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Trenton, NJ 08625-0360

For Release:
November 07, 2011

Mary E. O'Dowd, M.P.H.

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Office of Communications
(609) 984-7160

DHSS Proposes New Rules at N.J.A.C. 8:89 Governing Adult Protective Services


The Adult Protective Services Program of the Division of Aging and Community Services in the Senior Services and Health Systems Branch of the Department of Health and Senior Services (Department) is proposing new rules at N.J.A.C. 8:89, governing Adult Protective Services (APS).  The notice of proposal appears in the November 7, 2011 issue of the New Jersey Register.  LexisNexis® provides free on-line public access to the New Jersey Administrative Code and the New Jersey Register at


            The proposed new rules would implement the Adult Protective Services Act (Act) codified at N.J.S.A. 52:27D-406 et seq.  Pursuant to Reorganization Plan No. 001-1996 (Whitman, May 2, 1996), the Department is responsible for the Statewide APS Program. The Act directs the Commissioner to promulgate rules necessary to carry out the purposes of this Act.  The proposed new rules would fulfill this statutory requirement. 


            The proposed new rules at N.J.A.C. 8:89 would set forth the standards and establish a framework for administration of the Statewide APS Program to help abused, neglected and exploited adults that reside in community settings and who are unable to protect themselves.  For example, the proposed new rules at N.J.A.C. 8:89 would establish the standards for designation of APS provider agencies, funding for APS Programs, certification and training of APS workers, receiving referrals, client investigation and intervention, service provision, confidentiality of information collected by APS workers, maintaining a central registry database, monitoring by the State Coordinator, reporting, termination of services and filing for guardianship or conservatorship when necessary.  The proposed new rules at N.J.A.C. 8:89 would also set forth the requirements for the State Coordinator’s audit of each APS provider agency, processing complaints about the APS Program and mandatory reporting of suspected abuse, neglect or exploitation of an alleged vulnerable adult by identified professionals.


            The public has until January 6, 2012 to comment on the notice of proposal.  Persons wishing to comment on the proposal must submit their comments in writing through regular mail to, Devon L. Graf, Director, Office of Legal and Regulatory Compliance, Office of the Commissioner, Department of Health and Senior Services, PO Box 360, Trenton, NJ 08625-0360.  Written comments on the proposal must be postmarked on or before January 6, 2012, which is the close of the 60-day public comment period.



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