ASSEMBLY, No. 2936

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED MARCH 24, 2014

 

 

Sponsored by:

Assemblywoman  GABRIELA M. MOSQUERA

District 4 (Camden and Gloucester)

Assemblywoman  PAMELA R. LAMPITT

District 6 (Burlington and Camden)

 

 

 

 

SYNOPSIS

     Requires a complaint for guardianship of a person receiving services from Division of Developmental Disabilities to include the person's individualized education program.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning the appointment of a guardian for a person receiving services from the Division of Developmental Disabilities and amending P.L.1970, c.289.

 

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

 

     1.  Section 2 of P.L.1970, c.289 (C.30:4-165.8) is amended to read as follows:

     2.  The moving papers shall include a verified complaint, [an affidavit from a practicing physician or a psychologist licensed pursuant to P.L.1966, c.282 (C.45:14B-1 et seq.)] a copy of the person's individualized education program, and an affidavit from the chief executive officer, medical director, or other officer having administrative control over the program from which the individual is receiving functional or other services provided by the Division of Developmental Disabilities.  The [affidavits] copy of the person's individualized education program and the affidavit shall set forth with particularity the facts supporting the [affiant's] belief that the alleged incapacitated person suffers from a significant chronic functional impairment to such a degree that the person either lacks the cognitive capacity to make decisions for himself or to communicate, in any way, decisions to others.  [For the purposes        of] As used in this section, "significant chronic functional impairment" includes, but is not limited to, a lack of comprehension of concepts related to personal care, health care, or medical treatment.

     As used in this section, "individualized education program" means a written plan which sets forth present levels of academic achievement and functional performance, measurable annual goals, and short-term objectives or benchmarks, and describes an integrated, sequential program of individually designed instructional activities and related services necessary to achieve the stated goals and objectives.

(cf: P.L.2010, c.50, s.50)

 

     2.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill amends section 2 of P.L.1970, c.289 (C.30:4-165.8) to require that when the Commissioner of Human Services, a parent, guardian, or other interested party files a complaint for guardianship of person receiving services from the Division of Developmental Disabilities (DDD), the required papers filed with the court would include a copy of the person's individualized education program.

     Currently, the papers required to file a complaint for guardianship of a person receiving services from DDD include the complaint for guardianship, an a affidavit from a practicing physician or a licensed psychologist, and an affidavit from the chief executive officer, medical director, or other officer having administrative control over the program from which the individual is receiving functional or other services provided by DDD.  Under the provisions of the bill, a copy of the individualized education program would replace the affidavit from a physician or licensed psychologist.    

     As defined in the bill, "individualized education program" means a written plan which sets forth present levels of academic achievement and functional performance, measurable annual goals, and short-term objectives or benchmarks, and describes an integrated, sequential program of individually designed instructional activities and related services necessary to achieve the stated goals and objectives.