Warren Hospital v. New Jersey Dep’t of Human Services, Division of Mental Health Services, A-1261-07T2; opinion by Baxter, J.A.D.; decided and approved for publication June 17, 2009. Before Judges Cuff, C.L. Miniman and Baxter. On appeal from the New Jersey Department of Human Services, Division of Mental Health Services. DDS No. 01-2-4196 [29 pp.]

The Family Guidance Center, as a designated psychiatric screening center, has provided screening and mental health services to Warren County residents since 1988, initially outside of a hospital setting and later, as a result of affiliation agreements with Warren Hospital, in the hospital emergency room. However, when the relationship between the two deteriorated, the center left the hospital and, pursuant to N.J.A.C. 10:31-1.4, sought a waiver of N.J.A.C. 10:31-6.1(b), a Department of Human Services regulation requiring screening services to be physically located in a hospital, to permit it to operate mobile screening services from July 1, 2005, through June 30, 2006.