reglab/housing_qa huggingface dataset:
NJ Rev Stat § 30:5B-6.2 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:5B-6.2 - License conditional upon check of child abuse records.

30:5B-6.2 License conditional upon check of child abuse records.  2. a. As a condition of securing a new or renewal license or approval, the division shall conduct a check of the division's child abuse records to determine if an incident of child abuse or neglect has been substantiated pursuant to section 4 of P.L.1971, c.437 (C.9:6-8.11), against any staff member of a child care center. b. The department shall not issue a regular license or approval to a center until the department determines that no staff member employed by or working at the center has a record of substantiated child abuse or neglect. c. The department shall deny, revoke or refuse to renew the center's license or approval, as appropriate, if the department determines that an incident of child abuse or neglect by an owner or sponsor of a center has been substantiated. L.1997,c.254,s.2; amended 2004, c.130, s.95.
NJ Rev Stat § 30:5B-6.3 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:5B-6.3 - Written consent for check of records.

30:5B-6.3 Written consent for check of records.  3. a. The staff member shall provide prior written consent for the division to conduct a check of its child abuse records. b. If the owner or sponsor of the center refuses to consent to, or cooperate in, the securing of a division child abuse record information check, the department shall suspend, deny, revoke or refuse to renew the center's license or approval, as appropriate. c. If a staff member of a center, other than the owner or sponsor, refuses to consent to, or cooperate in, the securing of a division child abuse record information check, the person shall be immediately terminated from employment at the center. L.1997,c.254,s.3; amended 2004, c.130, s.96.
NJ Rev Stat § 30:5B-6.4 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:5B-6.4 - Notification to division to conduct check of records; results

30:5B-6.4. Notification to division to conduct check of records; results  4. a. Within two weeks after a new staff member's employment, the owner or sponsor of a center shall notify the division to conduct a check of its child abuse records to determine if an incident of child abuse or neglect has been substantiated against the staff member. b. Until the results of the child abuse record information check on a new staff member have been received by the center owner or sponsor, the staff member shall not be left alone at the center caring for children. c. If the division determines that an incident of child abuse or neglect by the staff member has been substantiated, the division shall advise the center owner or sponsor of the results of the child abuse record information check and the center shall immediately terminate the person from employment at the center. L.1997,c.254,s.4.
NJ Rev Stat § 30:5B-6.5 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:5B-6.5 - Completion of check

30:5B-6.5. Completion of check  5. The division shall complete the child abuse record information check within 45 days after receiving the request for the check. L.1997,c.254,s.5.
NJ Rev Stat § 30:5B-6.6 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:5B-6.6 - Incidents considered.

30:5B-6.6 Incidents considered.  6. The department shall consider, for the purposes of this act, any incidents of child abuse or neglect that were substantiated on or after June 29, 1995, to ensure that perpetrators have had an opportunity to appeal a substantiated finding of abuse or neglect; except that the department may consider substantiated incidents prior to that date if the department, in its judgment, determines that the individual poses a risk of harm to children in a child care center. In cases involving incidents substantiated prior to June 29, 1995, the department shall offer the individual an opportunity for a hearing to contest its action restricting the individual from employment in a child care center. L.1997,c.254,s.6; amended 2004, c.130, s.97.
NJ Rev Stat § 30:5B-6.7 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:5B-6.7 - Rules, regulations pertaining to child abuse record information checks

30:5B-6.7. Rules, regulations pertaining to child abuse record information checks  7. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the department shall adopt rules and regulations necessary to implement the provisions of this act, including but not limited to: a. Procedures for centers to follow in submitting requests for child abuse record information checks on staff members; b. Implementation of an appeals process to be used in the case of a suspension, denial, revocation, or refusal to renew a license or approval based on a finding of substantiated child abuse or neglect; and c. Establishment of procedures for conducting a child abuse record information check and providing the center with the results of the check. L.1997,c.254,s.7.
NJ Rev Stat § 30:5B-6.8 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:5B-6.8 - Report to Governor, Legislature

30:5B-6.8. Report to Governor, Legislature  8. The Commissioner of Human Services shall report to the Governor and the Legislature no later than three years from the effective date of this act on the effectiveness of the child abuse record information checks in screening staff members and sponsors of child care centers. The commissioner shall include in the report recommendations for modifying the provisions of this act which he believes to be necessary and appropriate. L.1997,c.254,s.8.
NJ Rev Stat § 30:5B-6.9 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:5B-6.9 - Fee charged to staff member; disposition

30:5B-6.9. Fee charged to staff member; disposition  9. a. Notwithstanding the provisions of section 2 of P.L.1985, c.69 (C.53:1-20.6), a staff member subject to this act shall be charged a fee established by the department to help defray the cost to the State of the division's child abuse record information check. The center may use its own discretion in offering to pay or reimburse the staff member for the cost of the child abuse record information check. b. The money collected by the division for child abuse record information checks shall be deposited in a special fund and shall constitute dedicated revenues to be used as necessary by the division to effectuate the purpose of this act. L.1997,c.254,s.9.
NJ Rev Stat § 30:5B-6.10 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:5B-6.10 - Definitions relative to criminal history record background checks for child care center staff.

