Periodicals:
The Law and Disability E-newsletter
- Summer 2022 – Community Connections, Workshops & Programs for Your Group, Legal Victories
- June 2020 – Special Olympics NJ Virtual Summer Games – Join in the Fun
- April 2020 – Health Care Rationing, What Will People with Disabilities Receive?
- March 2020 – Action Alert COVID and IDEA
- March 2020 – Congress Using COVID-19 to Strip Students with Disabilities of Access to Education
- November 2019 – Advocacy Effort Supporting Direct Service Professionals
- October 2019 – Committing to our Roots, School Observations, Successor Guardianship and more
- June 2018 – Alert – ABLE Accounts Now Available in New Jersey
- March 2017 – Decision Alert – Very Favorable US Supreme Court Decision in Special Education Case
- March 2017 – Important Alert – State Rental Assistance Program Enrollment Period
- October 2016: The Right to Vote in New Jersey and Pennsylvania
- September 2016: ABLE Accounts in PA, Working While Receiving SSI, When Parents Retire, and more.
Forms & Sample Documents:
Agency Forms & Resources
Department of Children and Families – Division of Children’s System of Care (CSOC)
The following forms and supporting materials are produced by the Department of Children and Families and are part of the application for eligibility for services provided through the Division of Children’s System of Care (CSOC). The firm posts them here as a resource for families and professionals.
- DCF Cover Letter to Parents and Guardians – Applying for Determination of Eligibility for Children with Developmental Disabilities
- DCF Documentation Checklist
- DCF Application for Determination of Eligibility for Children with Developmental Disabilities
- DCF Applicant Information Form
- DCF Adaptive Behavior/Health/Safety/Risk Summary (ABS/HSRS)
- DCF ABS/HSRS – Acknowledgement
- DCF Notice of HIPAA Privacy Practices regarding Protected Health Information
- DCF Notice of HIPAA Privacy Practices – Acknowledgement
- DCF Authorization for Disclosure of Health Information to Family and Involved Persons
- DCF Authorization for Release of Information
New Jersey Department of Human Services – Division of Developmental Disabilities
The following application package, produced by the New Jersey Department of Human Services’ Division of Developmental Disabilities, is required in order to apply for services and supports. This content was taken from the DDD Eligibility Application page at DHS/DDD’s website, and was current as of 9/30/18. It is posted here as a resource for families and professionals.
- Application for Eligibility-English (revised September 2018)
- Application for Eligibility-Spanish (DDD will have this application available soon)
The completed Application for Eligibility, including all signed forms and related documentation, must be mailed to the Community Services Office that serves the applicant’s county of residence, and addressed to Division of Developmental Disabilities Intake.
After DDD receives your completed Application for Eligibility, a staff person will contact you. The rest of the application materials will then be mailed to you.
You will need to provide DDD with extensive documentation. Some examples are:
- medical documentation of your disability
- your most recent psychological evaluation including the IQ score
- all available psychological reports
- Child Study Team or school reports
- neurological evaluations
- psychiatric evaluations
- speech/therapy evaluations
- copies of your birth certificate, social security and/or your Green Card or proof of U.S. citizenship.
A family member or other interested person can assist an individual in completing an application for DDD eligibility, although they cannot apply on the individual’s behalf.
Please note: A parent or legal guardian of a minor or the legal guardian of an adjudicated incapacitated adult may apply for services on the individual’s behalf. Please see review Division Circular #3 for more details.
Hinkle Prior & Fischer Publications
Below is a collection of publications authored by partners and associates at Hinkle, Prior & Fischer, some in collaboration with authors and experts in the community and at advocacy organizations in New Jersey and Pennsylvania.
- Guardianship in New Jersey for Adults with Developmental Disabilities – Many adults with developmental disabilities are able to make decisions for themselves, but when the person lacks capacity, he or she may need a surrogate decision-maker. This booklet answers common questions about the different ways available to legally empower one person to make decisions for someone who cannot make decisions for him or herself. © copyright Hinkle, Prior & Fischer, Attorneys at Law.
