADMINISTRATION
10:44A-2.1 General Requirements
10:44A-2.2 Development and
Maintenance of Procedure
10:44A-2.3 Implementation of procedure manual
10:44A-2.4 Personal
10:44A-2.5 Minimum Staff
Requirements
10:44A-2.6 Orientation
10:44A-2.7 Staff Training
10:44A-2.8 Staff coverage
10:44A-2.9 Records; individuals
receiving services
10:44A-2-10 Individual financial
records: individual funds
SUBCHAPTER
3, ADVOCACY AND RIGHTS
10:44A-3.1 General Requirements
10:44A-3.2 Rules governing a
residence
10:44A-3.3 Self-Advocacy
SUBCHAPTER
4, HABILITATION
10:44A-4.1 Pre-admission and Admission
10:44A-4.2 Changes in
supports/services
10:44A-4.3 Individualized Habilitation Plan
(IHP)
SUBCHAPTER
5, HEALTH SERVICES
10:44A-5.1 General Health Care
10:44A-5.2 Prescription Medication
10:44A-5.3 Over-the-counter
medications
10:44A-5.4 Emergency telephone
numbers
10:44A-5.5 Food
10:44A-5.6 Clothing
10:44A5.7 Vehicle safety
10:44A5.8 Workplace safety
SUBCHAPTER
6: PHYSICAL ENVIRONMENT
10:44A-6.1 Fire safety
10:44A-6.2 Fire evacuation plans
10:44A-6.3 Egress protocols
10:44A-6.4 Use group
classification requirements
10:44A-6.5 Fire extinguishers
10:44A-6.6 General home
requirements
10:44A-6.7 Certificate of
Occupancy
10:44A-6.8 Exits
10:44A-6.9 Heat sources
10:44A-7.0 Water
10:44A-6.11 Railings, stairs and
hallways
10:44A-6.12 Windows
10:44A-6.13 Bedrooms
10:44A-6.14 Bathrooms
10:44A-6.15 Kitchens
10:44A-6.16 Basement use
10:44A-6.17 Maintenance requirements
CHAPTER 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES
SUBCHAPTER 1. GENERAL
PROVISIONS
10:44B-1.1 Purpose and scope
10:44B-1.2 Severability
10:44B-1.3 Definitions
10:44B-1.4 Application for
community care licensure
10:44B-1.5 Licenses and
inspection
SUBCHAPTER 2.
ADMINISTRATIVE POLICIES AND PRACTICES
10:44B-2.1 Licensee requirements
10:44B-2.2 Placement and
departures
10:44B-2.3 Records
SUBCHAPTER 3. CARE OF THE
INDIVIDUAL
10:44B-3.1 Individual rights and
responsibilities
10:44B-3.2 Personal health,
hygiene, and grooming
10:44B-3.3 Food
10:44B-3.4 Clothing
SUBCHAPTER 4. HABILITATION
10:44B-4.1 Individual
Habilitation Plan
10:44B-4.2 Day programs
SUBCHAPTER 5. HEALTH
SERVICES
10:44B-5.1 General medical and
health care
10:44B-5.2 Medication and drugs
SUBCHAPTER 6. PHYSICAL
PLANT AND SAFETY
10:44B-6.1 General home
requirements
10:44B-6.2 Fire safety
10:44B-6.3 Individual rooms
CHAPTER 45 - GUARDIANSHIP SERVICES
SUBCHAPTER
1. GENERAL PROVISIONS
10:45-1.1 Authority
10:45-1.2 Definitions
SUBCHAPTER
2. ELIGIBILITY REQUIREMENTS FOR GUARDIANSHIP SERVICES
10:45-2.1 Eligibility Requirements for Adult,
10:45-2.2 Eligibility Requirements for Children
SUBCHAPTER
3. CONTINUATION OF ELIGIBILITY FOR GUARDIANSHIP SERVICES
10:45-3.1 Continuation of Eligibility for Adults
10:45-3.2 Continuation of Eligibility for Children
SUBCHAPTER
4. ROLE AND RESPONSIBILITIES OF BUREAU OF GUARDIANSHIP SERVICES
10:45-4.1 Distinct Role of BGS Staff
10:45-4.2 Functions and Duties of BGS Staff
10:45-4.3 Duty to Inform
SUBCHAPTER
5. LIMITATIONS OF AUTHORITY BUREAU OF GUARDIANSHIP SERVICES
10:45-5.1 Guardianship of Person
10:45-5.2 Procedures Requiring Court Approval
10:45-5.3 Guardianship Services for a Child Whose Parent or Guardian is
Deemed Unavailable
CHAPTER
46 - DETERMINATION OF ELIGIBILITY REQUIREMENTS
SUBCHAPTER
1. GENERAL PROVISIONS
10:46-1.1 Purpose; authority
10:46-1.2 Scope
10:46-1.3 Definitions
SUBCHAPTER
2. ELIGIBILITY CRITERIA
10:46-2.1 General eligibility
10:46-2.2 Residency
10:46-2.3 Presumptive eligibility
10:46-2.4 Services
10:46-2.5 Determination of financial ability to pay
10:46-2.6 Treasury Formula-DDD
SUBCHAPTER 3.