30:5B-6.10 Definitions relative to criminal history record background checks for child care center staff.  1. As used in sections 1 through 7 and 9 through 12 of P.L.2000, c.77 (C.30:5B-6.10 et seq.): "Child care center" or "center" means any facility which is maintained for the care, development, or supervision of six or more children under 13 years of age who attend the facility for less than 24 hours a day, and which is subject to State licensure or life-safety approval pursuant to P.L.1983, c.492 (C.30:5B-1 et seq.). "Department" means the Department of Children and Families. "Division" means the Division of Child Protection and Permanency in the Department of Children and Families. "Staff member" means a person 18 years of age or older who owns, sponsors, or directs a child care center, or who is employed by or works in a child care center on a regularly scheduled basis during the center's operating hours, including full-time, part-time, voluntary, contract, consulting, and substitute staff, whether compensated or not. L.2000, c.77, s.1; amended 2006, c.47, s.164; 2012, c.16, s.118.
NJ Rev Stat § 30:5B-6.11 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:5B-6.11 - Criminal history record background check required for licensure.

30:5B-6.11 Criminal history record background check required for licensure.  2. As a condition of securing or maintaining a license or life-safety approval, a child care center owner or sponsor shall ensure that a criminal history record background check is conducted on all staff members of the center. L.2000,c.77,s.2.
NJ Rev Stat § 30:5B-6.12 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:5B-6.12 - Noncompliance; penalties.

30:5B-6.12 Noncompliance; penalties.  3. a. If the owner or sponsor of the child care center refuses to consent to, or cooperate in, the securing of a criminal history record background check, the department shall suspend, deny, revoke or refuse to renew the center's license or life-safety approval, as appropriate. b. If a staff member of a child care center, other than the owner or sponsor, refuses to consent to, or cooperate in, the securing of a criminal history record background check, the person shall be immediately terminated from employment at the center. L.2000,c.77,s.3; amended 2004, c.130, s.98.
NJ Rev Stat § 30:5B-6.13 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:5B-6.13 - Request for criminal history record background check, time limits, restrictions upon employees.

30:5B-6.13 Request for criminal history record background check, time limits, restrictions upon employees.  4. a. In the case of a child care center established after the effective date of P.L.2000, c.77 (C.30:5B-6.10 et al.), the owner or sponsor of the center, prior to the center's opening, shall ensure that a request for a criminal history record background check on each staff member is sent to the Department of Human Services for processing by the Division of State Police in the Department of Law and Public Safety and the Federal Bureau of Investigation. A staff member shall not be left alone as the only adult caring for a child at the center until the criminal history record background has been reviewed by the department pursuant to P.L.2000, c.77 (C.30:5B-6.10 et al.). b. In the case of a child care center licensed or granted life-safety approval prior to the effective date of P.L.2000, c.77 (C.30:5B-6.10 et al.), the owner or sponsor of the center, at the time of the center's first renewal of license or life-safety approval next following that effective date, shall ensure that a request for a criminal history record background check for each staff member is sent to the department for processing by the Division of State Police and the Federal Bureau of Investigation.  c. Within two weeks after a new staff member begins employment at a child care center, the owner or sponsor of the center shall ensure that a request for a criminal history record background check is sent to the department for processing by the Division of State Police and the Federal Bureau of Investigation. A new staff member shall not be left alone as the only adult caring for a child at the center until the criminal history record background has been reviewed by the department pursuant to P.L.2000, c.77 (C.30:5B-6.10 et al.). d. In the case of child care centers under contract to implement early childhood education programs in school districts, the department shall ensure that a criminal history record background check is conducted on all current staff members as soon as practicable, but no later than six months after the effective date of P.L.2000, c.77 (C.30:5B-6.10 et al.). L.2000, c.77, s.4; amended 2004, c.130, s.99; 2007, c.260, s.77.
NJ Rev Stat § 30:5B-6.15 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:5B-6.15 - Termination of current staff member; exceptions.

