New Jersey § 30:4-27

§ 30:4-27.

As used in P.L.1987, c. 116 ( C.30:4-27.1 et seq. ) and P.L.2009, c. 112 : a. “ Chief executive officer ” means the person who is the chief administrative officer of an institution or psychiatric

facility. b. “ Clinical certificate ” means a form prepared by the division and approved by the Administrative Office

of the Courts, that is completed by the psychiatrist or other physician who has examined

the person who is subject to commitment within three days of presenting the person

for involuntary commitment to treatment, and which states that the person is in need

of involuntary commitment to treatment. The form shall also state the specific facts upon which the examining physician

has based his conclusion and shall be certified in accordance with the Rules of the

Court. A clinical certificate may not be executed by a person who is a relative by blood

or marriage to the person who is being screened. c. “ Clinical director ” means the person who is designated by the director or chief executive officer to

organize and supervise the clinical services provided in a screening service, short-term

care or psychiatric facility. The clinical director shall be a psychiatrist ; however, those persons currently serving in the capacity will not be affected by

this provision. This provision shall not alter any current civil service laws designating the qualifications

of such position. d. “ Commissioner ” means the Commissioner of Human Services. e. “ County counsel ” means the chief legal officer or advisor of the governing body of a county. f. “ Court ” means the Superior Court or a municipal court. g. “ Custody ” means the right and responsibility to ensure the provision of care and supervision. h. “ Dangerous to self ” means that by reason of mental illness the person has threatened or attempted suicide

or serious bodily harm, or has behaved in such a manner as to indicate that the person

is unable to satisfy his need for nourishment, essential medical care or shelter,

so that it is probable that substantial bodily injury, serious physical harm , or death will result within the reasonably foreseeable future; however, no person

shall be deemed to be unable to satisfy his need for nourishment, essential medical

care , or shelter if he is able to satisfy such needs with the supervision and assistance

of others who are willing and available. This determination shall take into account a person's history, recent behavior , and any recent act, threat , or serious psychiatric deterioration. i. “ Dangerous to others or property ” means that by reason of mental illness there is a substantial likelihood that the

person will inflict serious bodily harm upon another person or cause serious property

damage within the reasonably foreseeable future. This determination shall take into account a person's history, recent behavior , and any recent act, threat , or serious psychiatric deterioration. j. “ Department ” means the Department of Human Services. k. “ Director ” means the chief administrative officer of a screening service, short-term care facility , or special psychiatric hospital. l . “ Division ” means the Division of Mental Health and Addiction Services in the Department of Human Services. m. “ In need of involuntary commitment ” or “ in need of involuntary commitment to treatment ” means that an adult with mental illness, whose mental illness causes the person

to be dangerous to self or dangerous to others or property and who is unwilling to

accept appropriate treatment voluntarily after it has been offered, needs outpatient

treatment or inpatient care at a short-term care or psychiatric facility or special

psychiatric hospital because other services are not appropriate or available to meet

the person's mental health care needs. n. “ Institution ” means any State or county facility providing inpatient care, supervision , and treatment for persons with developmental disabilities; except that with respect

to the maintenance provisions of Title 30 of the Revised Statutes, institution also means any psychiatric facility for the treatment of persons with mental illness. o . “ Mental health agency or facility ” means a legal entity which receives funds from the State, county , or federal government to provide mental health services. p. “ Mental health screener ” means a psychiatrist, psychologist, social worker, registered professional nurse , licensed marriage and family therapist, or other individual trained to do outreach only for the purposes of psychological

assessment who is employed by a screening service and possesses the license, academic

training or experience, as required by the commissioner pursuant to regulation; except

that a psychiatrist and a State licensed clinical psychologist who meet the requirements

for mental health screener shall not have to comply with any additional requirements

adopted by the commissioner. q. “ Mental hospital ” means, for the purposes of the payment and maintenance provisions of Title 30 of

the Revised Statutes, a psychiatric facility. r. “ Mental illness ” means a current, substantial disturbance of thought, mood, perception , or orientation which significantly impairs judgment, capacity to control behavior , or capacity to recognize reality, but does not include simple alcohol intoxication,

transitory reaction to drug ingestion, organic brain syndrome , or developmental disability unless it results in the severity of impairment described

herein. The term mental illness is not limited to “ psychosis ” or “ active psychosis ,” but shall include all conditions that result in the severity of impairment described

herein. s. “ Patient ” means a person over the age of 18 who has been admitted to, but not discharged from

a short-term care or psychiatric facility, or who has been assigned to, but not discharged

