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| Home > Statutes > USA New Jersey |
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USA Statutes : new_jersey
Title : TITLE 30 INSTITUTIONS AND AGENCIES
Chapter : 30:1-2
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30:1-2. Department of human services created as department of institutions and agencies continued and made principal department in executive branch; composition
The Department of Human Services created as the Department of Institutions and Agencies by an act entitled ~An act concerning the charitable, hospital, relief, training, correctional, reformatory and penal institutions, boards and commissions located and conducted in this State, which are supported in whole or in part from county, municipal or State funds,~ approved February 28, 1918 (L.1918, c. 147, p. 343, as amended by L.1919, c. 97, p. 222), and continued and reorganized by P.L.1976, c. 98, is continued and is hereby constituted a principal department in the Executive Branch of the State Government. Such department shall consist of the Commissioner of Human Services, who shall be the head of the department and its principal executive officer, and the State Board of Human Services, with such divisions, bureaus, branches, committees, officers and employees specifically referred to in said act, or as may be constituted or employed by virtue of this Title.
Amended by L.1948, c. 87, p. 496, s. 1; L.1971, c. 384, s. 2, eff. Jan. 5, 1972; L.1981, c. 115, s. 2, eff. April 8, 1981.
30:1-2.1. Reference to state board of control as reference to commissioner of institutions and agencies
Whenever in any law, rule, regulation, contract, document, judicial or administrative proceeding or otherwise, reference is made to the State Board of Control, the same shall mean and refer to the Commissioner of Institutions and Agencies.
L.1971, c. 384, s. 24, eff. Jan. 5, 1972.
30:1-2.2. Continuance of state board of control of institutions and agencies as state board of human services; members; appointment; removal; vacancies; terms; compensation; organization
The State Board of Control of Institutions and Agencies established pursuant to R.S. 30:1-2, continued as the State Board of Institutional Trustees is further continued as the State Board of Human Services. The members of the board in office on the effective date of this act shall continue in office for the duration of the terms of which they were respectively appointed and until the appointment of their successors.
There is hereby created in the Department of Human Services a State Board of Human Services. The State board shall be composed of 12 members, residents of this State, including the Governor or officer administering the State Government, the Commissioner of the Department, and the Commissioner of Health who shall be ex officio members of the State board during their respective terms of office. The members of the State board shall be appointed by the Governor, without regard to political affiliation, subject to confirmation by the Senate, and shall be subject to removal by the Governor at any time for good and sufficient cause.
The members appointed by the Governor pursuant to this act shall be appointed for terms of 4 years. All appointed members shall serve after the expiration of their terms until their respective successors are appointed and shall qualify. Vacancies shall be filled for the unexpired term.
Members of the State board shall receive no compensation for services, but shall be reimbursed for actual expenditures incurred in the performance of their duties.
On and after July 1 of each year the State board shall reorganize by the election from among its appointed members of a chairman and vice chairman. The board may appoint a secretary, with the approval of the commissioner, who shall be an employee of the department and shall serve at the pleasure of the board without additional compensation. The term of office of the chairman and vice chairman shall be until June 30 of the following year or until their successors are elected and qualified.
L.1971, c. 384, s. 20, eff. Jan. 5, 1972. Amended by L.1981, c. 115, s. 3, eff. April 8, 1981.
30:1-2.3. Duties and powers
It shall be the duty of the State Board of Human Services to advance long-range planning and policy for the system of State institutions of medical care, State charitable and relief institutions, training institutions and noninstitutional agencies of the State; establish general policy for the governance of the separate institutions; coordinate the activities of the individual institutions; and maintain general oversight of the State system of institutions. The board shall not administer the department or its individual institutions.