30:5B-6.15 Termination of current staff member; exceptions.  6. a. If a staff member of a child care center is convicted of a crime specified in section 5 of P.L.2000, c.77 (C.30:5B-6.14) after the effective date of P.L.2000, c.77 (C.30:5B-6.10 et al.), the staff member shall be terminated from employment at, or ownership or sponsorship of, a child care center. b. For crimes and offenses other than those cited in section 5 of P.L.2000, c.77 (C.30:5B-6.14), an applicant or staff member may be eligible for employment at, or ownership or sponsorship of, a child care center if the department determines that the person has affirmatively demonstrated to the department clear and convincing evidence of the person's rehabilitation pursuant to subsection c. of this section.  c. In determining whether a person has affirmatively demonstrated rehabilitation, the following factors shall be considered: (1) the nature and responsibility of the position at the child care center which the convicted person would hold, has held or currently holds, as the case may be; (2) the nature and seriousness of the offense; (3) the circumstances under which the offense occurred; (4) the date of the offense; (5) the age of the person when the offense was committed; (6) whether the offense was an isolated or repeated incident; (7) any social conditions which may have contributed to the offense; and (8) any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of those who have had the person under their supervision. d. The department shall make the final determination regarding the employment of an applicant or staff member with a criminal conviction. L.2000,c.77,s.6; amended 2004, c.130, s.100.
NJ Rev Stat § 30:5B-6.16 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:5B-6.16 - Pending criminal charges notification.

30:5B-6.16 Pending criminal charges notification.  7. If a child care center owner or sponsor has knowledge that a staff member has criminal charges pending against the staff member, the owner or sponsor shall promptly notify the department to determine whether any action concerning the staff member is necessary in order to ensure the safety of the children who attend the center. L.2000,c.77,s.7; amended 2004, c.130, s.101.
NJ Rev Stat § 30:5B-6.17 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:5B-6.17 - Immunity from liability for child care center.

30:5B-6.17 Immunity from liability for child care center.  9. a. A child care center that has received an employment application from an individual or currently employs a staff member shall be immune from liability for acting upon or disclosing information about the disqualification or termination to another center seeking to employ that person if the center has: (1) received notice from the department that the applicant or staff member, as applicable, has been determined by the department to be disqualified from employment in a child care center pursuant to section 5 or 6 of P.L.2000, c.77 (C.30:5B-6.14 or C.30:5B-6.15); or (2) terminated the employment of a staff member because the person was disqualified from employment at the center on the basis of a conviction of a crime pursuant to section 5 or 6 of P.L.2000, c.77 (C.30:5B-6.14 or C.30:5B-6.15) after commencing employment at the center. b. A child care center which acts upon or discloses information pursuant to subsection a. of this section shall be presumed to be acting in good faith unless it is shown by clear and convincing evidence that the center acted with actual malice toward the person who is the subject of the information. L.2000,c.77,s.9; amended 2004, c.130, s.102.
NJ Rev Stat § 30:5B-6.18 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:5B-6.18 - Inapplicability of C.18A:6-7.1 et seq.

30:5B-6.18 Inapplicability of C.18A:6-7.1 et seq.  10. Notwithstanding the provisions of any other law to the contrary, the provisions of P.L.1986, c.116 (C.18A:6-7.1 et seq.) shall not apply to employees of a child care center licensed or life-safety approved by the Department of Human Services pursuant to P.L.1983, c.492 (C.30:5B-1 et seq.) if the center contracts with a school district to implement an early childhood education program. L.2000, c.77, s.10; amended 2007, c.260, s.78.
NJ Rev Stat § 30:5B-6.19 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:5B-6.19 - Report to Governor, Legislature.

30:5B-6.19 Report to Governor, Legislature.  11. The commissioner shall report to the Governor and Legislature no later than three years after the effective date of P.L.2000, c.77 (C.30:5B-6.10 et al.) on the effectiveness of the criminal history record background checks in screening applicants and staff members of child care centers. The commissioner shall include in the report recommendations for modifying the provisions of P.L.2000, c.77 (C.30:5B-6.10 et al.) that the commissioner deems to be necessary and appropriate.   L.2000,c.77,s.11.
NJ Rev Stat § 30:5B-6.20 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:5B-6.20 - Responsibilities of department.

30:5B-6.20 Responsibilities of department.  12. The department shall be responsible for the cost of processing and funding all criminal history record background checks required pursuant to P.L.2000, c.77 (C.30:5B-6.10 et al.). The department shall also be responsible for paying the cost of obtaining the fingerprints or other identifier authorized by the Division of State Police, unless that service is available at no cost to the employee or individual seeking employment.   L.2000,c.77,s.12.
NJ Rev Stat § 30:5B-6.21 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:5B-6.21 - Rules, regulations.

