A2054: Requires Division of Children's System of Care to make changes to certain polices regarding the…

A2054 ASSEMBLY, No. 2054 STATE OF NEW JERSEY 222nd LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION Sponsored by: Assemblywoman SHAMA A. HAIDER District 37 (Bergen) Co-Sponsored by: Assemblyman Kanitra, Assemblywoman Dunn, Assemblyman Barlas, Assemblywomen Speight, Peterpaul, Donlon, Bagolie and Reynolds-Jackson SYNOPSIS Requires Division of Children's System of Care to make changes to certain polices regarding the provision of family support and respite care services for certain eligible individuals. CURRENT VERSION OF TEXT Introduced Pending Technical Review by Legislative Counsel. An Act concerning the Division of Children’s System of Care and supplementing Title 30 of the Revised Statutes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1.  a.  Notwithstanding any law, rule, or regulation to the contrary, the Division of Children’s System of Care in the Department of Children and Families shall: (1) establish an authorization period of 12 months for the provision of family support services, including agency-hired, agency-weekend respite, and self-hired respite care, to an individual under the age of 21 with a developmental disability; (2) once an individual under the age of 21 with a developmental disability has been authorized to receive services from an agency contracted with the division to provide family support services, ensure that the family or guardian of the individual be provided with a bank of respite care service hours, in addition to, and separate from, any other family support service hours the individual, the individual’s family or guardian, or both are eligible to receive, that can be used during each authorization period, including, but not limited to, agency-hired, agency weekend, agency-weekend respite, or self-hired respite care, based on the specific needs of the individual, the individual’s family or guardian, or both; and (3) establish a process by which the family or guardian of an individual under the age of 21 with a developmental disability who has been authorized to receive services from an agency contracted with the Department of Children and Families to provide family support services shall: (a) undergo an annual reevaluation of the need for the family support services received during the authorization period, the frequency by which the services were accessed, and the success of the outcomes achieved by the individual as a result of the provision of such services; (b) based on the results of the reevaluation, determine whether the family or guardian of the individual is entitled to receive a bank of respite care service hours, in addition to, and separate from, any other family support service hours the individual, the individual’s family or guardian, or both are eligible to receive; and (c) after the reevaluation, have the option to remain with the agency that provided the family support services to the individual during the prior authorization period. b.  Nothing in subsection a. of this section shall be construed to allow the division to reduce the amount of respite care service hours an individual under the age of 21 with a developmental disability, the individual’s family or guardian, or both have been authorized to receive during a 12 month authorization period, including, but not limited to, agency-hired, agency-weekend respite, or self-hired respite care. c.  As used in this section: “Agency-hired respite care” means respite care, including social and recreational experiences, provided by a trained respite care worker employed by an agency contracted with the Department of Children and Families to an individual under the age of 21 with a developmental disability in, or outside of, the individual’s home. “Agency-weekend respite care” means social and recreational experiences provided during the weekend by a trained respite care worker employed by an agency contracted with the Department of Children and Families to an individual under the age of 21 with a developmental disability outside of the individual’s home. “Self-hired respite care” means an arrangement that allows the family or guardian of an individual under the age of 21 with a developmental disability to recruit and hire a trained respite care worker, paid directly by individual’s family or guardian, to provide social and recreational experiences to the individual in, or outside of, the individual’s home. 2.  The Department of Children and Families shall promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as may be necessary to effectuate the purposes of this act. 3.  This act shall take effect immediately. STATEMENT This bill requires the Division of Children’s System of Care (DCSOC) in the Department of Children and Families to:  (1) establish an authorization period of 12 months for the provision of agency-hired, agency-weekend respite, and self-hired respite care, to an individual under the age of 21 with a developmental disability; (2) once an individual under the age of 21 with a developmental disability has been authorized to receive family support services from an agency contracted with the Department of Children and Families (DCF), ensure that the individual’s family or guardian be provided with a bank of respite care service hours, in addition to, and separate from, any other family support service hours the individual, the individual’s family or guardian, or both are eligible to receive, that can be used during each authorization period, including, but not limited to, agency-hired, agency-weekend respite, or self-hired respite care, based on the specific needs of the individual, the individual’s family or guardian, or both; and (3) establish a process by which the family or guardian of an individual under the age of 21 with a developmental disability who has been authorized to receive family support services undergoes an annual reevaluation of the need for the family support services received during the authorization period. Nothing in the bill is to be construed to allow the DCSOC to reduce the amount of respite care service hours an individual under the age of 21 with a developmental disability, the individual’s family or guardian, or both have been authorized to receive during a 12 month authorization period. As defined in the bill: “agency-hired respite care” means respite care, including social and recreational experiences, provided by a trained respite care worker employed by an agency contracted with the DCF to an individual under the age of 21 with a developmental disability in, or outside of, the individual’s home; “agency-weekend respite care” means social and recreational experiences provided during the weekend by a trained respite care worker employed by an agency contracted with the DCF to an individual under the age of 21 with a developmental disability outside of the individual’s home; and “self-hired respite care” means an arrangement that allows the family or guardian of an individual under the age of 21 with a developmental disability to recruit and hire a trained respite care worker, paid directly by individual’s family or guardian, to provide social and recreational experiences to the individual in, or outside of, the individual’s home. Currently, DCSOC policy reauthorizes the provision of agency-hired, agency-weekend, and self-hired respite care every 90 days, stipulates that certain respite care services are limited to a set number of service hours (60 hours for agency-hired and self-hired respite care and 75 hours for agency-weekend respite care), and requires the families of individuals under the age of 21 with a developmental disability receiving family support services to undergo an annual reapplication process to continue to receive such services. This bill would require the DCSOC to expand the authorization period for the provision of agency-hired, agency-weekend, and self-hired respite care from the current 90 days to 12 months, ensure that certain respite care services are not limited to a set number of service hours during each authorization period, and replaces the annual reapplication process with an annual reevaluation process of the family supports services provided by DCSOC to eligible individuals to afford families the flexibility to access respite care based on their specific needs.