06-17-09 WARREN HOSPITAL v. NEW JERSEY DEPARTMENT OF HUMAN
SERVICES, DIVISION OF MENTAL HEALTH SERVICES
A-1261-07T2
We conclude that the involuntary psychiatric commitment
law, N.J.S.A. 30:4-27.1 to -27.23, does not require the
designated screening center that conducts psychiatric screening
services to be located in a hospital, so long as the statutorily
required psychiatric assessment is accomplished in a setting
where screening center staff can explore whether involuntary
psychiatric commitment is actually necessary. Despite the
absence of a statutory requirement, DHS promulgated a regulation
requiring screening services to be "physically located in a
hospital," and be "either directly operated by or formally
affiliated by written agreement with said hospital." N.J.A.C.
10:31-6.1(b). DHS also adopted a regulation, N.J.A.C. 10:31-
1.4, allowing waiver of this location requirement.
The location waiver issued to the screening service in
question was the result of a comprehensive and thoughtful
analysis of the relevant clinical and programmatic regulatory
criteria, and is not violative of the involuntary commitment
statutes. Because the statutes governing screening services do
not obligate a designated screening center to be physically
located in a hospital, issuance of the location waiver
constituted valid agency action, and was neither arbitrary nor
capricious.
Richard Sadowski
Assistant Editor
