Sponsored by:
Assemblywoman SHAMA A. HAIDER
District 37 (Bergen)
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Assemblywoman GARNET R. HALL
District 28 (Essex and Union)
Co-Sponsored by:
Assemblyman Kanitra and Assemblywoman Dunn
SYNOPSIS
Requires Division of Childrens System of Care to make changes to certain polices regarding the provision of family support and respite care services for certain eligible individuals.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the Division of Childrens System of Care and supplementing Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding any law, rule, or regulation to the contrary, the Division of Childrens System of Care in the Department of Children and Families shall:
(1) establish an authorization period of 12 months for the provision of family support services, including agency-hired, agency-weekend respite, and self-hired respite care, to an individual under the age of 21 with a developmental disability;
(2) once an individual under the age of 21 with a developmental disability has been authorized to receive services from an agency contracted with the division to provide family support services, ensure that the family or guardian of the individual be provided with a bank of respite care service hours, in addition to, and separate from, any other family support service hours the individual, the individuals family or guardian, or both are eligible to receive, that can be used during each authorization period, including, but not limited to, agency-hired, agency weekend, agency-weekend respite, or self-hired respite care, based on the specific needs of the individual, the individuals family or guardian, or both; and
(3) establish a process by which the family or guardian of an individual under the age of 21 with a developmental disability who has been authorized to receive services from an agency contracted with the Department of Children and Families to provide family support services shall:
(a) undergo an annual reevaluation of the need for the family support services received during the authorization period, the frequency by which the services were accessed, and the success of the outcomes achieved by the individual as a result of the provision of such services;
(b) based on the results of the reevaluation, determine whether the family or guardian of the individual is entitled to receive a bank of respite care service hours, in addition to, and separate from, any other family support service hours the individual, the individuals family or guardian, or both are eligible to receive; and
(c) after the reevaluation, have the option to remain with the agency that provided the family support services to the individual during the prior authorization period.
b. Nothing in subsection a. of this section shall be construed to allow the division to reduce the amount of respite care service hours an individual under the age of 21 with a developmental disability, the individuals family or guardian, or both have been authorized to receive during a 12 month authorization period, including, but not limited to, agency-hired, agency-weekend respite, or self-hired respite care.
c. As used in this section:
Agency-hired 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 in, or outside of, the individuals home.
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 a developmental disability outside of the individuals home.
Self-hired respite care means an arrangement that allows the family or guardian of an individual under the age of 21 with a developmental disability to recruit and hire a trained respite care worker, paid directly by individuals family or guardian, to provide social and recreational experiences to the individual in, or outside of, the individuals home.
2. The Department of Children and Families shall promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as may be necessary to effectuate the purposes of this act.
3. This act shall take effect immediately.
STATEMENT
This bill requires the Division of Childrens System of Care (DCSOC) in the Department of Children and Families to: (1) establish an authorization period of 12 months for the provision of agency-hired, agency-weekend respite, and self-hired respite care, to an individual under the age of 21 with a developmental disability; (2) once an individual under the age of 21 with a developmental disability has been authorized to receive family support services from an agency contracted with the Department of Children and Families (DCF), ensure that the individuals family or guardian be provided with a bank of respite care service hours, in addition to, and separate from, any other family support service hours the individual, the individuals family or guardian, or both are eligible to receive, that can be used during each authorization period, including, but not limited to, agency-hired, agency-weekend respite, or self-hired respite care, based on the specific needs of the individual, the individuals family or guardian, or both; and (3) establish a process by which the family or guardian of an individual under the age of 21 with a developmental disability who has been authorized to receive family support services undergoes an annual reevaluation of the need for the family support services received during the authorization period.
Nothing in the bill is to be construed to allow the DCSOC to reduce the amount of respite care service hours an individual under the age of 21 with a developmental disability, the individuals family or guardian, or both have been authorized to receive during a 12 month authorization period.
As defined in the bill: agency-hired respite care means respite care, including social and recreational experiences, provided by a trained respite care worker employed by an agency contracted with the DCF to an individual under the age of 21 with a developmental disability in, or outside of, the individuals home; 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 DCF to an individual under the age of 21 with a developmental disability outside of the individuals home; and self-hired respite care means an arrangement that allows the family or guardian of an individual under the age of 21 with a developmental disability to recruit and hire a trained respite care worker, paid directly by individuals family or guardian, to provide social and recreational experiences to the individual in, or outside of, the individuals home.
Currently, DCSOC policy reauthorizes the provision of agency-hired, agency-weekend, and self-hired respite care every 90 days, stipulates that certain respite care ser