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A2054 TR
ASSEMBLY, No. 2054
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman SHAMA A. HAIDER
District 37 (Bergen)
Assemblywoman� CAROL A. MURPHY
District 7 (Burlington)
Co-Sponsored by:
Assemblyman Kanitra, Assemblywoman Dunn, Assemblyman
Barlas, Assemblywomen Speight, Peterpaul, Donlon, Bagolie, Reynolds-Jackson and
Carter
SYNOPSIS
���� Requires Division of Children's 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 reported by the Assembly Children, Families and
Food Security Committee with technical review.
��
An Act
concerning the Division of Children�s 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 Children�s 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 individual�s 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 individual�s 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
individual�s 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 individual�s 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 individual�s 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 individual�s 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 individual�s family or guardian, to
provide social and recreational experiences to the individual in, or outside of,
the individual�s 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.