reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 2 - APPROVAL PROCEDURES › Section 3A:55-2.2 - Issuance of a certificate of approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office of
				Licensing shall issue a certificate of approval to a facility that has achieved full
				compliance with all applicable provisions of this chapter.
(b) If the Office of Licensing determines that a
				facility cannot be issued a certificate of approval when there is serious or
				imminent hazard to the education, health, safety, well-being, or treatment needs of
				the children, the Office of Licensing shall provide written notification to the
				facility indicating the steps the facility must take to secure a certificate of
				approval.
(c) The Office of Licensing
				shall issue an initial certificate of approval for a period not to exceed six months
				to a new facility not previously in existence that has achieved substantial
				compliance with all applicable life/safety provisions of this chapter and has
				completed the application form for an initial certificate of approval, as specified
				in
N.J.A.C.
				3A:55-2.1(b)
. Within six
				months of the issuance of the initial certificate of approval, the Office of
				Licensing shall conduct a comprehensive program and life/safety inspection and, upon
				the facility's substantial compliance with all applicable provisions of this
				chapter, issue a certificate of approval for the time period specified in (d)
				below.
(d) Each certification period
				shall be two years.
1. In determining the
				expiration date of the first certificate of approval, the Office of Licensing shall
				compute the two-year approval period from the date of issuance of the first
				certificate.
2. In determining the
				expiration date of a renewed certificate, the Office of Licensing shall compute the
				two-year approval period from the date on which the previous certificate expired. If
				however, the facility has ceased to operate for a period of one year following the
				expiration date of its previous certificate, the Office of Licensing shall compute
				the date of expiration from the date of issuance of a new
				certificate.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 2 - APPROVAL PROCEDURES › Section 3A:55-2.3 - Denying, suspending, revoking, or refusing to renew a certificate of approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Office of Licensing may deny, suspend, revoke, or refuse to renew a certificate of
				approval for good cause, including, but not limited to, the following:
1. Failure to comply with the provisions of this
				chapter;
2. Violation of the terms and
				conditions of a certificate of approval;
3. Fraud or misrepresentation in obtaining a
				certificate;
4. Refusal to furnish the
				Department with files, reports, or records as required by this chapter;
5. Refusal to permit an authorized representative
				of the Department to gain admission to the facility or to conduct an inspection or
				investigation;
6. Any activity, policy,
				or staff conduct that adversely affects or is deemed by the Office of Licensing to
				be detrimental to the education, health, safety, well-being, or treatment needs of
				children or that otherwise demonstrates unfitness by the director or staff members
				of the facility to operate a residential child care facility;
7. Failure of an out-of-State facility to maintain
				a license, approval or certificate in its own state; and
8. Failure by the director to secure and to
				maintain on file documentation from the Department showing compliance with criminal
				conviction disclosures, as specified in 3A:55-5.1(b)1, Criminal History Record
				Information background checks, as specified in 3A:55-5.6, or Child Abuse Record
				Information background checks, as specified in 3A:55-5.7;
9. Refusal by the director to consent to or
				cooperate in a Criminal History Record Information background check or Child Abuse
				Record Information background check for himself or herself;
10. Refusal by the director to terminate the
				employment of a staff member who refuses to consent to or cooperate in a Criminal
				History Record Information background check or Child Abuse Record Information
				background check;
11. Refusal by the
				director to terminate the employment of a staff member when an allegation of child
				abuse or neglect has been substantiated against the staff member;
12. Refusal by the director to terminate the
				employment of a staff member convicted of a crime or offense requiring
				disqualification, as specified in 3A:55-5.6(e);
13. A substantiated allegation of child abuse or
				neglect against the director; and
14.
				Conviction by the director for a crime or offense requiring disqualification, as
				specified in 3A:55-5.6(e).
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 2 - APPROVAL PROCEDURES › Section 3A:55-2.4 - Administrative hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a facility fails to comply with all
				applicable provisions of this chapter, the Office of Licensing shall issue a
				directive ordering compliance. Prior to the Office of Licensing's decision to deny,
				suspend, refuse to renew, or revoke a facility's certificate of approval, the
				facility shall have the opportunity to request an administrative hearing, pursuant
				to the Administrative Procedure Act,
N.J.S.A.
				52:14B-1
et seq., and the Uniform
				Administrative Procedure Rules,
N.J.A.C. 1:1
.
(b) As long as the Department determines that
				children are not at risk and that no imminent dangers exist, the Office of Licensing
				may permit a facility that has requested an administrative hearing, as specified in
				(a) above, to continue to operate until a final decision is rendered as a result of
				the hearing.
(c) If it is determined
				that the children residing at the facility are at risk, the Department may:
1. Remove the children from the residence;
				or
2. Place staff approved by the
				Department at the facility to ensure the children's safety.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 2 - APPROVAL PROCEDURES › Section 3A:55-2.5 - Complaints

