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30:4-162. Geographic districts; designation of hospitals to receive persons from the districts
The State board shall establish geographic districts within the State, each consisting of one or more of the several counties, and shall designate the State hospital which shall receive persons admitted or committed from the several counties comprising each such district and shall notify the administrative director of the courts and the several county adjusters of the composition of such districts so that patients shall be received in the institution best suited to serve their needs with respect to proximity to their county of residence and availability of facilities in the State mental hospitals.
Amended by L.1952, c. 64, p. 387, s. 2.
30:4-165.1. Provision for comprehensive evaluation, functional and guardianship services; primary and secondary evaluation services
The department shall provide comprehensive evaluation, functional and guardianship services, as hereafter designated, in order that eligible mentally retarded persons may be provided with adequate training, care and protection.
Evaluation services shall include:
(1) primary evaluation services consisting of inpatient and outpatient facilities for the direct evaluation of medical, psychological, social, educational and related factors affecting the functioning of the individual and pertinent to his need for specialized care, training or treatment as a mentally retarded person; and
(2) secondary evaluation services consisting of facilities for the appraisal of such data available from other sources.
L.1965, c. 59, s. 84.
30:4-165.2. Residential and nonresidential functional services
Functional services for the mentally retarded shall include both residential and nonresidential services as follows:
(1) Nonresidential functional services shall include but need not be limited to: evaluation, counseling of family or guardian, of employer, or of retarded person; consultative services to social, educational, or welfare and health agencies and to the courts; day-care programs; and day training programs.
(2) Residential functional services shall include but need not be limited to: evaluation study, treatment, education, training, rehabilitation, care and protection provided in State schools and in other residential facilities operated by the department; family care and sheltered life programs; interim placement in approved residential facilities other than State schools. Such programs may be of short- or long-term duration as required.
L.1965, c. 59, s. 85. Amended by L.1979, c. 207, s. 17, eff. July 1, 1980.
30:4-165.3. Investigation of residency, ability to pay; records maintained by county
86. Whenever any developmentally disabled person is admitted to residential functional services the commissioner or his designated agent shall investigate and take statements concerning residency of the person and the financial ability to pay for the cost of the residential functional services. The department shall determine the financial ability to pay for the cost of care and maintenance and the legal settlement in accordance with applicable provisions of Title 30 of the Revised Statutes and notify the county of settlement, if any, that a person has been admitted.
The county shall maintain a record of any person receiving residential functional services and make the record available for examination by the department. The county shall cooperate fully with the department in the department@s review and investigation of the person or his chargeable relative@s financial ability to pay for the residential functional services provided to the person. A determination of indigency shall be made by the department and retained in the person@s record maintained by the county.
If arrangements are made which are satisfactory to the department for full payment of the cost of care and treatment of the person and if the commissioner or his designated agent is satisfied that the person requires residential functional services and should be admitted then he shall be so admitted.
L.1965,c.59,s.86; amended 1966,c.82,s.2; 1990,c.66,s.2; 1995,c.155,s.24.
30:4-165.4. ~Guardianship services~ defined
~Guardianship services ~ shall mean those services and programs provided by the Division of Mental Retardation for the purpose of implementing its responsibility toward the individuals for whom it is performing the services of guardian of the person.
L. 1965, c. 59, s. 87. Amended by L. 1985, c. 133, s. 1.
30:4-165.5. Application for appointment of guardian
Whenever a minor has been admitted to functional or other services provided by the Division of Mental Retardation on application as provided herein and has not been discharged therefrom, the commissioner shall, not less than six months nor more than 18 months prior to the 18th birthday of said person, cause him to be examined to ascertain whether it appears that such person will need a guardian on attainment of his majority.
If the commissioner anticipates that such person will need a guardian, the commissioner or his designated agent shall apply to the Superior Court in the same manner as provided in section 1 of P.L. 1970, c. 289 (C. 30:4-165.7) for appointment of a guardian unless another application is pending.
In the event that no guardian has been appointed for a person who commences receiving functional or other services after the effective date of this amendatory and supplementary act and who has attained age 18, and if the commissioner has ascertained that such person appears to need a guardian, then the commissioner shall apply to the Superior Court in the same manner as provided in section 1 of P.L. 1970, c. 289 (C. 30:4-165.7) for appointment of a guardian unless another application is pending.
The commissioner shall also promptly advise in plain language any parent, spouse, relative, or other interested person of his findings and of the parent@s or person@s right to participate in the process of an adjudication and to be considered for appointment as a guardian. The commissioner may offer to these persons assistance to facilitate their appointments as guardians unless he has reason to question their fitness to serve.
L. 1965, c. 59, s. 88. Amended by L. 1985, c. 133, s. 2.
30:4-165.6. Mentally retarded minors receiving residential functional services under order of commitment
89. Any mentally retarded person under the age of 18 years who, on the effective date of this act, is receiving residential functional services under order of commitment of any court shall continue to receive residential care as if admitted under Class F of this act, unless within 30 days of the effective date of this act the commissioner shall apply to the Superior Court, Chancery Division, Family Part for an order of commitment to care and custody as provided herein. Persons over the age of 18 for whom a guardian of the person has been appointed and who are receiving residential functional services shall be considered to have been admitted under Class F of this act. Where no guardian has been appointed for a person who is over the age of 18 who is receiving residential functional services on the effective date of this act, the last prior order issued with respect to him shall continue in force and effect for one year following the effective date of this act, unless prior to that time either (1) the mentally retarded person has been discharged or (2) a guardian of his person has been appointed, or (3) application has been made by a court of competent jurisdiction for his admission to care under Class I as provided herein.
Any order for payment of maintenance issued under prior provisions of Title 30 in effect on the effective date of this act shall remain in force and effect.