- Estate Planning for Families with a Child with a Disability – Proper estate planning is vital, especially for families of a person with a disability. This booklet explains how estate planning and the use of Wills, living wills, durable powers of attorney and Special Needs Trusts can help you. © copyright Hinkle, Prior & Fischer, Attorneys at Law.
- Special Education Overview – Every child with a disability between the ages of 3 and 21 is entitled to a Free, Appropriate Public Education (FAPE) tailored to meet his or her individual needs, at no cost to the child’s parents. This right to special education is described in the Individuals with Disabilities Education Improvement Act (IDEA). Special education rights are not self-enforcing, and parents should not rely upon the good faith of school districts to carry out what the law requires. Even the best school district may incorrectly assess a child’s needs or let economics dictate the decisions it makes. © copyright Hinkle, Prior & Fischer, Attorneys at Law.
- Eligibility and Services from The Department of Children and Families for Children with Developmental Disabilities – On January 1, 2013 the Division of Children’s System of Care (CSOC) under the Department of Children and Families (DCF) assumed responsibility for determining eligibility and providing services for children and young adults with developmental disabilities under the age of 21. This booklet helps make parents aware of the new rules and ensure that continued appropriate services are provided to their child. © copyright Hinkle, Prior & Fischer, Attorneys at Law.
- Eligibility for Adult Services from the New Jersey Division of Developmental Disabilities – Within the New Jersey Department of Human Services, the Division of Developmental Disabilities (DDD) provides and funds services for New Jersey residents with developmental disabilities. Supports and services are provided by more than 280 community-based organizations — most of them non-profits — as well as several state institutions called developmental centers. More than 42,000 individuals are eligible to receive services funded by DDD, most of whom live at home with their family, or in a community residence such as a group home or supervised apartment. © copyright Hinkle, Prior & Fischer, Attorneys at Law.
- Options For Achieving Medicaid Eligibility For Individuals With Developmental Disabilities: The Importance of Maintaining Medicaid Eligibility – The New Jersey Division of Developmental Disabilities (DDD) is the state agency responsible for funding services for adults, age 21 and over, with developmental disabilities such as autism, cerebral palsy, Down syndrome, epilepsy, intellectual disabilities and other related conditions. DDD has changed the way it does business. This booklet explains how, and why Medicaid Eligibility is crucial to obtaining DDD services. © copyright Hinkle, Prior & Fischer, Attorneys at Law.
- The Playbook on the New Jersey Sports Legislation – On June 19, 2014, Governor Christie signed legislation regarding the inclusion of students with disabilities in athletic activities (N.J.S.A. 18A:11-3.5 et seq.). This historic law is effective in the 2015-2016 school year. Maria Fischer, Esq. and S. Paul Prior, Esq. authored this article as part of a Special Olympics New Jersey informational bulletin on inclusive sports and its Play Unified School Partnership.
- Planning the Transition from School to Adult Life – Transition planning provides a framework for identifying long-range post-graduation goals, and the services and strategies that will help students make the shift from school to adult life. This booklet, produced for Autism New Jersey’s 2014 Transition Conference, provides answers to parents’ questions about the transition planning process, parental rights and responsibilities, and ways to optimize transition services.
- Health Care Advocacy Across the Lifespan: What Parents of Children with Disabilities Need to Know
An advocacy guide for parents to help them plan for and advocate effectively for health care services over their child with disabilities’ lifespan. Includes information about private and public health care insurance plans, rights and responsibilities, and appeal strategies and processes; © copyright Hinkle, Prior & Fischer, Attorneys at Law. - Estate Planning: Preserving wealth for your beneficiaries, and ensuring that end-of-life decisions are carried out according to your wishes.
