reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4J-11 - Definitions relative to family health care coverage.

30:4J-11 Definitions relative to family health care coverage.
4. As used in this act:
"Commissioner" means the Commissioner of Human Services.
"Department" means the Department of Human Services.
"Medicaid" means the New Jersey Medical Assistance and Health Services Program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).
"NJ FamilyCare" or "program" means the NJ FamilyCare Program established pursuant to sections 3 through 5 of P.L.2005, c.156 (C.30:4J-10 through C.30:4J-12).
"Poverty level" means the official federal poverty level based on family size, established and adjusted under Section 673(2) of Subtitle B, the "Community Services Block Grant Act," Pub.L.97-35 (42 U.S.C. s.9902(2)).
"Qualified applicant" means:
a. a child under 19 years of age: (1) whose family gross income does not exceed 350% of the poverty level; (2) who has no health insurance, as determined by the commissioner, and is ineligible for Medicaid; (3) who is a resident of this State; and (4) who is a citizen of the United States, or has been lawfully admitted for permanent residence into and remains lawfully present in the United States;
b. a parent or caretaker: (1) whose gross family income does not exceed 200% of the poverty level; (2) who has no health insurance, as determined by the commissioner, and is ineligible for Medicaid; (3) who is a resident of this State; and (4) who is a citizen of the United States, or has been lawfully admitted for permanent residence into and remains lawfully present in the United States; and
c. a single adult or couple without dependent children: (1) whose family gross income does not exceed 100% of the poverty level; (2) who is enrolled in NJ FamilyCare on the effective date of P.L.2005, c.156 (C.30:4J-8 et al.) and is ineligible for Medicaid; (3) who is a resident of this State; and (4) who is a citizen of the United States, or has been lawfully admitted for permanent residence into and remains lawfully present in the United States.
L.2005, c.156, s.4; amended 2008, c.38, s.3.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4J-11.1 - Application for waiver.

30:4J-11.1 Application for waiver.
5. The Commissioner of Human Services shall apply for such waivers as may be necessary to implement the provisions of section 4 of P.L.2005, c.156 (C.30:4J-11) and to secure federal financial participation for NJ FamilyCare expenditures under the State Children's Health Insurance Program pursuant to 42 U.S.C.s.1397aa et seq.
L.2008, c.38, s.5.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4J-12.1 - NJ FamilyCare Program, high deductible contract prohibited.

30:4J-12.1 NJ FamilyCare Program, high deductible contract prohibited.
21. The Commissioner of Human Services shall not utilize or establish any contract that provides for a deductible which qualifies the contract as a high deductible health plan for which qualified medical expenses are paid using a health savings account established pursuant to section 223 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.223) in the implementation and operation of the NJ FamilyCare Program, established pursuant to sections 3 through 5 of P.L.2005, c.156 (C.30:4J-10 through C.30:4J-12).
L.2005,c.248,s.21.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4J-12.2 - NJ FamilyCare Program to provide coverage for hearing aids for certain persons aged 15 or younger.

30:4J-12.2 NJ FamilyCare Program to provide coverage for hearing aids for certain persons aged 15 or younger.
11. The Commissioner of Human Services shall ensure that every contract for health care services under the NJ FamilyCare Program established pursuant to sections 3 through 5 of P.L.2005, c.156 (C.30:4J-10 through C.30:4J-12), entered into on or after the effective date of this act, provides benefits for medically necessary expenses incurred in the purchase of a hearing aid for a covered person 15 years of age or younger, as provided in this section.
The benefits shall include the purchase of a hearing aid for each ear, when medically necessary and as prescribed or recommended by a licensed physician or audiologist. The commissioner may limit the benefit provided in this section to $1,000 per hearing aid for each hearing-impaired ear every 24 months in any of the NJ FamilyCare Program plans, and may provide, when applicable, that a covered person may choose a hearing aid that is priced higher than the benefit payable under this section and may pay the difference between the price of the hearing aid and the benefit payable under this section, without financial or contractual penalty to the provider of the hearing aid.
L.2008, c.126, s.11.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4J-13 - Terms deemed to mean, refer to NJ Family Care Program.

30:4J-13 Terms deemed to mean, refer to NJ Family Care Program.
6. Whenever the terms "Children's Health Care Coverage Program," "NJ KidCare," "FamilyCare Health Coverage Program" or "NJ FamilyCare" occur or any reference is made thereto in any law, contract or document, the same shall be deemed to mean or refer to the NJ FamilyCare Program established pursuant to P.L.2005, c.156 (C.30:4J-8 et al.).
L.2005,c.156,s.6.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4J-14 - Reports by Commissioner of Human Services; requirements.

