Sponsored by:
Assemblywoman CLEOPATRA G. TUCKER
District 28 (Essex)
SYNOPSIS
Requires DMVA create Bereavement Counseling Program for family members and volunteer caregivers of certain veterans.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring the Department of Military and Veterans Affairs to create a Bereavement Counseling Program for family members and volunteer caregivers of certain veterans and supplementing chapter 3 of Title 38A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The Department of Military and Veterans Affairs, in consultation with the Department of Health, shall establish a Bereavement Counseling Program for family members and volunteer caregivers of veterans who die by suicide.
b. For the purposes of this act, P.L. , c. (C. )(pending before the Legislature as this bill):
Clinician means a person who provides mental health services, is experienced with post-traumatic stress disorder and suicide, and is licensed or otherwise authorized, pursuant to Title 45 of the Revised Statutes, to practice a health care profession that is regulated by one of the following: the State Board of Medical Examiners; the State Board of Psychological Examiners; the State Board of Social Work Examiners; the State Board of Marriage and Family Therapy Examiners.
"Family member" means a spouse, parent, sibling, child, or grandparent, whether of the whole or half blood or by adoption, legal guardian, romantic partner, or any person residing in the veteran s household.
"Qualified veterans' organization" means a veterans organization that qualifies as a section 501(c)(3) or 501(c)(19) tax exempt organization under the Internal Revenue Code, or a federally chartered veterans' service organization.
"Veteran" means a person who served on active duty in the Armed Forces of the United States, or a Reserve Component thereof, including the National Guard, who was honorably discharged or released under honorable circumstances from active service and died by suicide.
"Volunteer caregiver" means a person who is 18 years of age or older, is a member of a qualified veterans organization, and has provided care in the form of counseling or social work to the veteran for a minimum of three months prior to the death by suicide of the veteran. This term shall not include a person such as a licensed or professional caregiver, counselor, or social worker, and a person who received compensation for services.
c. (1) The Adjutant General of the Department of Military and Veterans Affairs shall determine the application process, and shall establish the criteria for a person to be considered a qualified applicant. A qualified applicant seeking to participate in the program shall submit an application in such form as shall be required by the department.
(2) The application shall be submitted to the department, and upon approval, the department shall match a family member or caregiver, as appropriate, with a clinician, if a clinician is available. The department may deny an applicant because there are no, or limited, clinicians available for the program.
(3) The Adjutant General shall be responsible for determining whether any person seeking to be considered a qualified applicant under this act, for the purpose of receiving counseling, meets the criteria and adjudicating an appeal from any person disputing this determination. The determination of the Adjutant General shall be binding.
d. (1) The Department of Military and Veterans Affairs, through its regional network of Veteran Service Officers, shall provide the family members and volunteer caregivers of the veteran, when it is known that the cause of death of a veteran is by suicide, with information and an application for the program, and provide assistance, if requested, with completing and filing the application with the department.
The Veteran Service Officers shall also provide assistance to the family members with applying for applicable federal and State veteran benefits.
(2) A funeral director, licensed pursuant to P.L.1952, c.340 (C.45:7-32 et seq.), shall provide the family members and volunteer caregivers of the veteran, when it is known that the cause of death of a veteran in their custody is by suicide, with information and an application for the program, and provide assistance, if requested, with completing and filing the application with the department.
e. (1) Application for bereavement counseling shall be made available to family members and volunteer caregivers for a period of up to five years after the death of the veteran. Counseling sessions shall be available to family members and volunteer caregivers for a period of up to 24 months after an application for bereavement counseling has been approved by the department and a clinician assigned.
(2) The clinician and the family member or volunteer caregiver, as appropriate, shall determine the frequency of the counseling sessions, with a maximum of 30 counseling hours per year, per family member or caregiver. The department shall create a system for monitoring and verifying the hours donated by clinicians.
(3) The program shall be at no cost to the family members and volunteer caregivers.
f. The Department of Military and Veterans Affairs shall advertise the program on its department Internet site and any other location and manner as the department deems appropriate.
g. The Department of Military and Veterans Affairs shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.
2. The Bereavement Counseling Program established pursuant to section 1 of P.L. , c. (C. )(pending before the Legislature as this bill), shall match clinicians with the family members and volunteer caregivers of a veteran who died by suicide.
The Department of Military and Veterans Affairs shall recruit clinicians to donate professional counseling hours to the family members and volunteer caregivers. The department may coordinate the recruitment efforts with the United States Department of Veterans Affairs.
The department shall coordinate with the United States Department of Veterans Affairs to maintain a list of clinicians who are available to provide professional counseling hours to family members and volunteer caregivers.
3. The Adjutant General may apply for and accept on behalf of the State any grants from the federal government or any agency thereof, or from any foundation, corporation, association, or individual to develop and implement the Bereavement Counseling Program established pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). Any money so received may be expended by the department, subject to any limitations imposed in such grants, upon appropriation and warrant of the Director of the Division of Budget and Accounting of the Department of the Treasury.