L.1965,c.59,s.89; amended 1966,c.82,s.3; 1991,c.91,s.321.
30:4-165.7 Filing of complaint for guardianship.
1. The commissioner or any parent, spouse, relative, or interested party, on behalf of an alleged incapacitated person who is receiving functional or other services and is over 18 years of age, may file a complaint upon notice to the alleged incapacitated person with the Superior Court in the county furnishing the services or in which such parent, spouse, relative, or interested party resides, for a judgment designating a guardian. The county of settlement shall be served with a copy of the moving papers, however, the county may waive service of the moving papers if it has no reason to oppose the action. If the county elects to oppose the action it shall do so within 30 days after being served with a copy of the moving papers.
L.1970,c.289,s.1; amended 1976, c.76, s.1; 1985, c.133, s.4; 1995, c.155, s.25; 1997, c.379, s.4.
30:4-165.8 Necessary affidavits; ~significant chronic functional impairment~ defined.
2. The moving papers shall include a verified complaint, an affidavit from a practicing physician or a psychologist licensed pursuant to P.L.1966, c.282 (C.45:14B-1 et seq.), and an affidavit from the chief executive officer, medical director or other officer having administrative control over the program from which the individual is receiving functional or other services provided by the Division of Mental Retardation. The affidavits shall set forth with particularity the facts supporting the affiant@s belief that the alleged incapacitated person suffers from a significant chronic functional impairment to such a degree that the person either lacks the cognitive capacity to make decisions for himself or to communicate, in any way, decisions to others. For the purposes of this section, ~significant chronic functional impairment~ includes, but is not limited to, a lack of comprehension of concepts related to personal care, health care or medical treatment.
L.1970,c.289,s.2; amended 1976, c.76, s.2; 1985, c.133, s.5; 1990, c.50, s.1; 1997, c.379, s.5.
30:4-165.11 ~Incapacitated person~ defined.
5. As used in P.L.1970, c.289 (C.30:4-165.7 et seq.) the term incapacitated person has the same meaning as defined in N.J.S.3B:1-2.
L.1970,c.289,s.5; amended 1976, c.76, s.4; 1985, c.133, s.6; 1997, c.379, s.6.
30:4-165.12. Appointment of guardian
Upon the receipt of a complaint for the appointment of a guardian, the court shall determine the necessity of the appointment. Disposition of the matter shall be in accordance with Title 3B of the New Jersey Statutes and the Rules Governing the Courts of the State of New Jersey. In any case where a guardian is to be appointed, the court shall follow the priorities for choosing a guardian set forth in N.J.S. 3B:12-25.
The court shall give due consideration to the religious preference of the proposed ward. The Commissioner of the Department of Human Services in his official capacity may be appointed guardian in cases under this amendatory and supplementary act, except that the commissioner shall only serve as guardian of the person.
L. 1985, c. 133, s. 7.
30:4-165.13 Review of prior guardianships.
8. The commissioner shall review the case of every person who received guardianship services without prior judicial review before the effective date of P.L.1985, c.133 (C.30:4-165.4 et al.). If the need for a guardian appears to continue, the commissioner shall apply to the Superior Court upon notice to the alleged incapacitated person for the appointment of a guardian of the person in the same manner as provided in section 1 of P.L.1970, c.289 (C.30:4-165.7), unless another application is pending. If, as a result of the commissioner@s review, it appears that the person is no longer in need of a guardian, the provision of guardianship services shall be discontinued, and this disposition shall be documented in the records of the Division of Developmental Disabilities. For those persons who received guardianship services without prior judicial review before the effective date of P.L.1985, c.133 (C.30:4-165.4 et al.), the division shall continue to provide these services until final disposition resulting from the commissioner@s review, either through a court determination regarding the commissioner@s application for appointment of a guardian or an administrative termination of guardianship services; and this interim provision of services shall be equivalent to exercising the same responsibility and authority as a guardian of the person, in accordance with the provisions of section 1 of P.L.1985, c.133 (C.30:4-165.4).
Upon the receipt of a complaint for the appointment of a guardian, the court shall appoint an attorney where the alleged incapacitated person is not represented by an attorney. The attorney, after conducting an investigation into the matter, which shall include an interview with the alleged incapacitated person, an interview with the proposed guardian, and, if there is cause to question the alleged incapacitated person@s level of functioning and need for a guardian, the report of an independent expert professionally qualified to render an opinion on issues pertaining to incapacity, shall advise the court by way of a report in affidavit form whether there is cause to dispute either the contention of the commissioner that the appointment of a guardian is necessary or the commissioner@s recommendation as to whom that guardian should be. If the alleged incapacitated person expresses an opinion on the subject, the attorney shall advise the court of that opinion. The facts contained in the report of the attorney shall be sworn to or verified in a manner as prescribed by the court.
If, after reviewing the report of the attorney, there appears to be no difference between the position of the commissioner and the findings of the attorney, the court may proceed in a summary fashion to appoint a guardian. A plenary hearing shall be held if requested by the alleged incapacitated person, his attorney, or anyone acting on his behalf.
L.1985,c.133,s.8; amended 1990, c.50, s.2; 1995, c.324, s.1; 1997, c.379, s.7.
30:4-165.13a. Annual report to the Legislature
6. The Commissioner of Human Services, in consultation with the Public Defender, shall report to the Governor and the Legislature annually on: the number of cases reviewed by the commissioner pursuant to section 8 of P.L.1985, c.133 (C.30:4-165.13); the disposition of these cases, including the number of cases referred to the Attorney General; the number of cases remaining to be reviewed; the number of cases in which the Public Defender was appointed to serve as counsel; and the disposition of these cases. The commissioner shall include in the report any recommendations for administrative or legislative action that he deems necessary in order to ensure that all cases are reviewed as required pursuant to section 8 of P.L.1985, c.133 (C.30:4-165.13).
