PROPOSAL SECTION
HUMAN SERVICES
DIVISION OF DEVELOPMENTAL DISABILITIES
Notice of Withdrawal of Proposal
Determination of Eligibility and Contribution to Care and Maintenance Requirements
Proposed Amendments: N.J.A.C. 10:46-1.3, 2.1, 2.2 and 3.2
Proposed New Rules: N.J.A.C. 10:46-2.3 and 2.4
Take notice that on December 18, 2006, the Department of Human Services,
Division of Developmental Disabilities submitted to the Office of Administrative Law a
notice of proposal concerning amendments to N.J.A.C. 10:46-1.3, 2.1, 2.2 and 3.2 and
new rules N.J.A.C. 10:46-2.3 and 2.4, on the subject of determination of eligibility and
contribution to care and maintenance requirements. That notice was published in the
March 5, 2007 New Jersey Register at 39 N.J.R. 744(a).
Take further notice that on March 1, 2007, the New Jersey Supreme Court issued
its decision in T.H. v. Division of Developmental Disabilities (Dkt. No. A-114-2005)
which requires that aspects of the March 5, 2007 rule proposal be changed to conform
with the Supreme Court decision. As such, the Department is withdrawing the March 5,
2007 rule proposal and will repropose the rules at a later date after the Division of
Developmental Disabilities has had an opportunity to review the Court's decision.
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Jennifer Velez, Acting Commissioner Date