30:4J-14 Reports by Commissioner of Human Services; requirements.
11. The Commissioner of Human Services shall report to the Chairman of the Senate Health, Human Services and Senior Citizens Committee and the Chairmen of the Assembly Health and Human Services and Assembly Family, Women and Children's Issues committees on the implementation of this act.
The commissioner shall issue an interim report six months after the effective date of this act and shall issue an annual report six months later and once each year thereafter.
The report shall include the number of persons who are enrolled in the Medicaid and NJ FamilyCare programs pursuant to the provisions of this act, the cost of providing coverage for these persons, the status of any Medicaid plan amendments or waivers necessary for implementation of this act, the status of implementing the enrollment simplification practices for both the NJ FamilyCare and Medicaid programs, and such other information as the commissioner deems appropriate. The commissioner may also include any recommendations for legislation he deems necessary to further the purposes of this act.
L.2005,c.156,s.11.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4J-15 - Funding for increased Medicaid eligibility.

30:4J-15 Funding for increased Medicaid eligibility.
15. a. Funding to carry out the expansion of eligibility in the Medicaid program as provided in this act shall include monies made available to the State from pharmaceutical manufacturers who agree to provide rebates to the State in the Work First New Jersey General Assistance program pursuant to section 14 of P.L.2005, c.156 (C.44:8-159). Amounts received as rebates under rebate agreements entered into pursuant to that section are appropriated to the Department of Human Services for the support of the Medicaid expansion.
b. Any unexpended balances for the NJ FamilyCare Program shall be appropriated to carry out the purposes of this act. Any transfer of NJ FamilyCare appropriations to other accounts shall be subject to the approval of the Joint Budget Oversight Committee.
L.2005,c.156,s.15.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4J-16 - Rules, regulations.

30:4J-16 Rules, regulations.
16. The commissioner, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act. The rules and regulations shall provide for a transition from enrollment in the NJ FamilyCare program to the Medicaid program of parents or caretaker relatives who become eligible for Medicaid in 2006 as a result of the changes in the Medicaid income eligibility levels provided for in this act.
L.2005,c.156,s.16.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4J-17 - Annual report on Access to Employer-Based Health Insurance; contents.

30:4J-17 Annual report on Access to Employer-Based Health Insurance; contents.
1. The Commissioner of Human Services, in consultation with the Commissioners of Health, Labor and Workforce Development, and Banking and Insurance, as appropriate, shall prepare, to the extent data are available, an annual report on Access to Employer-Based Health Insurance, as provided in this act.
a. The report shall include the following information about each employer in the State with an aggregate of 50 or more NJ FamilyCare enrollees or Medicaid recipients:
(1) the employer's name and address, unless the employer has more than one work site, in which case the employer's name and the number of work sites and the counties in which the work sites are located;
(2) the number of NJ FamilyCare enrollees and Medicaid recipients who are employed by the employer;
(3) the number of NJ FamilyCare enrollees and Medicaid recipients who are spouses or dependents of employees of the employer;
(4) whether the employer offers health insurance coverage to its employees; and
(5) the cost to the State of providing NJ FamilyCare and Medicaid coverage for the employer's employees and their dependents.
The commissioner may include comparable information about recipients of other public health care coverage programs, and such other information as the commissioner deems appropriate regarding employer-based coverage for persons covered under public insurance programs.
The commissioner shall also include the information compiled by the Commissioner of Health concerning recipients of charity care pursuant to section 2 of P.L.2006, c.87 (C.26:2H-18.55a). With respect to the information provided by the Commissioner of Health, the commissioner, in consultation with the Commissioners of Labor and Workforce Development and Banking and Insurance, shall ascertain whether the employer of a recipient of charity care offers health insurance coverage to its employees. The commissioner shall include that information about employers in the report.
In addition, the commissioner may make any recommendations the commissioner deems appropriate for legislative action.
b. The report shall not include the name of any NJ FamilyCare enrollee or Medicaid recipient or any family member of an enrollee or recipient.
c. The commissioner shall submit the report by September 1 of each year to the Governor and the chairmen of the Senate and Assembly standing reference committees on human services, health, and appropriations.
L.2006, c.87, s.1; amended 2012, c.17, s.396.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4J-18 - Enhanced outreach, enrollment initiative for certain programs.

