S2574

An Act concerning certain community-based residential programs and group homes and supplementing Title 30 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

“Community-based residential program” means a developmental center, supervised apartment, community care residence, nursing home or any other residential setting, which is licensed and regulated by the Department of Human Services.

“Group home” means a living arrangement that is operated in a residence or residences leased or owned by an individual licensed by the Department of Human Services; which provides the opportunity for individuals with developmental disabilities to live together in a home, sharing in chores and the overall management of the residence; and in which staff provides supervision, training, or assistance in a variety of forms and intensity as required to assist the individuals as they move toward independence.

“Resident” means any child or adult whose primary residence is a community-based residential program or group home that is operated by, or under contract with, the Department of Human Services.

2. a. During the public health emergency declared pursuant to P.L.2005, c.222 (C.26:13-1 et seq.) in response to the coronavirus disease 2019 (COVID-19), the Department of Human Services shall require the operator of a community-based residential program or group home to allow in-person visitation between a resident of the community-based residential program or group home and the resident’s immediate family members and legal guardian.

b. Each visitor of a resident of a community-based residential program or group home pursuant to subsection a. of this section shall be subject to all restrictions and limitations imposed by the department in response to the coronavirus disease 2019 (COVID-19), which may , but not limited to requiring each visitor to:

(1) undergo a complete screening for exposure to, or symptoms of the coronavirus disease 2019 (COVID-19);

(2) practice social distancing, including maintaining a six foot distance between the visitor and all residents and staff while in, or on the premises of, the community-based residential program or group home; and

(3) wear a non-medical facial covering while in, or on the premises of, the community-based residential program or group home.

3. The Department of Human Services, pursuant to the "Administrative Procedures Act," P.L.1968, c.410 (C.52:14B-1 et seq.) shall adopt rules and regulations necessary to effectuate the purposes of this act.

4. This act shall take effect immediately.

STATEMENT

This bill requires that during the public health emergency declared pursuant to P.L.2005, c.222 (C.26:13-1 et seq.) in response to the coronavirus disease 2019 (COVID-19), the Department of Human Services (DHS) would require the operator of a community-based residential program or group home to allow in-person visitation between a resident of the community-based residential program or group home and the resident’s immediate family members and legal guardian.

As used in the bill: “community-based residential program means a developmental center, supervised apartment, community care residence, nursing home or any other residential setting, which is licensed and regulated by the DHS; “group home” means a living arrangement that is operated in a residence or residences leased or owned by an individual licensed by the DHS; which provides the opportunity for individuals with developmental disabilities to live together in a home, sharing in chores and the overall management of the residence; and in which staff provides supervision, training, or assistance in a variety of forms and intensity as required to assist the individuals as they move toward independence; and “resident” means any child or adult whose primary residence is a community-based residential program or group home that is operated by, or under contract with, the DHS.

Specifically, the bill stipulates that each visitor of a resident of a community-based residential program or group home would be subject to all restrictions and limitations imposed by the DHS in response to the public health emergency, which may include, but not limited to, requiring each visitor to: undergo a complete screening for exposure to, or symptoms of COVID-19; practice social distancing, including maintaining a six foot distance between the visitor and all residents and staff while in, or on the premises of, the community-based residential program or group home; and wear a non-medical facial covering while in, or on the premises of, the program or home.