The board shall have power to:
a. Conduct research on institutional needs;
b. Develop with the commissioner and his staff and jointly promulgate and maintain a comprehensive master plan which shall be long-range in nature and be regularly revised and updated, including priorities for the construction of new institutions and the development of new programs;
c. Recommend and advise the commissioner on the establishment of new institutions as required by the master plan, provided that provision is made therefor in the annual or a supplemental or special appropriation act of the Legislature or otherwise;
d. Review and comment upon budget requests from the institutions;
e. Encourage harmonious and cooperative relationships between public and private institutions;
f. Review periodically existing programs of care, training, rehabilitation, research, and public service in the public institutions of this State and other states and as to new developments in the various fields of the department@s responsibility and advise such institutions and the commissioner of desirable change;
g. Consult with and make to the commissioner such recommendations as it deems necessary with regard to services, land, buildings, and equipment to be furnished by the department and its institutions;
h. Exercise visitorial supervision over such institutions under the supervision or control of the department; its visitorial general powers of supervision are hereby defined as visiting such institutions to examine into their manner of conducting their affairs and to advise the commissioner on the observance and enforcement of the laws of the State;
i. Review and make recommendations with respect to budget requests to be submitted by the commissioner;
j. Authorize such studies and require such reports from the commissioner as it may deem necessary from time to time; and
k. Make an annual report to the commissioner and the Governor and such other reports as it may deem proper from time to time or as may be requested by the commissioner.
L.1971, c. 384, s. 21, eff. Jan. 5, 1972. Amended by L.1981, c. 115, s. 4, eff. April 8, 1981.
30:1-2.4 Designation of hospital to admit persons involuntarily committed.
2. a. In order to ensure the safety of patients, employees and the general public as well as appropriate treatment, a criminal defendant, sentenced inmate, person being examined or treated for fitness to proceed pursuant to N.J.S.2C:4-5 and N.J.S.2C:4-6, person acquitted of a criminal charge by reason of insanity pursuant to N.J.S.2C:4-9, or person who is committed pursuant to section 4 of P.L.1994,c.134 (C.30:4-82.4), who is in need of involuntary commitment shall not be admitted to a State psychiatric hospital, unless the Commissioner of Human Services has specifically designated the hospital to admit these persons. The court shall commit these persons to the custody of the Commissioner of Human Services for placement in an appropriate, designated hospital.
b. Within 30 days of the date of enactment of this act, the commissioner shall designate those State psychiatric hospitals which may admit one or more of the persons specified in subsection a. of this section. The designation of a hospital shall be subject to renewal every five years. In the event the commissioner proposes changes either upon renewal of a designation or during the five-year period that would result in a State psychiatric hospital being designated for an additional category of person specified in subsection a. of this section, the commissioner shall provide notice of the proposed change to the legislators of a district in which that State psychiatric facility either borders upon or is contained within.
c. The commissioner shall:
(1) arrange for a public hearing in the vicinity of the affected State psychiatric hospital concerning the proposed change; and
(2) review and consider a summary of all comments made at the public hearing prior to making a final decision regarding the proposed change.
L.1998,c.111,s.2.
30:1-2.5 Notification of availability of earned income tax credit, recipients of certain public assistance.
2. The Commissioner of Human Services shall notify in writing any person over 18 years of age of the availability of the earned income tax credit provided in section 32 of the federal Internal Revenue Code of 1986, 26 U.S.C. s.32, and the New Jersey earned income tax credit provided in section 2 of P.L.2000, c.80 (C.54A:4-7), if the person:
a. received food stamps under the Food Stamp Program authorized by Title XIII of the ~Food and Agriculture Act of 1977,~ Pub. L. 95-113 (7 U.S.C. s.2011 et seq.);
b. received assistance under the ~Work First New Jersey General Public Assistance Act,~ P.L.1947, c.156 (C.44:8-107 et seq.);
c. received assistance from the Work First New Jersey program for dependent children and their parents under P.L.1997, c.38 (C.44:10-55 et seq.);
d. participated in the ~New Jersey Medical Assistance and Health Services Program,~ P.L.1968, c.413 (C.30:4D-1 et seq.);
e. received aid under the Supplemental Security Income Program established pursuant to Title XVI of the federal Social Security Act, 42 U.S.C. s.1381 et seq.; or
f. was a foster parent as defined in P.L.1951, c.138 (C.30:4C-1 et seq.).
The written notification shall use the statement developed by the State Treasurer pursuant to section 4 of P.L.2005, c.210 (C.52:18-11.3) for this purpose. The notification shall be distributed in a manner deemed by the commissioner to be the most practicable and cost effective, but that will ensure personal notification of each person. The commissioner shall take such reasonable actions as may be necessary to avoid the distribution of more than one notice to a person who was the recipient of or participated in two or more of the programs listed in this section. The notification shall be distributed between January 1 and February 15 of each calendar year following the calendar year in which the person was a recipient or participant, or foster parent. If the recipient, participant or foster parent was a married couple, only one notice addressed to either the husband or wife, or both, shall be required.
L.2005,c.210,s.2.
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