L.1990,c.50,s.6; amended 1994,c.58,s.35.
30:4-165.14. Public Defender as counsel
9. The court shall appoint the Public Defender to serve as counsel for persons who do not have an attorney and over whom guardianship is sought pursuant to P.L.1985, c.133 (C.30:4-165.4 et al.) if the petition seeks only guardianship of the person, to the extent that funds are available for this purpose. If the Public Defender is unable to perform this service, the court shall appoint an attorney licensed by the State of New Jersey and in good standing. No attorney@s fee is payable for the rendering of this service by the private attorney.
L.1985,c.133,s.9; amended 1990,c.50,s.3; 1994,c.58,s.36.
30:4-165.15. Modification, termination, review
10. a. Whenever the commissioner believes that guardianship is no longer required or that another person should be appointed to serve as guardian, he shall apply to the Superior Court for an order modifying or terminating the letters of guardianship. Where someone other than the commissioner is serving as guardian, notice shall be provided to that person.
b. At least once every three years, the commissioner shall review the case of each person who receives functional or other services and who has a guardian.
c. The Public Defender, the incompetent person, or someone acting in his behalf may institute a similar action for judicial review at any time.
d. In cases where the commissioner serves as guardian, the Public Defender shall be given notice of any actions taken pursuant to subsection a. or b. of this section. The Public Defender shall be given an opportunity to meet the person subject to review and inspect the commissioner@s records.
L.1985,c.133,s.10; amended 1994,c.58,s.49.
30:4-165.16. Rules
The commissioner shall adopt pursuant to the ~Administrative Procedure Act,~ P.L. 1968, c. 410 (C. 52:14B-1 et seq.) such rules as are necessary to effectuate the purposes of this amendatory and supplementary act.
L. 1985, c. 133, s. 11.
30:4-177.1. Arthur Brisbane Child Treatment Center; location
There is hereby established and created, within the jurisdiction of the State Board of Control of Institutions and Agencies, an institution to be known as the Arthur Brisbane Child Treatment Center and which shall be housed and contained in and upon the lands and premises comprising a portion of the estate of the late Arthur Brisbane at Allaire, New Jersey, which said lands and premises were accepted as a gift by the State of New Jersey by the provisions of Joint Resolution No. 9 of the Sessions Laws of one thousand nine hundred and forty-five.
L.1947, c. 252, p. 927, s. 1.
30:4-177.2. Equipment and maintenance for treatment of children with nervous disorders
The State Board is authorized and empowered to equip and maintain the Center in an appropriate manner for the admission and commitment of minor children who are seriously maladjusted or have nervous or mental disorders requiring observation, care and treatment.
L.1947, c. 252, p. 928, s. 2.
30:4-177.3. Voluntary admissions; application
Voluntary admissions of minor children, with or without psychosis, shall be upon application of the parents or guardian of the said minor child and upon the certificate of two reputable physicians indicating that such child is seriously maladjusted or suffering from nervous or mental disorders requiring observation, care and treatment.
L.1947, c. 252, p. 928, s. 3.
30:4-177.4. Commitment from court
In the event that a parent or guardian shall fail, neglect or refuse to co-operate in the voluntary admission of any such minor child then such minor child shall be received in the Center on commitment from a court of competent jurisdiction upon application of the Commissioner of the Department of Institutions and Agencies upon the certificate of two reputable physicians indicating that such child is seriously maladjusted or suffering from a mental or nervous disorder which requires observation, care and treatment.
L.1947, c. 252, p. 928, s. 4.
30:4-177.5. Admission in same manner as other patients are admitted to mental hospitals
Any minor child suffering from psychosis shall be admitted or committed to the Center in exactly the same manner as other patients are admitted or committed to the several mental hospitals under the jurisdiction of the State Board of Control of Institutions and Agencies.
L.1947, c. 252, p. 928, s. 5.
30:4-177.6. Treatment; release or transfer
Any such minor child admitted or committed to the Center shall be received, observed, maintained, cared for and treated in accordance with its requirements and in exactly the same manner as other patients admitted or committed to the several charitable institutions coming within the jurisdiction of the State Board of Control of Institutions and Agencies and shall be conditionally released, transferred or discharged therefrom in accordance with the provisions of Title 30 of the Revised Statutes.
L.1947, c. 252, p. 928, s. 6.
30:4-177.7. Transfers; forms for admission or commitment
Any minor child who has been admitted or committed to any institution coming within the jurisdiction of the State Board of Control may be transferred to or from the Center upon order of the commissioner in the manner provided for in chapter four of Title 30 of the Revised Statutes, when the commissioner is satisfied that the welfare and best interests of such child shall be served by such transfer. All minor children shall be admitted or committed to the Center on forms prescribed and furnished by the Department of Institutions and Agencies.
L.1947, c. 252, p. 929, s. 7.
30:4-177.8. Board of managers; superintendent
The Center shall be under the jurisdiction of a separate board of managers and a superintendent to be appointed in the manner provided for in section 30:4-1, et seq. of the Revised Statutes, and shall have the same powers and duties as prescribed in Title 30 of the Revised Statutes.
L.1947, c. 252, p. 929, s. 8.
30:4-177.9. Laws governing at Center
Except as otherwise provided for herein, all of the provisions of Title 30 of the Revised Statutes, relating to the admission, commitment, treatment and disposition of patients received in the several charitable hospitals of the State of New Jersey shall apply to and govern the administration of the affairs of the Center and the observation, care and treatment of minor children admitted or committed thereto.