APPLICATION
10:46-3.1 Who may apply
10:46-3.2 Where to apply
10:46-3.3 How to apply
10:46:3.4 Reapplication
SUBCHAPTER
4. DETERMINATION PROCESS
10:46-4.1 Determination
10:46-4.2 Notice requirements
SUBCHAPTER
5. OFFERS BY THE DIVISION
10:46-5.1 Offer of placement
SUBCHAPTER 6.
TERMINATION
10:46-6.1 Notice of termination
SUBCHAPTER
7. APPEALS PROCESS
10:46-7.1 Appeals
CHAPTER 46A - FAMILY
SUPPORT SERVICES
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
SUBCHAPTER 3. FAMILY SUPPORT COORDINATOR
10:46A-3.1 Role of the Coordinator
SUBCHAPTER 4. REGIONAL FAMILY SUPPORT PLANNING COUNCILS
10:46A-4.1 Membership
10:46A-4.2 Responsibilities of the Regional Family Support Planning
Councils
10:46A-4.3 Statewide Family Support Council
CHAPTER 46B - PLACEMENT
SUBCHAPTER
1. GENERAL PROVISIONS
10:46B-1.1 Purpose; authority
10:46B-1.2 Scope
10:46B-1.3 Definitions
SUBCHAPTER
2. ADMINISTRATION
10:46B-2.1 General standards for administration of
placements
SUBCHAPTER 3.
PLACEMENTS
10:46B-3.1 Availability of placements
10:46B-3.2 Waiting lists
10:46B-3.3 Emergency placements
10:46B-3.4 Placement of children
SUBCHAPTER
4. PLACEMENT DECISIONS
10:46B-4.1 General standards for placement decisions
10:46B-4.2 Placements in private institutions
10:46B-4.3 Private out of State placements (POSP)
SUBCHAPTER 5.
APPEALS
10:46B-5.1 Placement appeals
CHAPTER 46C - WAITING LIST PROCEDURES
SUBCHAPTER
1. GENERAL PROVISIONS
10:46C-1.1 Purpose
10:46C-1.2 Scope
10:46C-1.3 Definitions
10:46C-1.4 Waiting list assignment for residential
services
10:46C-1.5 Initial notification for residential
services
10:46C-1.6 Procedure for adding to or changing the waiting list
category
10:46C-1.7 Offers of services
10:46C-1.8 Parents who reach age 60 and request
residential services
10:46C-1.9 Children for whom residential services
are requested
10:46C-1.10 Emergency residential placement
10:46C-1.I I Psychiatric admission
10:46C-1.12 Movement between residential placements
10:46C-1.13 Reassessment of residential waiting list assignment
10:46C-1.14 Appeals
10:46C-1.15 Waiting list for day programs
CHAPTER 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR THE
DEVELOPMENTALLY DISABLED
SUBCHAPTER 1. GENERAL PROVISIONS
10:47-1.1 Purpose and scope
10:47-1.2 Definitions
SUBCHAPTER 2.
