S4637

An Act establishing an agency after-school respite care utilization pilot program.

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

1. a. The Commissioner of Children and Families shall establish a three-year agency after-school respite care utilization pilot program to allow the parent or legal guardian of an individual under the age of 21 with developmental disabilities who has been authorized to receive respite care services from an agency providing family support services to utilize agency after-school care hours as agency weekend recreation respite care hours.

b. An agency providing family support services may participate in the pilot program established pursuant to subsection a. of this section if the agency:

(1) is located in Monmouth or Ocean County and is contracted with the Division of Children’s System of Care in the Department of Children and Families to provide such services to an individual under the age of 21 with developmental disabilities;

(2) submits an application to the Commissioner of Children and Families on a form and in a manner prescribed by the commissioner; and

(3) is authorized by the Division of Children’s System of Care to provide after-school respite care and agency-weekend respite care as defined in subsection d. of this section and as provided in the contract entered into between the agency and the division.

c. (1) A parent or legal guardian of an individual under the age of 21 with developmental disabilities who has been authorized to receive respite care services from an agency contracted with the division to provide family support services and chooses to participate in the pilot program may utilize authorized agency after-school respite care hours for use as agency weekend recreation respite care hours during an authorization period, provided that the total number of respite care hours used does not exceed the number of service hours that can be used during the authorization period.

(2) The utilization of agency after-school service care respite care hours for use as agency weekend recreation respite care hours pursuant to paragraph (1) of this subsection shall not:

(a) require an amendment to, modification of, or change in, the individual’s existing service authorization or authorization status; or

(b) increase, reduce, or limit the amount of authorized respite hours or eligibility for respite care services an individual under the age of 21 with developmental disabilities who has been authorized to receive respite care services from an agency contracted with the division to provide family support services is entitled to receive.

d. As used in this section:

“Agency after-school respite care” means respite care, including social and recreational experiences, provided by a trained respite care worker employed by an agency contracted with the Department of Children and Families to an individual under the age of 21 with a developmental disability at the agency’s site.

“Agency-weekend respite care” means social and recreational experiences provided during the weekend by a trained respite care worker employed by an agency contracted with the Department of Children and Families to an individual under the age of 21 with developmental disability outside of the individual’s home.

“Division” means the Division of Children’s System of Care in the Department of Children and Families.

“Respite care” means the provision of temporary, short-term care for, or the supervision of, an eligible child on behalf of the caregiver, in emergencies or on an intermittent basis to relieve the daily stresses and demands of caring for a child with a functional impairment. Respite care may be provided hourly or daily, may be provided by an agency-hired worker or by a volunteer, but may not exceed service and cost limitations as determined by the Commissioner of Children and Families.

2. Within 90 days following the conclusion of the pilot program the division, in consultation with the agencies participating in the pilot program, shall submit to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, a report that summarizes the implementation of the pilot program established pursuant to subsection a. of section 1 of this act including, but not limited to, feedback and recommendations on the program.

3. This act shall take effect 90 days next following enactment, and shall expire upon submission of the report required pursuant to section 2 of this act.

STATEMENT

This bill establishes a three-year agency after-school respite care utilization pilot program to allow the parent or legal guardian of an individual under the age of 21 with developmental disabilities who has been authorized to receive respite care services from an agency contracted with the Division of Children’s System of Care (the division) to provide family support services to utilize agency after-school care hours as agency weekend recreation respite care hours.

An agency providing family support services may participate in the pilot program if the agency: is located in Monmouth or Ocean Counties; submits an application to the Commissioner of Children and Families (the commissioner); and is authorized by the division to provide after-school respite care and agency-weekend respite care as defined in the bill and as provided in the contract entered into between the agency and the division.

The bill allows a parent or legal guardian who chooses to participate in the pilot program to utilize authorized agency after-school respite care hours for use as agency weekend recreation respite care hours during an authorization period.

The utilization of agency after-school service care respite care hours for use as agency weekend recreation respite care hours under the program would not: require an amendment to, modification of, or change in, the individual’s existing service authorization or authorization status; or increase, reduce, or limit the amount of authorized respite hours or eligibility for respite care services an individual is entitled to receive.

Within 90 days following the conclusion of the pilot program the division, in consultation with agencies participating in the program, is to submit to the Governor and the Legislature, a report that summarizes the implementation of the pilot program including, but not limited to, any feedback and recommendations on the program. The program is to expire upon submission of the report.