The agency proposal follows:

Summary

Pursuant to Executive Order No. 66(1978), N.J.A.C. 10:133E is scheduled to expire May 19, 2002. The Division of Youth and Family Services has reviewed these rules and determined them to be necessary, reasonable, and proper for the purpose for which they were originally promulgated, as required by Executive Order No. 66(1978).

These rules were originally developed by the Division with the advice of the Operations Policy to Rules (OPTR) Group. The Division instituted the OPTR Group to advise the Division on the development of rules.

The purpose of these rules is to state for the public which services the Division shall provide to every eligible client and which services the Division shall consider providing. In addition, these services are the ones identified in N.J.A.C. 10:120A-1.3 as the services for which a denial, reduction, suspension, or termination results in a Division service issue. Applicants and clients can appeal a denial, reduction, suspension, or termination of a Division service issue.

The services in this chapter are also the services identified by reference in N.J.A.C. 10:133C-2, as the services for which eligibility is determined.

The summary of the rules follows:

N.J.A.C. 10:133E-1.1 states the purpose of the chapter.

N.J.A.C. 10:133E-1.2 states the scope of the chapter.

N.J.A.C. 10:133E-1.3 references the definitions used in this chapter.

N.J.A.C. 10:133E-1.4 states how services are available.

N.J.A.C. 10:133E-2.1 states the services the Division is required to provide.

N.J.A.C. 10:133E-2.2 states the services the Division considers when developing a case plan.

This proposed readoption falls within the exception to the rulemaking calendar requirements pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

The Division’s assessment of the impact of the rules on the applicants and clients of the Division is positive. This information is helpful to those who want a service from the Division because it informs them of what services are available and under what circumstances they are available.

In 1999, the Division received 77,921 referrals and applications for services. On September 7, 2001, the Division provided services to or on behalf of 51,547 children. These rules may be applicable to each child for whom a referral or application is received. They do cover each child for whom services are provided.

Economic Impact

These rules have no economic impact on the Division, its funding sources, or its applicants and clients. These rules do not require the Division to provide any services which are not already part of the Division’s usual practice and included in the Division’s budget.

Federal Standards Statement

The rules proposed for readoption are not subject to any Federal standards or requirements. Therefore, a Federal standards analysis is not required for this rulemaking.

Jobs Impact

The Division does not expect that the proposed readoption of rules will result in the generation or loss of any jobs.

Agriculture Impact Statement

The rules proposed for readoption have no impact on the agriculture industry.

Regulatory Flexibility Statement

The rules proposed for readoption do not impose any reporting, recordkeeping, or other compliance requirements, as defined by N.J.S.A. 52:14B-16 et seq. Neither the Division nor its applicants and clients are small businesses. While a service agency may be a small business, these rules require no reporting or recordkeeping for anyone. Therefore, a regulatory flexibility analysis is not necessary. These rules state the services which the Division shall provide and shall consider for clients.

Full text of the proposed readoption may be found in the New Jersey Administrative Code at N.J.A.C. 10:133E.

Gwendolyn L. Harris,

Commissioner

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