A1710 ACS

An Act concerning community residences for persons with traumatic brain injury and amending P.L.1977, c.448, P.L.1987, c.112, and P.L.1978, c.159.

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

1. Section 1 of P.L.1977, c.448 (C.30:11B-1) is amended to read as follows:

1. The Legislature finds that many developmentally disabled persons who are now housed in large institutions can be better cared for and given training for independent living in small community residences. Such persons have a right to the fuller, more normal life that care in such residences brings, and it is, therefore, the intention of the Legislature, through this act, to encourage the development of community residences for the developmentally disabled and to provide for the licensing and regulation of such residences by the Department of Human Services.

The Legislature further finds that there are many persons who have been hospitalized due to mental illness and are recovered to the extent that they no longer require such hospitalization, but would benefit from the specialized independent-living training available to residents of small community residences for the mentally ill. These community residences for the mentally ill may also be utilized by persons who have not been hospitalized for mental illness but who are participating in community mental health counseling or training programs provided by a State-affiliated community mental health agency. These persons have a right to the fuller, more normal life that care in community residences brings, and it is, therefore, the intention of the Legislature through this act, to encourage the development of community residences for the mentally ill and to provide for the licensing and regulation of the residences by the Department of Human Services or the Department of Children and Families, as applicable.

In addition, the Legislature finds that many persons who have sustained [head injuries] traumatic brain injury which [impair] impairs their cognitive, behavioral, social or physical functioning, and who are now housed in large institutions can be better cared for and given training for independent living in small community residences. These persons have a right to the fuller, more normal life that care in these residences brings, and it is, therefore, the intention of the Legislature, through this act, to encourage the development of community residences for persons with [head injuries] traumatic brain injury and to provide for the licensing and regulation of these residences by the Department of Human Services.

(cf: P.L.2006, c.47, s.176)

2. Section 2 of P.L.1977, c.448 (C.30:11B-2) is amended to read as follows:

2. "Community residence for the developmentally disabled" means any community residential facility housing up to 16 developmentally disabled persons which provides food, shelter and personal guidance for developmentally disabled persons who require assistance, temporarily or permanently, in order to live independently in the community. Such residences shall not be considered health care facilities within the meaning of the "Health Care Facilities Planning Act," P.L.1971, c.136 (C.26:2H-1 et seq.) and shall include, but not be limited to, group homes, halfway houses, supervised apartment living arrangements and hostels.

"Community residence for the mentally ill" means any community residential facility which provides food, shelter and personal guidance, under such supervision as required, to not more than 15 mentally ill persons who require assistance temporarily or permanently, in order to live independently in the community. These residences shall be approved for a purchase of service contract or an affiliation agreement pursuant to procedures established by the Division of Mental Health Services in the Department of Human Services or the Division of Child Behavioral Health Services in the Department of Children and Families, as applicable. These residences shall not house persons who have been assigned to a State psychiatric hospital after having been found not guilty of a criminal offense by reason of insanity or unfit to be tried on a criminal charge. These residences shall not be considered health care facilities within the meaning of the "Health Care Facilities Planning Act," P.L.1971, c.136 (C.26:2H-1 et seq.) and shall include, but not be limited to, group homes, halfway houses, supervised apartment living arrangements, family care homes and hostels.

"Community residence for persons with [head injuries] traumatic brain injury" means a community residential facility providing food, shelter and personal guidance, under such supervision as required, to not more than 15 persons with [head injuries] traumatic brain injury, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act," P.L.1971, c.136 (C.26:2H-1 et seq.).

"Developmental disability" or "developmentally disabled" means a severe, chronic disability of a person which: a. is attributable to a mental or physical impairment or combination of mental or physical impairments; b. is manifest before age 22; c. is likely to continue indefinitely; d. results in substantial functional limitations in three or more of the following areas of major life activity, that is, self-care, receptive and expressive language, learning, mobility, self-direction and capacity for independent living or economic self-sufficiency; and e. reflects the need for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are of lifelong or extended duration and are individually planned and coordinated. Developmental disability includes, but is not limited to, severe disabilities attributable to mental retardation, autism, cerebral palsy, epilepsy, spina bifida and other neurological impairments where the above criteria are met.

"Mentally ill" means any psychiatric disorder which has required an individual to receive either inpatient psychiatric care or outpatient psychiatric care on an extended basis.

"Person with [head injuries] traumatic brain injury" means a person [who has sustained an injury, illness or traumatic changes to the skull, the brain contents or its coverings which results in a temporary or permanent physiobiological decrease of cognitive, behavioral, social or physical functioning which causes partial or total disability] with an acquired injury to the brain and does not include a person with brain dysfunction caused by congenital or degenerative disorders or birth trauma, but may include a person with brain injury caused by anoxia due to trauma, including near drowning.

(cf: P.L.2006, c.47, s.177)

3. Section 3 of P.L.1977, c.448 (C.30:11B-3) is amended to read as follows:

3. Every community residence for the developmentally disabled, every community residence for the mentally ill and every community residence for persons with [head injuries] traumatic brain injury shall provide to every person admitted assistance in maintaining a basic level of self-care and in developing the potential to live independently in the community.