30:5B-6.21 Rules, regulations.  13. The commissioner shall adopt rules and regulations necessary to implement the provisions of this act in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). L.2000,c.77,s.13.
NJ Rev Stat § 30:5B-7 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:5B-7 - Temporary license; renewal; expiration

30:5B-7. Temporary license; renewal; expiration  If the department determines that, although in substantial compliance, a child care center does not meet all the applicable provisions of this act and the rules and regulations promulgated hereunder, but that the extent of the center's deviation from legal requirements is not deemed hazardous to the education, health, safety, general well-being, and physical and intellectual development of the children, the department may issue a temporary license which may be issued for a period up to six months. The department may renew the temporary license as often as it deems necessary; but no child care center may operate with a temporary license for more than a total of 18 months. L.1983, c. 492, s. 7.
NJ Rev Stat § 30:5B-8 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:5B-8 - Fees

30:5B-8. Fees  The commissioner shall establish a minimum fee to be paid by each child care center at the time of application for a license and at every renewal of a license. L.1983, c. 492, s. 8.
NJ Rev Stat § 30:5B-9 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:5B-9 - Denial, suspension, revocation or refusal to renew licenses

30:5B-9. Denial, suspension, revocation or refusal to renew licenses  The department may deny, suspend, revoke or refuse to renew a license for good cause, including, but not limited to: a. Failure of a child care center or its sponsor to comply with the provisions of this act; b. Violation of the terms and conditions of a license by a child care center or its sponsor; c. Use of fraud or misrepresentation by a child care center or its sponsor in obtaining a license or in the subsequent operation of the center; d. Refusal by a center or its sponsor to furnish the department with required files, reports or records; e. Refusal by a center or its sponsor to permit an inspection by an authorized representative of the department during normal operating hours; f. Any conduct, engaged in or permitted, which adversely affects or presents a serious hazard to the education, health, safety and general well-being and physical and intellectual development of a child attending the child care center, or which otherwise demonstrates unfitness to operate a child care center;  g. Failure to provide a developmental or age-appropriate program that meets the physical, social, emotional and cognitive needs of the children in the center as set forth by regulation; or   h. Failure of a child care center or its sponsor to comply with the provisions of section 1 of P.L.1998, c.35 (C.30:5B-5.3). L.1983, c. 492, s. 9; amended 1998,c.35,s.2..
NJ Rev Stat § 30:5B-10 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:5B-10 - Notice; hearing

30:5B-10. Notice; hearing  a. The department, before denying, suspending, revoking or refusing to renew a license, shall give notice to the sponsor personally, or by certified or registered mail to the last known address of the sponsor with return receipt requested. The notice shall afford the sponsor with an opportunity to be heard. The hearing shall take place within 60 days from the issuance or mailing of the notice and shall be conducted in accordance with the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.). b. If the center's license is suspended or revoked, the parent of a child in the center shall receive notice thereof personally and in writing, by the center's sponsor or operator. L.1983, c. 492, s. 10.
NJ Rev Stat § 30:5B-11 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:5B-11 - Injunctions

30:5B-11. Injunctions  The commissioner is authorized to institute a civil action in a court of competent jurisdiction for injunctive relief to enjoin the operation of a child care center whenever the commissioner determines that: a. There is an imminent danger or hazard that threatens the health and safety of children in the center; b. The center or its sponsor has repeatedly violated the provisions of this act; or c. A child care center has opened or is operating without a license or without complying with the provisions of this act. The commissioner may, in addition, request such other relief as is deemed necessary. In any such action the court may proceed in a summary manner. L.1983, c. 492, s. 11.
NJ Rev Stat § 30:5B-12 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:5B-12 - Review

30:5B-12. Review  Any person aggrieved by a final decision of the commissioner is entitled to seek judicial review in the Appellate Division of the Superior Court. All petitions for review shall be filed in accordance with the rules of the court. L.1983, c. 492, s. 12.
NJ Rev Stat § 30:5B-13 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:5B-13 - Violations; crimes of fourth degree

30:5B-13. Violations; crimes of fourth degree  Any person who operates or assists in the operation of a child care center which does not have a license or temporary license, or who has used fraud or misrepresentation in obtaining a license or in the subsequent operation of a center, or who offers, advertises or provides any service not authorized by a valid license or who violates any other provision of this act shall be guilty of a crime of the fourth degree. L.1983, c. 492, s. 13.