L.1947, c. 252, p. 929, s. 9.
30:4-177.10. Children under care of Board of Children@s Guardians, admission of
Whenever he shall deem it necessary and proper in the interest of such child, the Commissioner of Institutions and Agencies, on petition of the Board of Children@s Guardians, may authorize the admission to this Center, of any child under the care, custody and control of the Board of Children@s Guardians.
L.1947, c. 252, p. 929, s. 10.
30:4-177.11. Effective date
This act shall take effect July first, one thousand nine hundred and forty-seven.
L.1947, c. 252, p. 929, s. 11.
30:4-177.12. Establishment of institution
There is hereby created and established within the Department of Human Services an institution or facility to be known as the North Princeton Developmental Center which shall include all the existing lands and buildings owned by the State of New Jersey and comprising the present Village for Epileptics at Skillman, wherein patients and employees may be maintained, kept, housed and employed and such other buildings and premises as may be provided or hereafter acquired to carry into effect the purposes hereof.
L.1953, c. 122, p. 1307, s. 1. Amended by L.1983, c. 231, s. 2, eff. June 29, 1983.
30:4-177.13. Declaration of public policy
It is declared to be the public policy of this State to provide the means and facilities for the study of the causes and to contribute to the knowledge of the control, prevention and the cure of neuropsychiatric disorders which have proven so inimical to the health and welfare of the citizens of the State and which, if uncontrolled, constitute a menace to the individual afflicted thereby or to society in general.
L.1953, c. 122, p. 1307, s. 2.
30:4-177.14. Persons admitted and treated
The institute shall admit, retain and provide care and treatment for individuals suffering from diseases and disfunctions of the brain and nervous system, including acute alcoholics, drug addicts, cerebral palsy cases and juvenile psychotics, and who require hospital care, and without which their health and welfare and that of others in the community will be jeopardized, subject to availability of facilities for hospitalization and treatment thereof.
L.1953, c. 122, p. 1307, s. 3.
30:4-177.15. Manner of admission
Patients may be admitted to the institute in the following manner:
a. By transfer from other institutions under the jurisdiction of the Department of Institutions and Agencies by order of transfer signed by the commissioner thereof;
b. On application of the next of kin by blood or marriage of any adult, and by the parent, guardian or person standing in loco parentis of any minor, whose admission is sought, in the manner provided for herein;
c. By voluntary application to be approved by the superintendent.
L.1953, c. 122, p. 1308, s. 4.
30:4-177.16. Application for admission other than by transfer or voluntary request
Application for the admission of any individual to the institute, other than by transfer or voluntary request, shall be upon forms prescribed by the Commissioner of Institutions and Agencies and upon certification of two physicians that the person suffers from a disease or disfunction of the brain or nervous system, requires hospital care, and that unless such care is provided the health and welfare of the individual or that of others in society will be jeopardized.
Upon the making of such an application for the admission of an individual to the institute, the further procedure with respect thereto shall be exactly the same as that provided by law for the commitment of any person to a mental hospital except that instead of an order of commitment the judicial officer shall enter an order authorizing admission of the person, which shall contain a determination of legal settlement, indigency and rate of payment of maintenance and the individual or governmental agency chargeable with the payment thereof.
L.1953, c. 122, p. 1308, s. 5.
30:4-177.17. Application for voluntary admission
Application for voluntary admission shall be made upon forms prescribed by the Commissioner of Institutions and Agencies, with the approval of the superintendent and in exactly the same manner with regard to legal settlement, indigency and rate of payment of maintenance as is provided in Revised Statutes 30:4-46, 30:4-47 and 30:4-48.
L.1953, c. 122, p. 1308, s. 6.
30:4-177.18. Management, operation and administration
Except as otherwise provided for herein, the management, operation and administration of the institute and the disposition and release of all persons admitted thereto, shall be in conformity with the provisions of Title 30, Revised Statutes. The board of managers now functioning for the Village for Epileptics at Skillman shall serve as the board of managers for the Neuropsychiatric Institute until their terms expire and their successors shall be appointed as provided by law.
L.1953, c. 122, p. 1309, s. 7.
30:4-177.19. Equipment; staff
The institute shall be fully provided with all modern scientific equipment and a staff of competent specialists in the field of medicine, psychiatry, neuropsychiatry and related sciences, so that complete facilities shall be available to study the causes of neuropsychiatric disorders, including epilepsy, and to contribute to the knowledge of the control and prevention thereof.
L.1953, c. 122, p. 1309, s. 8.
30:4-177.19a. Neuro-Psychiatric Institute; construction; transfer of funds
There is hereby transferred from the Department of Institutions and Agencies to Rutgers, The State University, for the construction of a new Neuro-Psychiatric Institute on lands owned by Rutgers, the unexpended balance of the funds which were appropriated to the department for such purpose pursuant to chapter 224 of the laws of 1964.
L.1967, c. 32, s. 1, eff. April 26, 1967.
30:4-177.19b. Contract with Rutgers for administration, management and supervision of operation
The Department of Institutions and Agencies is authorized to contract with Rutgers for the administration, management and supervision by Rutgers of the operation of the whole or any part of the new Institute and of its activities and services.
L.1967, c. 32, s. 2, eff. April 26, 1967.
30:4-177.19c. Powers and duties
All powers and duties conferred upon the department pursuant to this act shall be exercised and performed by resolution of the Board of Control of the department.
L.1967, c. 32, s. 3, eff. April 26, 1967.
30:4-177.19d. Agreements authorized by resolution of board of control
All agreements made and entered into pursuant to this act, when authorized pursuant to resolution of the Board of Control, shall be made, executed and delivered in the name of the Department of Institutions and Agencies and shall be signed by the commissioner and sealed with the seal of the department.