(cf: P.L.1993, c.329, s.3)

4. Section 10 of P.L.1987, c.112 (C.30:11B-4.2) is amended to read as follows:

10. a. Within six months of the effective date of this act, the Director of the Division of Mental Health Services in the Department of Human Services or the Division of Child Behavioral Health Services in the Department of Children and Families, as applicable, shall develop program standards which include criteria for educational and professional experience of employees of a community residence for the mentally ill and staffing ratios appropriate to the needs of the residents of the community residences for the mentally ill.

b. Within six months after the effective date of P.L.1993, c.329, the Commissioner of Human Services or the Commissioner of Children and Families, as applicable, shall develop program standards which include criteria for educational and professional experience of employees of a community residence for persons with [head injuries] traumatic brain injury and staffing ratios appropriate to the needs of the residents of these community residences.

(cf: P.L.2006, c.47, s.179)

5. Section 5 of P.L.1977, c.448 (C.30:11B-5) is amended to read as follows:

5. The geographic location of community residences for the developmentally disabled, community residences for the mentally ill and community residences for persons with [head injuries] traumatic brain injury shall be monitored by the Department of Human Services or Department of Children and Families, as applicable. Through the granting or withholding of licenses, the respective department shall insure that these residences are available throughout the State, without unnecessary concentration in any area.

(cf: P.L.2006, c.47, s.180)

6. Section 6 of P.L.1977, c.448 (C.30:11B-6) is amended to read as follows:

6. All residents of community residences for the developmentally disabled, community residences for the mentally ill and community residences for persons with [head injuries] traumatic brain injury in any municipality and county of the State shall be deemed residents of such municipality and county for all purposes, and shall be entitled to the use and benefit of all health, education, vocational and other facilities of such municipality and county in the same manner and extent as any other persons living in such municipality and county.

(cf: P.L.1993, c.329, s.6)

7. Section 7 of P.L.1977, c.448 (C.30:11B-7) is amended to read as follows:

7. One year after the effective date of this act and annually thereafter the office of the State Auditor in the Office of Legislative Services shall conduct a fiscal audit and analysis of the operation of community residences for the developmentally disabled [and of], community residences for the mentally ill, and community residences for persons with traumatic brain injury, and shall report its findings to the Legislature. One year after the effective date of this act and annually thereafter, the Senate standing committee on [Institutions,] Health, Human Services and [Welfare] Senior Citizens, or its successor, and the General Assembly standing committee on Health and Human [Resources] Services, or its successor, shall jointly conduct a review of the operation and effectiveness of community residences for the developmentally disabled [and], community residences for the mentally ill, and community residences for persons with traumatic brain injury, and report their findings to the Legislature with any recommendations they may have.

(cf: P.L.1987, c.112, s.7)

8. Section 1 of P.L.1978, c.159 (C.40:55D-66.1) is amended to read as follows:

1. Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with [head injuries] traumatic brain injury, and adult family care homes for elderly persons and physically disabled adults shall be a permitted use in all residential districts of a municipality, and the requirements therefor shall be the same as for single family dwelling units located within such districts.

(cf: P.L.2001, c.304, s.11)

9. Section 2 of P.L.1978, c.159 (C.40:55D-66.2) is amended to read as follows:

2. As used in this act:

a. "Community residence for the developmentally disabled" means any community residential facility licensed pursuant to P.L.1977, c.448 (C.30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act," P.L.1971, c.136 (C.26:2H-1 et al.). In the case of such a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health [and Hospitals] Services of the Department of Human Services. As used in this act, "developmentally disabled person" means a person who is developmentally disabled as defined in section 2 of P.L.1977, c.448 (C.30:11B-2), and "mentally ill person" means a person who is afflicted with a mental illness as defined in R.S.30:4-23, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.

b. "Community shelter for victims of domestic violence" means any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L.1979, c.337 (C.30:14-1 et seq.), providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.

c. "Community residence for persons with [head injuries] traumatic brain injury" means a community residential facility licensed pursuant to P.L.1977, c.448 (C.30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 persons with [head injuries] traumatic brain injury, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act," P.L.1971, c.136 (C.26:2H-1 et al.).

d. "Person with [head injury] traumatic brain injury" means a person [who has sustained an injury, illness or traumatic changes to the skull, the brain contents or its coverings which results in a temporary or permanent physiobiological decrease of mental, cognitive, behavioral, social or physical functioning which causes partial or total disability] with an acquired injury to the brain and does not include a person with brain dysfunction caused by congenital or degenerative disorders or birth trauma, but may include a person with brain injury caused by anoxia due to trauma, including near drowning.

e. "Community residence for the terminally ill" means any community residential facility operated as a hospice program providing food, shelter, personal guidance and health care services, under such supervision as required, to not more than 15 terminally ill persons.

(cf: P.L.1997, c.321, s.2)

10. This act shall take effect immediately.