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever the Office of Licensing receives a
				report questioning the approval status or compliance of a facility or alleging a
				violation of this chapter, the Office of Licensing shall ensure that the allegation
				is promptly investigated to determine whether the complaint is
				substantiated.
(b) If a serious
				complaint is received that alleges imminent hazard or risk to the health, safety,
				and welfare of the children, the Office of Licensing shall investigate the complaint
				within 24 hours.
(c) After the report of
				the investigation has been completed, the Office of Licensing shall notify the
				facility in writing of the results of the investigation within 15 days, pursuant to
N.J.S.A. 47:1A-1
et seq., with
				the exception of any information not permitted to be disclosed pursuant to
N.J.S.A. 9:6-8
.10a, or any
				other State law.
(d) Whenever the
				Division or Department, through its Office of Licensing, Institutional Abuse
				Investigation Unit or local offices, conducts complaint investigations, the facility
				shall cooperate with all Department investigators.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 2 - APPROVAL PROCEDURES › Section 3A:55-2.6 - Public access to the Office of Licensing's records

Current through Register Vol. 56, No. 14, July 15, 2024
Licensing files maintained by the Office of Licensing are public
				  records and shall be readily accessible for examination by any person, under the
				  direction and supervision of the Office of Licensing, except when public access to
				  records is restricted, in keeping with
N.J.S.A.
				  47:1A-1
et seq., or other applicable
				  statutes.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 3 - ADMINISTRATION › Section 3A:55-3.1 - Statement of purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall
				maintain on file a written statement of purpose that shall identify the following:
1. The facility's philosophy, goals, and
				objectives;
2. Characteristics of the
				children to be served;
3. Types of
				treatment services provided to the children, including those provided directly by
				the facility and those provided in cooperation with community agencies or outside
				individuals;
4. Procedures for
				implementing those services; and
5.
				Criteria for completion of the program.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 3 - ADMINISTRATION › Section 3A:55-3.2 - Rights of children

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall
				prepare a list of children's rights and shall post it in prominent locations in the
				facility, including in each living unit, or give it to the children and document
				such in each child's record. The list shall comply with the applicable provisions of
				9:6B-1 et seq., the Child Placement Bill
				of Rights Act. At a minimum, the list shall specify the children's right to:
1. Receive prompt medical treatment;
2. Have access to an appropriate
				education;
3. Live in a safe, clean and
				healthy environment;
4. Be free of
				physical or sexual harassment or abuse and corporal punishment;
5. Attend religious services of their choice;
				and
6. Have unimpeded communication with
				the Division and other professional persons or agencies.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 3 - ADMINISTRATION › Section 3A:55-3.3 - Information to parents and staff members

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall
				provide to every parent within five working days of his or her child's placement,
				and to every person upon becoming a staff member, a written document indicating that
				the facility is required to:
1. Secure a
				certificate of approval to operate from the Office of Licensing;
2. Comply with all applicable provisions of this
				chapter;
3. Retain a current copy of
				this chapter and make it available for review by parents of resident
				children;
4. Indicate how parents may
				secure a copy of this chapter by contacting the Office of Licensing;
5. Afford parents the opportunity and time to
				review and discuss with the facility director any questions or concerns about
				policies, requirements, provisions, or alleged violations of this chapter;
6. Advise parents that if they believe or suspect
				that the facility is in violation of any provision of this chapter, they may report
				alleged violations to the Office of Licensing;
7. Make available, upon request, for parents'
				review the Office of Licensing's Inspection/Violation and Complaint Reports on the
				facility, as well as any letters of enforcement or other actions taken against the
				facility during the current certificate of approval period;
8. Inform parents that they shall be provided a
				copy of the facility's behavior management policy, including policies for searches,
				as specified in 3A:55-6.13 and 6.15;
9.
				Inform parents that the facility is required to provide the child's parents with
				copies of the facility's visitation and communication policies, a copy of the
				procedures for expressing concern or registering complaints regarding their child's
				placement, and a description of its religious policies, including a statement that
				the child has a right to practice his or her religion;
10. State that any person who has reasonable cause
				to believe that a child residing in the facility has been or is being subjected to
				any form of child abuse or neglect is required by State law to report the
				allegations to the Department's toll-free hotline, 1-877-NJ-ABUSE (652-2873),
				pursuant to
N.J.S.A. 9:6-8
.10.
				Reports may be made anonymously;
11.
				Inform parents and staff members that they may secure information about the
				prevention and reporting of child abuse and neglect by contacting the
				Department;
12. Inform parents that the
				facility must secure written consent from the child's parents before the facility
				may involve the child in fund-raising, publicity, or audiovisual activities related
				to the facility; and
13. Inform parents
				that the facility will develop a visitation schedule for parents and children, as
				specified in 3A:55-6.6, 9.20 and 10.13.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 3 - ADMINISTRATION › Section 3A:55-3.4 - Community participation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each facility shall
				have a governing board that is responsible for establishing and assuring the
				facility's mission, planning, and policies for finances, personnel, development and
				public relations. The governing board shall also be responsible for the facility's
				compliance with applicable laws and requirements. Such a board shall include
				representatives from the civic, business or educational community.
(b) The governing board shall meet at least every
				six months. The facility shall keep on file a list of current membership of the
				governing board and a record of its meetings.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 3 - ADMINISTRATION › Section 3A:55-3.5 - Conflict of interest and compliance with law

