The Waiting List for Residential Services in New Jersey
By S. Paul Prior, Esq.
In November 2008, the New Jersey Division of Developmental Disabilities
(“DDD”) sent letters to every individual on the Priority Category of the waiting list for
residential services advising them of their waiting list number. If your child’s name is
on the Priority category of the waiting list, you should have received your letter by now.
Many families mistakenly believe they are on the Priority category of the waiting list. If
you have not received a letter from DDD by now, then your child is not on the list.
The waiting list for residential services in New Jersey is sorted into three
categories: the “Priority” Category, the “Priority Deferred” Category, and the “General” Category.
The Priority Category of the waiting list is the only category that moves. Therefore, it is
vitally important for families to have their child’s name added to the Priority Category of the
list whenever possible. If you believe that you should have received a letter notifying you of
your waiting list position and did not, then you should contact DDD immediately. In a limited
number of cases handled by this office, where DDD failed to place an individual’s name in the
Priority Category, we have helped families get names added retroactively.
You can ask DDD to place your child’s name on the Priority Category of the
waiting list when the youngest parent turns fifty-five years old. However, there are exceptions
to this rule, which allow a child’s name to be added to the list sooner. The Division will take
certain factors into consideration, such as challenging behaviors of the child, the health of
the parents, and the presence of more than one child with a disability in the home, just to name
a few. We have assisted many families in getting their child’s name added to the Priority Category
under these circumstances.
Although the waiting list is very long, it is important for parents to prepare
early. Parents should not shy away from requesting addition to the list, as many years will pass
before the child’s name reaches the top. As a result, it is important for parents to act now even
though they might not be ready for residential placement for years to come.
Finally, in some circumstances, a child can receive residential services from
DDD when an “emergency” exists such as when the child is about to become homeless. In other
circumstances, local school districts can be held responsible to provide a residential educational
placement for a student under the age of twenty-one.
Hinkle,
Fingles, & Prior maintains a multi-state law practice
with offices in Lawrenceville, Marlton, and Florham
Park, New Jersey, and Plymouth Meeting and Bala Cynwyd,
Pennsylvania. They lecture and write frequently on
topics of law, aging, disability and estate planning
and are available
to speak to groups in New Jersey
and Pennsylvania at no charge.
Comments
and suggestions for future articles should be mailed
to: Hinkle, Fingles & Prior, Attorneys at Law,
2651 Main Street, Suite A, Lawrenceville, New Jersey
08648-1012.
Copyright
2009 Hinkle, Fingles & Prior, Attorneys at Law. All rights reserved.