30:4J-18 Enhanced outreach, enrollment initiative for certain programs.
26. The Commissioner of Human Services shall establish an enhanced NJ FamilyCare outreach and enrollment initiative to increase public awareness about the availability of, and benefits to enrolling in, Medicaid, NJ FamilyCare, and the NJ FamilyCare Advantage buy-in programs. The initiative shall be coordinated with any outreach efforts implemented pursuant to subsection h. of section 5 of P.L. 2005, c.156 (C.30:4J-12) or related to enrollment in the State's health insurance Exchange established pursuant to the federal "Patient Protection and Affordable Care Act," Pub.L.111-148, as amended by the "Health Care and Education Reconciliation Act of 2010," Pub.L.111-152, and shall include:
a. providing input to the Commissioner of Banking and Insurance for the provision of training to Exchange enrollment assistors, and, as determined by the commissioner, the provision of training to local officials and any other pertinent staff on the eligibility requirements of the NJ FamilyCare program and how to enroll children in the program;
b. culturally sensitive, Statewide and local media public awareness campaigns addressing the availability of health care coverage for parents and children under the Medicaid and NJ FamilyCare programs and health care coverage for children under the NJ FamilyCare Advantage buy-in program; and
c. the provision of training and support services, upon request, to community groups, legislative district offices, and community-based health care providers to enable these parties to assist in enrolling parents and children in the applicable programs.
L.2008, c.38, s.26; amended 2021, c.132, s.2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:5B-2 - Findings

30:5B-2. Findings
2. The Legislature finds that it is in the public interest to license and regulate child care programs and facilities in order to insure the continuous growth and development of children. The Legislature further finds that comprehensive child care programs are of value to the health, safety, education, physical, social and intellectual growth and general well-being of the children served and that the programs strengthen and supplement the family unit. The Legislature further finds that child care programs provide places for preventive health measures, early detection of illnesses and handicaps and development of special talents and interests. The Legislature further finds that the State and parents have a responsibility in the education of children and that the role of the teacher as caregiver is essential to the continuous development of children. The Legislature further finds that experience indicates that the development of child care centers should be encouraged, whether publicly or privately supported, to provide a full range of services benefiting the child, parent and community and that there is a great need for expansion of existing centers and for the establishment of additional centers and other child care programs.
L.1983,c.492,s.2; amended 1992,c.95,s.1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:5B-4 - Licensing of child care centers.

30:5B-4 Licensing of child care centers.
4. No person shall conduct, maintain or operate a child care center unless a license has been obtained from the department pursuant to the terms of this act. A separate license shall be obtained for each location. The license shall be posted and displayed by the sponsor at all times in a prominent location within the center. No license issued pursuant to this act shall be transferable. A change in the sponsor of a licensed child care center shall require notification to the department within 14 calendar days and reapplication for licensure.
L.1983,c.492,s.4.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:5B-5.1 - Issuance of certificate of approval

30:5B-5.1. Issuance of certificate of approval
6. a. The department shall issue a certificate of approval to those centers meeting the requirements set forth in this section.
b. A center shall be required to comply only with physical facility and life or safety requirements of the department's regulations and with the requirements for administration and control of medication, environmental sanitation and reporting communicable diseases when a center:
(1) Operates on a seasonal or short-term basis for eight weeks or less and does not offer a continuous program that extends across the three-year period of licensure; or
(2) Was operating on or before May 16, 1984 and was exempt from the licensing provisions because it was operated by an aid society of a properly organized and accredited church.
c. A center certified pursuant to this section shall be exempt from the other rules and regulations for the operation and maintenance of child care centers promulgated pursuant to section 5 of P.L.1983, c.492 (C.30:5B-5).
d. Nothing shall prevent a center exempted under this section from securing a regular license on a voluntary basis.
L.1992,c.95,s.6.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:5B-5.2 - Radon testing in child care centers, requirements, exceptions

30:5B-5.2. Radon testing in child care centers, requirements, exceptions
1. a. Except as provided in subsection c. of this section, within six months of the effective date of this act, the owner of any building in which a child care center licensed pursuant to the provisions of P.L.1983, c.492 (C.30:5B-1 et seq.) is located shall test or cause to be tested the space in the building in which the child care center is located for the presence of radon gas and radon progeny. The test shall be conducted at least once every five years. If the building has been tested less than five years prior to the effective date of this act, then the test shall be performed within five years of that test and once every five years thereafter.
b. The provisions of section 4 of P.L.1986, c.83 (C.26:2D-73) to the contrary notwithstanding, any owner of a building who tests for the presence of radon gas and radon progeny pursuant to this act or who has performed the test within five years prior to the effective date of this act shall post, within 30 days of the completion of the testing procedures, or within 30 days of the effective date of this act if the test has been performed prior thereto, the results of the test, and any measures taken or proposed to mitigate the presence of radon gas or radon progeny, at a location in the building which is readily visible to persons having responsibility for any child that attends the child care center.
c. The provisions of P.L.1997, c.44 (C.30:5B-5.2)shall not apply to a child care center operated by a nonprofit organization in a public school building used as a public school, until September 1, 2001.
L.1997,c.44,s.1; amended 2000, c.122, s.1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:5B-5.4 - Regulations adopted by Commissioner of Children and Families relative to children's health care coverage.

