N.J. Admin. Code § 8:111-6.4

Current through Register Vol. 56, No. 23, December 2, 2024

Section 8:111-6.4 - Notice of discharge

(a) A facility shall have written policies and procedures governing the involuntary discharge of clients, a copy of which shall be given to and signed by the client at intake. All clients shall be provided with a verbal and written notice of the facility's intent to discharge. If the client is an adolescent, the adolescent's parent(s), guardian or legally authorized representative shall be provided with the time the adolescent will be released to their care, except for those circumstances in which the adolescent has voluntarily sought treatment in accordance with 9:17A-4. The written notice shall include the specific reason(s) for the discharge, and shall set forth the client's rights and procedures to appeal the discharge decision.

1. In a situation where a client has absconded, eloped, or whose whereabouts are unknown, a facility shall make an effort to provide verbal and written notice.

(b) Clients shall have the right to appeal an involuntary discharge in accordance with procedures established by the facility. If the client is an adolescent, the parent(s), guardian or legally authorized representative must file an appeal in accordance to procedure.

1. Clients may initiate an appeal of an involuntary discharge either verbally or in writing.

2. In instances where client does not pose a health or safety hazard to themselves, other clients or staff, the client shall not be discharged from the facility until the appeal process is complete.

3. In instances where the client poses a health or safety hazard to themselves, other clients or staff, as documented by facility staff (such as a substance abuse counselor, director of nursing services), the client may be discharged from the facility prior to completion of the appeal process.

4. Clients may initiate an appeal of an involuntary discharge immediately and up to 30 calendar days after the involuntary discharge.

5. A copy of the appeal, and the disposition thereof, shall be entered in the client's clinical record.

(c) A facility may involuntarily discharge a client without prior notice if the client poses a health or safety hazard to himself or herself, other clients, or staff, or otherwise violates facility policies that were presented to the client at the time of admission.

1. If a client is discharged involuntarily, the facility shall provide assistance in referring the client to secure shelter or making a referral to a client-approved treatment facility.

N.J. Admin. Code § 8:111-6.4

Recodified from 10:161A-6.4 53 N.J.R. 2208(a), effective 12/20/2021