S432

An Act concerning certain group homes and supplementing P.L.1977, c.82 (C.30:6D-1 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. As used in this section:

“Assistant commissioner” means the Assistant Commissioner of the Division of Developmental Disabilities in the Department of Human Services.

“Challenging behavior” means a behavior that impairs functioning at home and in the community and that presents a risk of serious harm to self or others, which behaviors may include, but shall not be limited to, self-injury, aggressive or destructive behavior toward others, and property destruction.

"Community-based residential program" or "residential program" means a group home licensed and regulated by the department.

“Department” means the Department of Human Services.

“Division” means the Division of Developmental Disabilities in the Department of Human Services.

“Group home” means a living arrangement that is operated in a residence leased or owned by a licensee; which provides the opportunity for individuals with developmental disabilities to live together in a home, sharing in chores and the overall management of the residence; and in which staff provides supervision, training, or assistance in a variety of forms and intensity as required to assist the individuals as they move toward independence.

“Level 1 group home” means a group home designed for individuals with developmental disabilities who: are eligible for division services; present with periodic challenging or minimal behaviors that cannot be consistently managed in the individual’s primary home environment or in a less-intensive treatment setting; and do not meet the criteria set forth in paragraph (2) of subsection c. of this section for placement in a Level 2 group home.

“Level 2 group home” means a group home designed for individuals with developmental disabilities who: are eligible for division services; present with persistent challenging behaviors that cannot be safely and consistently managed in the individual’s primary home environment or in a less-intensive treatment setting; and meet the criteria set forth in paragraph (2) of subsection c. of this section for placement in a Level 2 group home.

"Licensee" means an individual, partnership, or corporation that is licensed by the department, and is responsible for providing services associated with the operation of a community-based residential program.

“Minimal behavior” means behaviors that interfere with adjustment to home or community participation that pose safety risks, but do not impair functioning at home and in the community, which behaviors may include, but shall not be limited to, self-injurious or destructive behaviors that do not require medical attention, noncompliance, tantrums, outbursts, climbing, darting, and wandering.

b. The assistant commissioner shall develop guidelines for placing individuals with developmental disabilities in Level 1 group homes and Level 2 group homes, as well as guidelines for transferring individuals with developmental disabilities between Level 1 and Level 2 group homes, which shall be based on the clinical and social needs of the individual with a developmental disability, the frequency with which the individual presents with challenging behaviors, and a determination as to whether the placement will present a risk of serious harm to the health or safety of other residents of the group home. To the extent appropriate, the assistant commissioner shall seek to align the guidelines developed pursuant to this subsection with the guidelines for group home placements and transfers for individuals with developmental disabilities developed by the Division of the Children’s System of Care in the Department of Children and Families.

c. (1) At a minimum, the guidelines developed pursuant to subsection b. of this section shall require that, as a condition of placement in a group home the individual with a developmental disability be: 21 years of age or older; a New Jersey resident; eligible for division services; and unable to consistently function independently in significant life domains that may involve, but are not be limited to, self-care, self-direction, and capacity for independent living.

(2) The guidelines developed pursuant to subsection b. of this section shall require placement in a Level 2 group home for an individual who meets the requirements of paragraph (1) of this subsection and who:

(a) is at risk of causing serious harm to self or others, which may be demonstrated by a recent history of causing serious or significant harm to self or others requiring intervention; and

(b) based on clinical information, is determined to require a more intensive level of care than is available in a Level 1 group home.

d. (1) The guidelines developed pursuant to subsection b. of this section for transitioning an individual with a developmental disability from a Level 2 group home to a Level 1 group home shall require that, at a minimum:

(a) the individual’s goals and objectives developed by the individual’s interdisciplinary team, and any other behavioral goals and objectives identified for the individual, have been substantially met;

(b) the individual meets the criteria for placement in a less-intensive treatment setting, which criteria shall be established by the assistant commissioner;

(c) after a period of at least 18 months, the individual’s ability to acquire, retain, improve, and generalize the behavioral, self-help, socialization, and adaptive skills plateaus without the individual presenting a risk of serious harm to self or others; and

(d) support systems are in place that will allow the individual to maintain placement in a less-restrictive treatment setting.

(2) The guidelines developed pursuant to subsection b. of this section for transitioning an individual with a developmental disability from a Level 1 group home to a Level 2 group home shall require that, at a minimum:

(a) the individual has been determined to meet the criteria outlined in paragraph (2) of subsection c. of this section; and

(b) the individual is exhibiting challenging behaviors in the home or community that are consistent with the individual’s disability diagnosis.

(3) Notwithstanding the provisions of paragraph (1) of this subsection, no individual shall be transitioned from a Level 2 group home to a Level 1 group home if the individual continues to require the level of service provided in a Level 2 group home or the services provided in the Level 2 group home continue to be needed to support the reintegration of the individual into a less-restrictive placement.

e. In addition to any other programming and services provided, each Level 2 group home shall provide services designed to support the reintegration of individuals placed in the Level 2 group home into a less-restrictive environment.

2. This act shall take effect immediately.

STATEMENT

This bill requires the Assistant Commissioner for the Division of Developmental Disabilities in the Department of Human Services to establish guidelines for placing individuals with developmental disabilities in Level 1 and Level 2 group homes, as well as guidelines for transferring individuals with developmental disabilities between Level 1 and Level 2 group homes.

Level 1 group homes are group homes for individuals with developmental disabilities who may have some minimal or challenging behavioral issues, but who are generally able to be safely placed with other individuals with developmental disabilities in a less-restrictive setting. Level 2 group homes are group homes designed for individuals with developmental disabilities who present with persistent challenging behaviors that risk serious harm to self or others. Under the bill, Level 2 group homes will be required to provide services designed to support the reintegration of residents into a less-restrictive treatment setting, such as a Level 1 group home.

The bill outlines certain criteria to be included in the guidelines developed by the assistant commissioner, and additionally directs the assistant commissioner, to the extent appropriate, to seek to align the guidelines developed under the bill with existing guidelines for group home placements and transfers for individuals with developmental disabilities that have been developed by the Division of the Children’s System of Care in the Department of Children and Families.

This bill was inspired by Aidan Burke, a young man with developmental disabilities who resides in a group home in New Jersey. Aidan was assaulted by another resident with a history of challenging behaviors. It is the sponsor’s intent to protect Aidan and all group home residents so they can be safe in their own homes.