Terms Used In New Jersey Statutes 30:4-107.3

  • Commissioner: means the Commissioner of Human Services. See New Jersey Statutes 30:1-1
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
77. Discharge of individuals admitted to and continuing to receive functional services without an order of the court shall be effected under the following circumstances:

(1) upon written application by the parent or guardian of the person of a minor or by the guardian of the person of an adult;

(2) upon written application by the person with a developmental disability on his own behalf, after receiving services on his own application or request;

(3) upon determination by the commissioner or his designated agent that functional services of the department are no longer required;

(4) upon attainment of the age of 21 years in the absence of a valid request for continuation of functional services; or

(5) upon determination by the commissioner that no condition of developmental disability exists.

Discharge of individuals under the circumstances described in class (1) and (2) of this section shall be effected as promptly as practicable, under rules promulgated by the Department of Health and Senior Services.

L.1965, c.59, s.77; amended 2010, c.50, s.44.