A brochure describing the basics of estate planning; © copyright Hinkle, Prior & Fischer, Attorneys at Law. - Changes to Your Child’s Special Education Program: What Parents Need to Know
A brochure describing children with disabilities’ and parents’ basic rights and responsibilities related special education placements. Focuses on the “Stay Put” rule and what parents need to know when changes in special education placement are made; © copyright Hinkle, Prior & Fischer, Attorneys at Law. - Legal Considerations in Planning for Individuals with Autism Spectrum Disorders: A Guide for Siblings and Other Caregivers, 2nd edition
Provides a broad consideration of children’s and adult services, guardianship, estate planning, and other legal issues for siblings and other non-parental care-givers; © copyright Hinkle, Prior & Fischer, Attorneys at Law. - Understanding Your Health Care Insurance and Appeal Rights
In collaboration with Special Olympics New Jersey, Hinkle, Prior & Fischer has authored a new guide to help parents understand health coverage and appeal rights, and minimize financial responsibility. © copyright Hinkle, Prior & Fischer, Attorneys at Law. - Divorce and Legal Separation: Special Legal Considerations When There is a Child with Disabilities.
Divorce agreements can unintentionally make a disabled child ineligible for services and benefits. Therefore, special consideration is necessary to protect the interests of a disabled child. © copyright Hinkle, Prior & Fischer, Attorneys at Law. - What Grandparents Can Do to Help Plan for the Future of a Grandchild with Disabilities
A guide to help grandparents and other relatives make prudent decisions supporting their grandchildren with disabilities; © copyright Hinkle, Prior & Fischer, Attorneys at Law. - Pennsylvania Guide to Planning for Siblings and Other Family Members (2nd Edition)
S. Paul Prior, Esq. has authored a guide for Pennsylvania siblings and other care givers who are planning for the future of their loved ones with disabilities; © copyright Hinkle, Prior & Fischer, Attorneys at Law. - Planning the Transition from School to Adult Life
Collaborating with ASAH, a not-for-profit organization of private schools and agencies in New Jersey, Herb Hinkle and Dorothy Van Horn, Executive Director of Brookfield Schools, authored this important new guide to transition services for students with disabilities; © copyright Hinkle, Prior & Fischer, Attorneys at Law. - New Jersey Guide to Planning for Siblings and Other Family Members
Collaborating with Planned Lifetime Assistance Network of New Jersey, S. Paul Prior, Esq. has authored a guide for New Jersey siblings and other care givers who are concerned about how their siblings’ needs will be met after their parents are no longer able to care for them; © copyright Hinkle, Prior & Fischer, Attorneys at Law. - High Court Clears Way for More Assistance
Jonathan Tamari, Gannett State Bureau/Asbury Park Press: March 3, 2007 - Justices reject limits on aid to developmentally disabled
Rick Hepp; Newark Star Ledger/nj.com; March 2, 2007. - Community-Based Services and Supports for Adults with Intellectual Disabilities
S. Paul Prior, Esq.; published for the Arc of New Jersey, copyright Hinkle, Prior & Fischer, Attorneys at Law; © copyright Hinkle, Prior & Fischer, Attorneys at Law. - Herb Hinkle, Thirty Years of Legal Advocacy
Jonathan Jaffe: Families, Spring 2006, published by the New Jersey Council on Developmental Disabilities - Legal Considerations in Planning for Individuals with Disabilities: A Guide for Siblings
Published for the Arc of New Jersey, copyright Hinkle, Prior & Fischer, Attorneys at Law; © copyright Hinkle, Prior & Fischer, Attorneys at Law. - Adults with Autism: The COSAC (Now Autism NJ) Guide to Services and Supports in New Jersey
Leslie Long, and Herbert D. Hinkle, Esq., published for the New Jersey Center for Outreach and Services to the Autism Community; © copyright Hinkle, Prior & Fischer, Attorneys at Law.
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Hinkle, Prior, Fischer & Oberweis attorneys are available to speak to your organization or constituents on a wide variety of relevant disability topics. 