L.1967, c. 32, s. 4, eff. April 26, 1967.
30:4-177.19e. Agreements subject to approval of state house commission
Any agreement entered into between the department and Rutgers shall be subject to the approval of the State House Commission.
L.1967, c. 32, s. 5, eff. April 26, 1967.
30:4-177.20. Establishment of center
There is hereby created and established within the Department of Institutions and Agencies a research and training center for conducting research in the field of mental deficiency, for training instructors in the care, treatment and training of mentally-retarded persons in other institutions, for the rapid treatment of such persons so as to permit their return to the community in a constructive capacity, and to serve as a resource for training teachers, in co-operation with the Department of Education, in the education and training of such persons in the public schools.
L.1955, c. 208, p. 817, s. 1.
30:4-177.21. Admission of patients; nonresidents
The research and training center shall admit and provide care and treatment for such patients as the Commissioner of the Department of Institutions and Agencies may deem to be in accord with the objects and purposes of this act, including a limited number of nonresident patients of special types for research and training purposes.
L.1955, c. 208, p. 817, s. 2.
30:4-177.22. Equipment and staff
The research and training center shall be fully equipped with all modern scientific equipment and shall be provided with a staff of competent specialists in the fields of the physical and social sciences, to the end that full and complete research, training and treatment services will be provided. The research and training center shall be so administered as to promote research and development in the care, treatment, training and prevention of mental disabilities, and to serve as a resource to the Department of Education in the training of persons qualified to teach mentally retarded children.
L.1955, c. 208, p. 817, s. 3.
30:4-177.23. Management, direction and control
The management, direction and control of the research and training center shall be vested in the Commissioner of the Department of Institutions and Agencies. No board of managers shall be appointed for the center, and the commissioner shall perform those duties and functions which would otherwise be performed by such board.
L.1955, c. 208, p. 818, s. 4.
30:4-177.24. Supervision; appointment of specialists
The research and training center shall be under the direct supervision of the superintendent, who shall be appointed, with the approval of the State Board of Control, by the commissioner and who shall serve at the will of the commissioner. Such further specialists in the fields of the physical and social sciences shall be appointed to the staff, together with such other assistants as shall appear necessary, subject to the provisions of Title 11 of the Revised Statutes.
L.1955, c. 208, p. 818, s. 5.
30:4-177.25. Management, operation and administration in conformity with this Title
Except as otherwise provided for herein, the management, operation and administration of the center and the disposition and release of all persons admitted thereto shall be in conformity with the provisions of Title 30 of the Revised Statutes.
L.1955, c. 208, p. 818, s. 6.
30:4-177.26. Segregation of patients
There may be such segregations of all persons admitted to the center based upon treatment, chronological or mental age, sex, and nature of their physical and mental condition as the superintendent may deem advisable.
L.1955, c. 208, p. 818, s. 7.
30:4-177.27. Methods of admission
Patients may be admitted to the center (a) by transfer from other institutions under the jurisdiction of the Department of Institutions and Agencies on order of transfer signed by the commissioner thereof, or (b) upon the approval by the commissioner of an application of the next of kin by blood or marriage or the parent, guardian or person standing in loco parentis of any mentally-deficient person whose admission is sought. Such application shall be upon forms prescribed by the commissioner and accompanied by proper certifications of 2 physicians that the person is mentally deficient. The person making such application shall consent to receive the patient upon his discharge by the center.
L.1955, c. 208, p. 818, s. 8.
30:4-177.28. Discharge or transfer of patients
The superintendent, with the approval of the commissioner, may discharge those patients who have received sufficient training as to be able to adjust satisfactorily to a free or sheltered release. The superintendent, with the consent of the commissioner, may transfer to other State institutions those patients who, after a reasonable time, are unable to be trained sufficiently to warrant discharge.
L.1955, c. 208, p. 819, s. 9.
30:4-177.29. Transfer of lands, buildings and property
The Board of Control of Institutions and Agencies may, with the approval of the State House Commission, by agreement with any other Department of the State Government, provide for the transfer and conveyance of any lands, buildings, property and equipment of such department which said department and the State House Commission shall determine to be no longer used or useful for the purposes of said department and which the Board of Control of Institutions and Agencies may determine to be useful to carry out the purposes of this act and when the same have been so transferred, the same may be used for the research and training center provided to be established by this act or in conjunction therewith thereafter.
L.1955, c. 208, p. 819, s. 10.
30:4-177.30. Appropriation
There is hereby appropriated the sum of $1,500,000.00 to the Department of Institutions and Agencies to carry out the purposes of this act.
L.1955, c. 208, p. 819, s. 11.
30:4-177.31. Public policy
It is hereby declared to be the public policy of this State to adopt and use every practical program, technique and procedure in order to establish in New Jersey the most effective methods for the prevention and treatment of juvenile delinquency without institutional confinement under court commitment procedures wherever possible.
L.1957, c. 90, p. 176, s. 1.
30:4-177.32. Establishment, equipment and maintenance
2. The Department of Human Services therefore is authorized to establish, equip and maintain facilities in various parts of the State for receiving and treating juvenile delinquent probationers under circumstances where the Superior Court, Chancery Division, Family Part has directed, as a condition of probation of such offender that he voluntarily submit to treatment and supervision, for a period not to exceed four months, in a facility under direction, control and supervision of said department.
L.1957,c.90,s.2; amended 1991,c.91,s.322.
30:4-177.33. Establishment; areas; programs and procedures
The department shall establish such facilities in such areas of the State as are best calculated to carry out the purposes of this act and shall maintain therein preventive treatment programs, guided group interaction, and such other procedures as are deemed most adequate to deal with youthful offenders in an effort to prevent further delinquency.