LICENSURE
10:47-2.1 Admissions to private facilities
10:47-2.2 Surveys of facilities
10:47-2.3 License
SUBCHAPTER 3. ADMINISTRATION
10:47-3.1 Management and organizational standards
10:47-3.2 Inspection
10:47-3.3 Waivers
10:47-3.4 Mission statement
10:47-3.5 Conflict of interest; provision of goods and services
10:47-3.6 Governing body; non-proprietary facilities
10:47-3.7 Governing body; proprietary facilities
10:47-3.8 Administrative procedures manual
10:47-3.9 Abuse of minor
10:47-3.10 Abuse of dependent adults
10:47-3.11 Quality assurance system
10:47-3.12 Behavior management
10:47-3.13 Transportation
10:47-3.14 Admission policies
10:47-3.15 Pre-admission
10:47-3.16 Individual records
10:47-3.17 Discharge Records
10:47-3.18 Maintenance of records
APPENDIX A. DDD CLASSIFICATION OF INCIDENT
CATEGORIES
SUBCHAPTER 4. PERSONNEL AND STAFF TRAINING
10:47-4.1 Policies
11:47-4.2 Personnel records
10:47-4.3 Staff training
10:47-4.4 Staff ratios
10:47-4.5 Volunteer services
SUBCHAPTER 5. PROTECTING INDIVIDUALS’ RIGHTS
10:47-5.1 General provisions
10:47-5.2 Personal funds
10:47-5.3 Clothing and personal possessions
10:47-5.4 Privacy
10:47-5.5 Personal hygiene
SUBCHAPTER 6. HEALTH
10:47-6.1 General medical and health care
10:47-6.2 Physician services
10:47-6.3 Nursing services
10:47-6.4 Dental services
10:47-6.5 Pharmaceutical services
10:47-6.6 Psychoactive medication
10:47-6.7 Medical records
10:47-6.8 Lead control
SUBCHAPTER 7. HABILITATION SERVICES
10:47-7.1 Individual Habilitation Plan
10:47-7.2 Individual training
10:47-7.3 Education
10:47-7.4 Adult training and vocational services
10:47-7.5 Psychological services
10:47-7.6 Behavior management procedure manual
10:47-7.7 Time out rooms
10:47-7.8 Behavior management committee
10:47-7.9 Use of Level III techniques
10:47-7.10 Medical certification in cases of physical risk
10:47-7.11 Emergency mechanical restraint
10:47-7.12 Recreation
10:47-7.13 Social services
10:47-7.14 Rehabilitation services
10:47-7.15 Adaptive equipment
SUBCHAPTER 8. DIETARY SERVICES
10:47-8.1 Dining environment
10:47-8.2 Nutritional services
10:47-8.3 Meal service
10:47-8.4 Food service and menu planning
10:47-8.5 Food sanitation
SUBCHAPTER 9. PHYSICAL ENVIRONMENT
10:47-9.1 General requirements
10:47-9.2 Bedrooms
10:47-9.3 Bathrooms
10:47-9.4 Laundry services
SUBCHAPTER 10. LIFE SAFETY
10:47-10.1 Fire safety
10:47-10.2 Sanitation
10:47-10.3 Transportation
CHAPTER 48 - ADMINISTRATION
SUBCHAPTER 1. APPEAL PROCEDURE
10:48-1.1 General provisions
10:48-1.2 Definitions
10:48-1.3 Contested cases
10:48-1.4 Office of Administrative Law
10:48-1.5 Non-contested cases
10:48-1.6 Emergency relief
SUBCHAPTER 2. VIRAL HEPANTIS
10:48-2.1 Purpose
10:48-2.2 Scope
10:48-2.3 Definitions
10:48-2.4 Exclusion from programs
10:48-2.5 Immunization expenses
10:48-2.6 Requirements for program participation or placement of
persons with hepatitis B
10:48-2.7 Staff training
10:48-2.8 Responsibility for testing and monitoring
10:48-2.9 Testing and monitoring process
10:48-2.10 Admission of an individual receiving services
10:48-2.11 Transfer of an individual receiving services
10:48-2.12 Immunization of susceptible individuals at risk
10:48-2.13 Informed consent
10:48-2.14 Immunization of individuals scheduled to be admitted to
developmental centers
10:48-2.15 Treatment for those who have been exposed to hepatitis and
have not been immunized or who have no natural immunity
10:48-2.16 Registry of carriers of hepatitis B
10:48-2.17 Limitations to program participation
10:48-2.18 Appeal of exclusion of individual from program