from an outpatient treatment provider. t. “ Physician ” means a person who is licensed to practice medicine in any one of the United States

or its territories, or the District of Columbia. u. “ Psychiatric facility ” means a State psychiatric hospital listed in R.S.30:1-7 , a county psychiatric hospital, or a psychiatric unit of a county hospital. v. “ Psychiatrist ” means a physician who has completed the training requirements of the American Board

of Psychiatry and Neurology. w. “ Psychiatric unit of a general hospital ” means an inpatient unit of a general hospital that restricts its services to the

care and treatment of persons with mental illness who are admitted on a voluntary

basis. x. “ Psychologist ” means a person who is licensed as a psychologist by the New Jersey Board of Psychological

Examiners. y. “ Screening certificate ” means a clinical certificate executed by a psychiatrist or other physician affiliated

with a screening service. z. “ Screening service ” means a public or private ambulatory care service , whether or not affiliated with a hospital, designated by the commissioner, which provides mental health services including assessment,

emergency , and referral services to persons with mental illness in a specified geographic area. aa. “ Screening outreach visit ” means an evaluation provided by a mental health screener wherever the person may

be when clinically relevant information indicates the person may need involuntary

commitment to treatment and is unable or unwilling to come to a screening service. bb. “ Short-term care facility ” means an inpatient, community based mental health treatment facility that is designated to provide acute care and assessment services to a person with mental illness whose mental illness

causes the person to be dangerous to self or dangerous to others or property. A short-term care facility is authorized to serve persons from a specified geographic area , may be a part of a general hospital or other appropriate health care facility , and shall meet certificate of need requirements and be licensed and inspected by the Department of Health pursuant to P.L.1971, c. 136 ( C.26:2H-1 et seq. ) . cc. “ Special psychiatric hospital ” means a public or private hospital licensed by the Department of Health to provide voluntary and involuntary mental health services, including assessment,

care, supervision, treatment , and rehabilitation services to persons with mental illness. dd. “ Treatment team ” means one or more persons, including at least one psychiatrist or physician, and

may include a psychologist, social worker, nurse , licensed marriage and family therapist, and other appropriate services providers. A treatment team provides mental health services to a patient of a screening service,

outpatient treatment provider, or short-term care or psychiatric facility. ee. “ Voluntary admission ” means that an adult with mental illness, whose mental illness causes the person

to be dangerous to self or dangerous to others or property and is willing to be admitted

to a facility voluntarily for care, needs care at a short-term care or psychiatric

facility because other facilities or services are not appropriate or available to

meet the person's mental health needs. A person may also be voluntarily admitted to a psychiatric facility if his mental

illness presents a substantial likelihood of rapid deterioration in functioning in

the near future, there are no appropriate community alternatives available , and the psychiatric facility can admit the person and remain within its rated capacity. ff. “ County adjuster ” means the person appointed pursuant to R.S.30:4-34 . gg. “ Least restrictive environment ” means the available setting and form of treatment that appropriately addresses a

person's need for care and the need to respond to dangers to the person, others , or property and respects, to the greatest extent practicable, the person's interests

in freedom of movement and self-direction. hh. “ Outpatient treatment ” means clinically appropriate care based on proven or promising treatments directed

to wellness and recovery, provided by a member of the patient's treatment team to

a person not in need of inpatient treatment. Outpatient treatment may include, but shall not be limited to, day treatment services,

case management, residential services, outpatient counseling and psychotherapy, and

medication treatment. ii. “ Outpatient treatment provider ” means a community-based provider, designated as an outpatient treatment provider

pursuant to section 8 of P.L.1987, c. 116 ( C.30:4-27.8 ), that provides or coordinates the provision of outpatient treatment to persons in

need of involuntary commitment to treatment. jj. “ Plan of outpatient treatment ” means a plan for recovery from mental illness approved by a court pursuant to section

17 of P.L.2009, c. 112 ( C.30:4-27.15a ) that is to be carried out in an outpatient setting and is prepared by an outpatient

treatment provider for a patient who has a history of responding to treatment. The plan may include medication as a component of the plan; however, medication

shall not be involuntarily administered in an outpatient setting. kk. “ Reasonably foreseeable future ” means a time frame that may be beyond the immediate or imminent, but not longer

than a time frame as to which reasonably certain judgments about a person's likely

behavior can be reached. ll. “ Geographic area ” means a distinct area of the State that is designated by the commissioner to be

served by a screening service and may be a county, portion of a county, or multi-county

area.