L.1957, c. 90, p. 177, s. 3.
30:4-177.34. Management, operation and administration in conformity with this title; rules and regulations
Except as otherwise provided for herein, the management, operation and administration of such facilities shall be in conformity with the provisions of Title 30, Revised Statutes, and the State Board of Control of Institutions and Agencies shall promulgate such reasonable rules and regulations as shall be necessary to effectuate the purposes of this act.
L.1957, c. 90, p. 177, s. 4.
30:4-177.35. Management, direction and control
The management, direction and control of such facilities shall be vested in the Commissioner of the Department of Institutions and Agencies. No board of managers shall be appointed and the commissioner shall perform those duties and functions which would otherwise be performed by such board.
L.1957, c. 90, p. 177, s. 5.
30:4-177.36. Appropriation
There is hereby appropriated from the general funds of the State in the State Treasury, the sum of $150,000.00 to the Department of Institutions and Agencies for the purpose of carrying out the provisions of this act.
L.1957, c. 90, p. 177, s. 6.
30:4-177.37. Establishment
The Department of Institutions and Agencies shall establish three correctional centers for juvenile offenders and provide for the operation of said centers in three separate counties by the department or through contacts with other agencies of government or private agencies.
L.1970, c. 329, s. 1, eff. Dec. 29, 1970.
30:4-177.38. Programs
The community correctional centers for juvenile offenders shall include but not be limited to providing educational and counseling programs for juvenile offenders assigned to its care.
L.1970, c. 329, s. 2, eff. Dec. 29, 1970.
30:4-177.39. Findings, declarations
1. The Legislature finds and declares that:
a. There exists a population of two groups of clients of the Division of Mental Health Services and Division of Developmental Disabilities in the Department of Human Services who are underserved in their current institutional settings.
b. One group of these individuals is comprised of clients in the State psychiatric hospitals or developmental centers who are developmentally disabled and who exhibit psychiatric or behavioral problems and are known as ~dually diagnosed~ clients. The severity of their conditions precludes effective treatment in either developmental centers or State psychiatric hospitals. For these clients, a more intensive, specialized, behaviorally oriented program is required.
c. The other group of these individuals includes clients of institutions administered by the Division of Mental Health Services who are developmentally disabled, have been administratively or judicially discharged from the Division of Mental Health Services, and who are in need of the services of the Division of Developmental Disabilities. These clients are known as ~discharged pending placement~ clients.
d. There exists on the grounds of Ancora Psychiatric Hospital as a pilot program a facility designed to serve the special needs of both the dually diagnosed and discharged pending placement populations that is unfunded for continued operation.
L.1987,c.32,s.1; amended 1995,c.4,s.4.
30:4-177.40. Development Center at Ancora
2. The Developmental Center at Ancora is established within the Division of Developmental Disabilities in the Department of Human Services and shall include the pilot program designed to serve the special needs of both the dually diagnosed and discharged pending placement populations. The Developmental Center at Ancora shall accept for treatment only those individuals transferred from State facilities under the supervision of the Division of Mental Health Services and the Division of Developmental Disabilities in the Department of Human Services.
Nothing in this amendatory and supplementary act shall be construed to require placement at the Developmental Center at Ancora of those persons discharged pending placement who are not in need of institutional care and who have been judicially or administratively determined appropriate for community placement.
For those persons for whom institutional placement is initially determined to be judicially or administratively appropriate, the Developmental Center at Ancora shall nevertheless provide discharge-oriented treatment to achieve the goal of ultimate discharge into community settings as soon as their conditions permit.
L.1987,c.32,s.2; amended 1995,c.4,s.5.
30:4-177.41. Community placement
Since community placement is the ultimate objective for the persons placed at the center, the Division of Developmental Disabilities shall establish a funding priority within the funds appropriated to the division for community services, for the establishment of appropriate community placements for persons discharged from the developmental center.
L. 1987, c. 32, s. 3.
30:4-177.42 Report, evaluation.
4. Two years from the date of enactment of this amendatory and supplementary act, the Division of Developmental Disabilities shall prepare and submit to the Governor and the Legislature a report and evaluation of the operation of the Developmental Center at Ancora.
L.1987,c.32,s.4.
30:4-177.43. Short title
1. This act shall be known and may be cited as the ~Family Support for Persons with a Serious Mental Illness Act.~
L.1995,c.314,s.1.
30:4-177.44. Findings, declarations
2. The Legislature finds and declares that:
a. It is in the best interest of the State to preserve, strengthen and maintain families who have a family member with a serious mental illness living at home, and these persons, regardless of their disability, have the right to belong to a family unit in which enduring relationships can be fostered.
b. Families are the major providers of support, care, and other services for their family member with a serious mental illness living at home. Consequently, families are continually searching for ways to support family members with a serious mental illness in their homes in order to prevent placement in a State or private institution, homelessness or inappropriate incarceration.
c. Many families who have a family member with a serious mental illness experience exceptionally high financial outlays and extraordinary physical and emotional challenges, isolation, stigmatization and daily stress. Supporting families in their effort to care for their family member with a serious mental illness at home is efficient, cost-effective and humane; failure to provide needed supports can result in placement of the family member in a costly, inadequate or inappropriate setting.
d. To be effective, family supports must support the entire family, must be easily accessible, flexible, comprehensive, continuous, culturally sensitive and individualized. They must be designed to promote interdependence, independence, productivity and integration of people with a serious mental illness into the community. Family supports must also be built on existing social networks and naturally occurring supports, including extended families, neighbors and community associations.
e. A Statewide family support policy for persons with a serious mental illness must acknowledge that families themselves are able to define their own needs and select their own services; these family supports must be chosen by families, controlled by families and monitored by families.
f. Adults with a serious mental illness should be afforded the opportunity to make decisions for themselves, live in typical homes and communities and exercise their full rights as citizens. When families serve as the primary provider of care for a family member with a serious mental illness, the families should be provided the supports they need to sustain that family member with dignity in a community setting.