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each facility
				receiving funds from the Department shall adopt a written conflict of interest
				policy, as required by the facility's contract with the Department.
1. The facility shall ensure that a copy of the
				adopted policy, with its effective date, is forwarded to all governing board members
				and staff members and is posted in a prominent location or kept on file at the
				facility.
2. The governing board shall
				ensure that the conflict of interest policy is adhered to by the facility director
				through the governing board's review of the facility's policies involving the
				purchasing of goods or services and hiring practices.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 3 - ADMINISTRATION › Section 3A:55-3.6 - Intake and admissions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall ensure that the child and
				his or her parents have an opportunity to visit the facility prior to the child's
				placement.
(b) For all placements, the
				facility shall have the following information on file in the child's record upon the
				child's admission:
1. The child's full name,
				nicknames, if any, gender, date of birth, religion, and race;
2. The name, address, telephone number, and
				relationship to the child of the person(s) with whom the child was living at the
				time of admission;
3. The name, address,
				and telephone number of the child's father, mother, foster parents, or legal
				guardians, if different from (b)2 above;
4. The name, address, and telephone number of the
				worker at the placing agency;
5. The
				name, address, and telephone number of the person to notify in an
				emergency;
6. The names of siblings,
				their ages, and gender;
7. The reason
				for placement of the child;
8. A
				Medicaid card, if applicable;
9. A
				Social Security Number, if available; and
10. A statement signed by the parent(s) or legal
				guardian, granting consent for emergency medical or surgical care, semi-annual
				dental care and annual physical examinations for the child.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 3 - ADMINISTRATION › Section 3A:55-3.7 - Reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The director or any staff member shall
				immediately notify verbally the Department's toll-free hotline, 1-877-NJ-ABUSE
				(652-2873), whenever there is reasonable cause to believe that a child has been or
				is being abused or neglected by staff members or any other person, as required by
N.J.S.A. 9:6-8
.9, 8.10, 8.13,
				and 8.14. Copies of the law and information about it are available from the
				Department at
www.nj.gov/dcf/reporting
.
(b) The facility shall notify the Office of
				Licensing verbally of any of the following changes or events by the next working day
				after the facility learns of their occurrence, to be followed by written
				notification to the Office of Licensing within five working days:
1. Injury, accident or illness that results in the
				admittance of a child to a hospital;
2.
				The death of a child while the child was on the premises of the facility or in the
				care of a staff member or volunteer;
3.
				Temporary or permanent closing of the facility; and
4. Any criminal conviction of a staff member, as
				specified in 3A:55-5.1(b).
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 3 - ADMINISTRATION › Section 3A:55-3.9 - Comprehensive general liability insurance

Current through Register Vol. 56, No. 14, July 15, 2024
The facility shall secure comprehensive general liability
				  insurance coverage and shall maintain on file a copy of the insurance policy.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 4 - PHYSICAL FACILITY REQUIREMENTS › Section 3A:55-4.1 - Physical facility initial approval requirements for all facilities located in New Jersey

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant seeking an initial certificate of
				approval, as specified in
N.J.A.C.
				3A:55-2.1
, to operate a facility located
				in New Jersey shall comply with all applicable provisions of the New Jersey Uniform
				Construction Code, as specified in
N.J.A.C. 5:23
, and hereinafter
				referred to as the NJUCC.
1. For newly constructed
				buildings, for existing buildings whose construction code use group classification
				would change from that which it had been, or for existing buildings that require
				major alteration or renovation, the facility shall submit to the Office of Licensing
				a copy of a Certificate of Occupancy (CO) issued by the municipality in which it is
				located, reflecting the facility's compliance with provisions of the NJUCC, for one
				of the following use group classifications:
i. I-1
				(Institutional) for buildings accommodating 16 or more children over 2 1/2 years of
				age;
ii. I-2 (Institutional) for
				buildings accommodating six or more children who are under 2 1/2 years of age;
				or
iii. I-3 (Institutional) for secure
				residential child care facilities accommodating 16 or more children over 2 1/2 years
				of age.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 4 - PHYSICAL FACILITY REQUIREMENTS › Section 3A:55-4.2 - Physical facility initial approval requirements for all facilities located outside of New Jersey