30:5B-5.4 Regulations adopted by Commissioner of Children and Families relative to children's health care coverage.
5. The Commissioner of Children and Families, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt regulations to provide for the implementation by licensed child care centers, registered family day care homes, and unified child care agencies of such procedures as the commissioner deems necessary to effectuate the purposes of subsection f. of section 4 of P.L.1997, c.272 (C.30:4I-4).
L.1999, c.171, s.5; amended 2006, c.47, s.162.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:5B-5.5 - Posting of drinking water test reports by child care centers.

30:5B-5.5 Posting of drinking water test reports by child care centers.
5. a. The sponsor of a child care center who is required to prepare a Consumer Confidence Report pursuant to the "Safe Drinking Water Act Amendments of 1996,"42 U.S.C.s.300f et al., or who receives a Consumer Confidence Report from the owner or operator of a public community water system, shall post each Consumer Confidence Report it prepares or receives in at least one conspicuous location in the child care center.
b. The sponsor of a child care center who is a supplier of water but is not required to prepare a Consumer Confidence Report pursuant to the "Safe Drinking Water Act Amendments of 1996," and who is required to conduct tests of its drinking water by the Department of Environmental Protection, shall post a chart setting forth the results of the water tests, including the level of detection and, as appropriate for each contaminant, the maximum contaminant level, highest level allowed, action level, treatment technique, or other expression of an acceptable level, for each contaminant, in at least one conspicuous location in the child care center. The chart also shall include in bold print the statement required to be included in a Consumer Confidence Report pursuant to 40 CFR s.141.154(a). The chart shall not include contaminants that are not detected.
c. As used in this section, "child care center" shall mean any child care center licensed pursuant to P.L.1983, c.492 (C.30:5B-1 et seq.) and "sponsor" shall have the same meaning as in section 3 of P.L.1983, c.492 (C.30:5B-3).
d. The provisions of this section shall be enforced by the Department of Human Services. The Department of Human Services shall not be required to conduct on-site inspections to determine compliance with this section more frequently than any on-site inspections of child care centers are conducted by the department pursuant to any other law.
L.1999,c.362,s.5.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:5B-6 - License application; contents; issuance; expiration; renewal

30:5B-6. License application; contents; issuance; expiration; renewal
a. Any person operating a child care center on the effective date of this act or desiring to operate a child care center shall make application in the manner and on the forms prescribed by the commissioner. The license application form shall include, but shall not be limited to, the following information:
the name and address of the child care center, its sponsor, the staff, the qualifications of the staff members, each member of the board of directors of the corporation, the child care center operator if different from the sponsor, a description of the center's premises, facilities and programs, the number and age of children to be enrolled in the center and the hours of its operation.
b. If a child care center meets the requirements of this act and of the rules and regulations promulgated hereunder, the department shall issue a license to the center. A license shall be valid for a period of three years and may be renewed at the end of that period, subject to continued compliance with the provisions of this act.
L.1983, c. 492, s. 6.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:5B-6.1 - Definitions relative to child abuse record information checks.

30:5B-6.1 Definitions relative to child abuse record information checks.
1. As used in P.L.1997, c.254 (C.30:5B-6.1 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 any owner, sponsor, director, or person employed by or working at 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.
"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 the provisions of the "Child Care Center Licensing Act," P.L.1983, c.492 (C.30:5B-1 to 30:5B-15).
L.1997, c.254, s.1; amended 2006, c.47, s.163; 2012, c.16, s.117.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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..
2023 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.
2023 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.
2023 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.
2023 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.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:5B-14 - Child Care Advisory Council.

30:5B-14 Child Care Advisory Council.
14. a. The Director of the Division of Family Development in the Department of Human Services, a designee of the Commissioner of Children and Families, and the Director of the Division on Women in the Department of Children and Families shall establish a Child Care Advisory Council which shall consist of at least 15 individuals who have experience, training, or other interests in child care issues. To the extent possible, the directors shall designate members of existing councils or task forces heretofore established on child care in New Jersey as the advisory council.
b. The advisory council shall:
(1) Review rules and regulations or proposed revisions to existing rules and regulations governing the licensing of child care centers;
(2) Review proposed statutory amendments governing the licensing of child care centers and make recommendations to the commissioner;
(3) Advise the commissioner on the administration of the licensing responsibilities under this act;
(4) Advise the Commissioners of Human Services and Children and Families and other appropriate units of State government on the needs, priorities, programs, and policies relating to child care throughout the State;
(5) Study and recommend alternative resources for child care; and
(6) Facilitate employer supported child care through information and technical assistance.
c. The advisory council may accept from any governmental department or agency, public or private body, or any other source grants or contributions to be used in carrying out its responsibilities under P.L.1983, c.492 (C.30:5B-1 et seq.).
L.1983, c.492, s.14; amended 1992, c.95, s.4; 2006, c.47, s.165; 2012, c.16, s.119.