L.1995,c.314,s.2.
30:4-177.45 Definitions relative to family support services for persons with a serious mental illness.
3. For the purposes of this act:
~Commissioner~ means the Commissioner of Human Services.
~Department~ means the Department of Human Services.
~Division~ means the Division of Mental Health Services in the Department of Human Services.
~Family~ means persons related to the family member with a serious mental illness by blood, marriage, adoption, guardianship, resource family care or other significant care giving relationship.
~Family member with a serious mental illness~ means a person who has a history, or is at serious risk, of hospitalization in a State, county or private psychiatric institution.
~Family support services~ means a coordinated system of on-going public and private support services which are designed to maintain and enhance the quality of life of a family.
~Family unit~ means the family member with a serious mental illness and his family.
~Program~ means the program of family support services established pursuant to this act.
L.1995,c.314,s.3; amended 2004, c.130, s.46.
30:4-177.46. Program of family support services established
4. There is established in the Division of Mental Health Services of the Department of Human Services a program of family support services designed to strengthen and promote families who provide care in the community for a family member with a serious mental illness.
Family support services shall vary in scope and intensity based upon the needs of a particular family unit and shall include, but not be limited to the following: service coordination, estate and transition planning, housing assistance, homemaker assistance, accessing vocational and employment services, after-school care, transportation, respite care, family education and training, medication education, and self-advocacy training, including entitlement training.
A family is eligible to participate in the program if the family resides in the State and is actively involved in caring for, or supporting, a family member with a serious mental illness.
No provision of this act shall be construed as requiring the department to expend funds in excess of those appropriated pursuant to this act.
L.1995,c.314,s.4.
30:4-177.47. Monitoring, administering the program; State Family Support Services Plan
5. a. The division shall monitor the program and shall designate a Statewide family advocacy organization to administer the program through a coordinator who shall be a full-time employee of that organization working under its direction. The coordinator shall be qualified by training and experience to perform the duties of this position.
b. The coordinator shall, in conjunction with the three regional family working groups and the Statewide family working group established pursuant to section 6 of this act, adopt, review and revise, as needed, a State Family Support Services Plan for Families of Persons with a Serious Mental Illness. The plan shall:
(1) assess needs, establish goals and set priorities for the provision of family support services;
(2) provide for outreach and coordinated delivery of support services; and
(3) identify and obtain additional funding for the program to supplement funds appropriated pursuant to and available for the purposes of this act.
c. The coordinator shall coordinate efforts by public and private agencies and local family advocacy groups. Coordination shall include, but not be limited to, the identification of services provided by different agencies to avoid duplication; planning with all agencies to ensure that gaps in services are filled; and the coordination of activities for receiving and adopting input from local family advocacy groups.
L.1995,c.314,s.5.
30:4-177.48. Family working groups established
6. a. There are established three regional family working groups which shall consist of representatives from each county within a region. The division shall establish the regions. The regional family working groups shall assess regional needs for family support services and make recommendations to the Statewide family working group. Members shall be designated by the coordinator in conjunction with the Statewide family advocacy organization. Members shall serve without compensation and shall include a family member of a person with a serious mental illness, a person with a serious mental illness or other representative of a group interested in advocating for persons with serious mental illness and their families.
b. There is established a Statewide family working group which shall consist of three members from each of the regional family working groups in the State. Members shall be designated by the respective regional family working groups and shall serve without compensation. The Statewide family working group members shall monitor the support services from their respective regions and provide recommendations to the coordinator regarding family support services.
L.1995,c.314,s.6.
30:4-177.49. Duties of coordinator
7. The coordinator, in conjunction with the Statewide family advocacy organization and local family advocacy groups, shall work to expand and establish family support services throughout the State. The coordinator shall, at least annually, report in writing to the Statewide family advocacy organization and the division on the efforts of the regional family working groups to effectuate the purposes of this act.
L.1995,c.314,s.7.
30:4-177.50. Allocation of monies
8. a. No more than 10% of the monies appropriated pursuant to this act shall be allocated for administrative purposes.
b. The division and any agency funded by the division to provide family support services shall assist families in obtaining all other sources of funding before using funds appropriated pursuant to and available for the purposes of this act.
c. The services provided pursuant to this act shall not supplant any existing rights, entitlements or services for which the family or family member with a serious mental illness may be eligible.
L.1995,c.314,s.8.
30:4-177.51. Family support services considered State benefit
9. Notwithstanding the provisions of any law to the contrary, the family support services provided pursuant to this act shall be considered a State benefit and shall not be counted as income for the purposes of State taxation or eligibility for other State benefits.
L.1995,c.314,s.9.
30:4-177.52. Rules, regulations
10. The commissioner shall, pursuant to the ~Administrative Procedure Act,~ P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations necessary to effectuate the purposes of this act.
L.1995,c.314,s.10.
30:4-177.53 Short title
1. This act shall be known and may be cited as the ~Community Mental Health and Developmental Disability Services Investment Act.~
L.1997,c.258,s.1.
