30:6D-9.1 Definitions relative to community-based residential programs.

1. As used in sections 1 through 6 of P.L.2017, c.238 (C.30:6D-9.1 et seq.):

"Abuse" means the same as that term is defined by section 2 of P.L.2010, c.5 (C.30:6D-74).

"Commissioner" means the Commissioner of Human Services.

"Community-based residential program" or "residential program" means a group home or supervised apartment, which is licensed and regulated by the department.

"Day program" means a program that is certified to provide day habilitation services or sheltered workshops for individuals with developmental disabilities.

"Department" means the Department of Human Services.

"Department employee" means a direct employee of the Department of Human Services, or an employee of a department-funded case management agency.

"Developmental disability" means the same as that term is defined by section 3 of P.L.1977, c.82 (C.30:6D-3).

"Direct care staff member" means a person 18 years of age or older who is employed by a program, facility, or living arrangement identified in subsection a. of section 5 of P.L.2017, c.238 (C.30:6D-9.5), and who may come into direct contact with individuals with developmental disabilities during the course of such employment.

"Exploitation" means the same as that term is defined by section 2 of P.L.2010, c.5 (C.30:6D-74).

"Group home" means a living arrangement that is operated in a residence or residences 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.

"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.

"Major physical injury" means an injury that requires treatment that can only be performed at a general hospital or special hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), and which may additionally include admission to the hospital for further treatment or observation.

"Minor physical injury" means an injury that does not constitute a major physical injury or a moderate physical injury, and which can be treated with basic first aid, and without the assistance of a health care professional.

"Moderate physical injury" means an injury that does not constitute a major injury, but which requires treatment, beyond basic first aid, that can only be performed by a health care professional.

"Neglect" means the same as that term is defined by section 2 of P.L.2010, c.5 (C.30:6D-74).

"Program" means any program that is licensed or funded by the department for the purpose of providing services to individuals with developmental disabilities. "Program" includes, but is not limited to, a day program or a community-based residential program.

"Supervised apartment" means an apartment that is occupied by individuals with developmental disabilities; is leased or owned by a licensee; and in which staff provides supervision, guidance, and training, as needed, to assist individual occupants in the activities of daily living, in accordance with each individual's needs and targeted future goals.

L.2017, c.238, s.1.