New Jersey § 30:4c-4

§ 30:4c-4.

a. Notwithstanding any law, rule, or regulation to the contrary, commencing on or

after the effective date of P.L.2012, c. 16 ( C.52:27D-43.9a et al.) and subject to the provisions of subsection b. of this section, the Division

of Children's System of Care in the Department of Children and Families shall determine

eligibility and provide support and services, deemed clinically and functionally appropriate

by the Department of Children and Families, as limited by service availability and

appropriations and other monies available, and to become available, for persons with

developmental disabilities, as defined in section 3 of P.L.1977, c. 82 ( C.30:6D-3 ), under 21 years of age. The Division of Children's System of Care shall be responsible for licensing, inspection,

and standard-setting with regard to facilities providing services for persons with

developmental disabilities under 21 years of age. With the exception of the services provided to adults over the age of 18 by the Moderate

Security Unit, established pursuant to P.L.2006, c. 5 ( C.30:4-25.13 et seq. ), the Division of Developmental Disabilities in the Department of Human Services

shall cease providing services for those persons with developmental disabilities under

21 years of age as of the date that the Division of Children's System of Care in Department

of Children and Families commences determining eligibility and providing services

for these persons, except that, as agreed to by the Department of Children and Families

and the Department of Human Services pursuant to subsection b. of this section, the

Division of Developmental Disabilities may continue to provide services to individuals

under 21 years of age determined eligible for such services prior to the effective

date of P.L.2012, c. 16 ( C.52:27D-43.9a et al.). The Division of Developmental Disabilities may establish rules and procedures for

the transition of persons receiving services from the Department of Children and Families

to adult services provided by the Division of Developmental Disabilities, including,

but not limited to, a redetermination of eligibility for services. There shall not be a presumption of eligibility for persons seeking adult services

through the Division of Developmental Disabilities in the Department of Human Services. The Division of Developmental Disabilities shall retain all responsibility for and

authority over the operation of State developmental centers pursuant to R.S.30:1-7 . b. The Commissioner of Human Services and the Commissioner of Children and Families,

or the commissioners' designees, shall establish and enter into an inter-agency agreement

as necessary for the purposes of subsection a. of this section. c. The Commissioners of Human Services and Children and Families, pursuant to the

“Administrative Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), shall adopt, notwithstanding any provision of P.L.1968, c. 410 ( C.52:14B-1 et seq. ) to the contrary, immediately upon filing with the Office of Administrative Law,

such rules and regulations as the Commissioners deem necessary to effectuate the purposes

of section 158 of P.L.2012, c. 16 ( C.30:4C-4.4 ), which shall be effective for a period not to exceed 12 months following the effective

date of P.L.2012, c. 16 ( C.52:27D-43.9a et al.). The regulations shall thereafter be amended, adopted, or readopted by the commissioners

in accordance with the provisions of P.L.1968, c. 410 ( C.52:14B-1 et seq. ). d. Whenever any current law, rule, regulation, or order, pertaining to persons with

developmental disabilities, as defined in section 3 of P.L.1977, c. 82 ( C.30:6D-3 ), under 21 years of age refers to the Division of Developmental Disabilities in the

Department of Human Services, the same shall mean and refer to the Division of Children's

System of Care in the Department of Children and Families.