30:4-177.54 Findings, declarations relative to funding for community mental health, developmental disability services
2. The Legislature finds and declares that:
a. It is desirable for persons with serious mental illness, including children and adolescents with serious emotional disturbances, as well as persons with developmental disabilities, to receive treatment in their home community;
b. The availability of a range of community-based services will enable many persons who might otherwise require continued institutionalization to return to the community and allow the State to reduce its longstanding reliance on State inpatient care for adults with serious mental illness, and children and adolescents with serious emotional disturbances, as well as persons with developmental disabilities. As more services are provided at the local level, there is a compelling State interest in assuring that these services are coordinated and that resources are provided throughout the State; and
c. As expenditures for State inpatient resources are reduced, additional funding should be invested in community-based mental health services for persons with serious mental illness, including children and adolescents with serious emotional disturbances, as well as community-based services for persons with developmental disabilities.
L.1997,c.258,s.2.
30:4-177.55 Definitions relative to funding for community mental health, developmental disability services
3. As used in this act:
~Children and adolescents with serious emotional disturbances~ means individuals under 18 years of age who meet criteria established by the commissioner, which shall include children and adolescents who are in psychiatric crisis, or children and adolescents who have a designated diagnosis of mental illness under the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders and whose severity and duration of mental illness result in substantial functional disability.
~Commissioner~ means the Commissioner of Human Services.
~Community mental health and developmental disability services~ means the following services for persons with serious mental illness, or for persons with developmental disabilities, as appropriate;
a. emergency and crisis services provided in programs licensed or approved by the commissioner;
b. case management services;
c. outpatient services which provide an adequate level of treatment and rehabilitation to persons with serious mental illness;
d. residential services, other than inpatient services, provided in programs licensed or approved by the commissioner and in long-term health care facilities licensed by the Department of Health and Senior Services, including, but not limited to, assisted living residences, comprehensive personal care homes and residential health care facilities;
e. psychiatric rehabilitation services, including, but not limited to, supported employment, supported living, psychosocial clubhouse and other partial care modalities;
f. other community support services, including, but not limited to, consumer advocacy, consumer operated self-help activities, drop-in centers, and family education and support services;
g. services which are directed toward the alleviation of a developmental disability or mental illness, or toward the social, personal, physical or economic habilitation or rehabilitation of a person with a developmental disability or mental illness, and provided by an agency or program approved by the commissioner; and
h. other services as approved by the commissioner.
~Department~ means the Department of Human Services.
~Developmental disability~ means a developmental disability as defined in the ~Developmentally Disabled Rights Act,~ P.L.1977, c.82 (C.30:6D-1 et seq.).
~Facility~ means a State psychiatric hospital or developmental center operated by the department.
~Persons with serious mental illness~ means individuals who meet criteria established by the commissioner, which shall include persons who are in psychiatric crisis, or persons who have a designated diagnosis of mental illness under the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders and whose severity and duration of mental illness result in substantial functional disability. Persons with serious mental illness shall include children and adolescents with serious emotional disturbances.
L.1997,c.258,s.3.
30:4-177.56 Powers of commissioner
4. a. The commissioner shall take such actions as are necessary to ensure that as a mental health facility closes that all funds be redirected to services in the community thereby increasing the State@s financial support to community mental health services for its citizens , except for money already earmarked for institutional use through the Marlboro Redirection Plan.
b. The commissioner shall ensure that when individuals with a developmental disability move into the community from a developmental center affected by a significant service reduction, funding utilized for the individual in the developmental center shall be used to fund the individual@s community placement.
c. Any funding from the developmental center placement not needed to fully fund the community placement for that individual shall be directed toward the reduction of the waiting list for services in the Division of Developmental Disabilities in the department.
L.1997,c.258,s.4.
30:4-177.57 Use of certain monies received by State
5. All monies received by the State from the sale of facility property shall be earmarked exclusively for capital and equipment costs associated with the development of community placement for persons with serious mental illness or developmental disabilities, according to criteria to be established by the commissioner.
L.1997,c.258,s.5.
30:4-177.58 Rules, regulations
6. The commissioner, pursuant to the ~Administrative Procedure Act,~ P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act.
L.1997,c.258,s.6.
30:4-177.59 Rules, regulations relative to psychiatric facilities operated by DHS.
17. In accordance with the ~Administrative Procedure Act,~ P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Human Services, in consultation with the Commissioner of Health and Senior Services, shall:
a. adopt rules and regulations, with respect to psychiatric facilities operated by the Department of Human Services, to:
(1) provide for the annual reporting by those psychiatric facilities to the Department of Human Services, and the gathering of such additional data, and the sharing of such reported information and additional data by the Department of Human Services with the Department of Health and Senior Services, as is reasonably necessary to oversee and evaluate the implementation of P.L.2005, c.233 (C.26:2H-102 et al.); except that the commissioner shall seek to minimize the burdens of record-keeping imposed by the rules and regulations and ensure the appropriate confidentiality of patient records; and
(2) require those psychiatric facilities to adopt policies and practices designed to:
(a) make routine inquiry, at the time of admission and at such other times as are appropriate under the circumstances, concerning the existence and location of an advance directive for mental health care;
(b) provide appropriate informational materials concerning advance directives for mental health care, including information about the registry of advance directives for mental health care established or designated pursuant to subsection b. of this section, to all interested patients and their families and mental health care representatives, and to assist patients interested in discussing and executing an advance directive for mental health care, as well as to encourage declarants to periodically review their advance directives for mental health care as needed;
(c) inform mental health care professionals of their rights and responsibilities under P.L.2005, 233 (C.26:2H-102 et al.), to assure that the rights and responsibilities are understood, and to provide a forum for discussion and consultation regarding the requirements of P.L.2005, c.233 (C.26:2H-102 et al.); and
(d) otherwise comply with the provisions of P.L.2005, c.233 (C.26:2H-102 et al.).
b. adopt rules and regulations to establish or designate a registry of advance directives for mental health care, which rules and regulations include procedures for accessing the registry
L.2005,c.233,s.17.
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