Sponsored by:
Senator ROBERT W. SINGER
District 30 (Monmouth and Ocean)
Senator CHRISTOPHER J. CONNORS
District 9 (Atlantic, Burlington and Ocean)
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 reported by the Senate Health, Human Services and Senior Citizens Committee on September 15, 2014, with amendments.
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. 1a.1 The moving papers shall include1: (1)1 a verified complaint 1[,]1 [an affidavit from a practicing physician or a psychologist licensed pursuant to P.L.1966, c.282 (C.45:14B-1 et seq.)] 1; (2) either1 a copy of the person's individualized education program, 1or an affidavit from a practicing physician or a psychologist licensed pursuant to P.L.1966, c.282 (C.45:14B-1 et seq.);1 and 1(3)1 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] 1[copy of the person's individualized education program and the affidavit] moving papers described in paragraphs (2) and (3) of this subsection1 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]
1b.1 As used in this section 1[, "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] :
"Individualized1 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.
1"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.1
(cf: P.L.2010, c.50, s.50)
2. This act shall take effect immediately.