The waiting list system shall consist of three categories; urgent, non-urgent and not requested at this time, as follows:

1. The URGENT CATEGORY will be assigned when the individual is in need of placement because he or she is determined to be at significant risk.
   
   
   1. Assignment to the urgent category may be requested by the individual, his or her legal guardian, or caregiver. The PRT shall determine if the criteria for assignment to this category, as provided below, have been met.
      
      
   2. The urgent category may be assigned only when the individual or legal guardian would accept his or her preferred service if it were offered. In the case of children, the requirements of N.J.A.C. 10:46C 1.9 shall apply.
      
      
   3. Satisfaction of one or more of the following criteria shall create a presumption that the individual is at significant risk:
      
      
      1. Both of the birth or adoptive parents are 55 years or older;
         
         
      2. The individual is living with a person other than the birth or adoptive parents who is providing the service voluntarily and without pay and the person who has been providing care indicates that he or she can no longer care for the person with a developmental disability;
         
         
      3. There is a clear risk of abuse, neglect or exploitation;
         
         
      4. Either of the birth or adoptive parents is under age 55 and has chronic and/or long term physical or psychiatric condition(s) which limits significantly his or her ability to care for the individual with a developmental disability.
         
         
      5. Either of the birth or adoptive parents is under age 55 and there is a risk to the health or safety of the individual, parent or other individual living in the home due to either of the following conditions:
         
         
         1. The individual's behavior(s) presents a risk to self or others which cannot be effectively managed by the parents even with generic or specialized support arranged or provided by the Division; or
            
            
         2. There are physical care needs (such as lifting or bathing) or medical needs which cannot be managed by the parent, even with generic or specialized supports arranged or provided by the Division.
      
      
   4. Assignment shall be made based on the date the written request was made.
   
   
2. The NON-URGENT CATEGORY, when requested by an individual or his or her guardian or caregiver, shall be assigned by the Division under the following conditions:
   
   
   1. Placement is expected to be needed within two years. Assignment to this category shall be made only if the individual would accept his or her preferred service if it were offered.
      
      
   2. Assignment to this category shall be made by the Division at the request of the individual, his or her legal guardian, or the caregiver.
      
      
   3. Assignment to this category is made as of the date assignment is requested in writing.
   
   
3. "PLACEMENT NOT REQUESTED AT THIS TIME" shall be assigned by the Division under the following conditions:
   
   
   1. Assignment to this category shall be made if placement is not desired or needed now but is anticipated at some time beyond two years.
      
      
   2. Assignment to this category shall be at the request of the individual, legal guardian, or voluntary caregiver who is not the birth or adoptive parent. Division staff shall have no decision making role in the assignment of this category.
      
      
   3. Assignment to this category shall be made based on the date the written request is made.