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A facility located
				in a state other than New Jersey shall submit with each application documentation
				that the facility meets the provisions of all applicable codes governing building,
				fire, safety and health requirements in the state, county and municipality in which
				the facility is located.
(b) All
				facilities located in a state other than New Jersey shall also comply with the
				physical facility and life-safety requirements specified in N.J.A.C. 3A:55-4, with
				the exception of 3A:55-4.4(c), (f) 3, (g), (h), (i), and (l).
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 4 - PHYSICAL FACILITY REQUIREMENTS › Section 3A:55-4.3 - Maintenance and sanitation requirements for all facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall maintain all indoor areas in a safe and sanitary manner by ensuring that:
1. The facility is free of moisture resulting from
				water leaks or seepage;
2. All Lally
				columns in areas used by the children have protective padding from the floor to a
				height of at least 72 inches;
3. Floors,
				walls, ceilings and other surfaces are kept clean and in good repair;
4. Stairways are free of hazards such as boxes,
				loose steps, torn carpeting or raised strips;
5. Carpeting is secured to the floor;
6. Garbage and food receptacles are:
i. Made of durable, leakproof and nonabsorbent
				materials;
ii. Covered in a secure
				manner;
iii. Emptied to the outdoor
				garbage receptacle when filled; and
iv.
				Lined and maintained in a sanitary manner;
7. The facility is free of rodent or insect
				infestation. If there is evidence of rodent or insect infestation, immediate action
				shall be taken to remove such infestation. The facility shall maintain on file a
				record documenting the use of extermination services in these cases;
8. Toilets, wash basins, kitchen sinks, and other
				plumbing are maintained in good operating and sanitary condition;
9. All corrosive agents, insecticides, bleaches,
				detergents, polishes, any products under pressure in an aerosol can, and any toxic
				substances are stored in a locked cabinet or in an enclosure located in an area not
				accessible to children. Bleaches, detergents, polishes and specific aerosol products
				may be made available to children 12 years of age and older with facility
				supervision;
10. Ventilation outlets are
				clean and free from obstructions, and filters are replaced when saturated;
11. Walls are painted or otherwise covered
				whenever there is evidence of:
i. Excessive
				peeling or chipped paint; or
ii. Heavily
				soiled conditions; and
12.
				All shelving is secured and not overloaded.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 4 - PHYSICAL FACILITY REQUIREMENTS › Section 3A:55-4.4 - Additional maintenance and sanitation requirements for all facilities located in New Jersey

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall meet the following lighting
				requirements:
1. All fluorescent tubes and
				incandescent light bulbs shall have protective covers or shields;
2. During activities in the facility, at least 20
				foot-candles of natural or artificial light shall be provided in all rooms used by
				the children. This illumination shall be measured three feet above the floor at the
				farthest point from the light source; and
3. Parking areas, pedestrian walkways, or other
				exterior portions of the premises subject to use by children and staff at night
				shall be illuminated to provide safe entrance to and egress from the
				facility.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 4 - PHYSICAL FACILITY REQUIREMENTS › Section 3A:55-4.5 - Emergency evacuation instructions, medical emergencies, fire prevention, first aid, and equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall prepare and post on each
				floor written emergency evacuation instructions that include:
1. A diagram showing how the facility is to be
				evacuated in the event of an emergency; and
2. The location of fire alarms and fire
				extinguishers.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 4 - PHYSICAL FACILITY REQUIREMENTS › Section 3A:55-4.6 - Prohibition on the use of tobacco products

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall
				prohibit the smoking of tobacco products or the use of smokeless tobacco by
				children.
(b) The facility shall ensure
				that staff members comply with the provisions of N.J.S.A. 2A:170-51, which prohibits
				any person from directly or indirectly selling, giving or furnishing to a minor
				under 18 years of age any cigarettes made of tobacco or any matter or substance that
				can be smoked, or any cigarette paper or tobacco in any form, including smokeless
				tobacco.
(c) The facility shall maintain
				a smoke-free environment in all buildings on the facility premises and in all
				vehicles used to transport children.
(d)
				The facility may permit staff members, parents and adult visitors to smoke in a
				designated area outside the building(s) on the premises of the facility or in
				vehicles that are not used to transport children.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 5 - STAFF REQUIREMENTS › Section 3A:55-5.1 - General requirements for director and all staff members

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The director and
				every staff member shall:
1. Be of good character
				and reputation;
2. Be in sufficient
				physical, mental and emotional health to perform his or her job duties
				satisfactorily; and
3. Possess skills,
				attributes and characteristics conducive to and suitable for operating a facility or
				dealing with children, as applicable.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 5 - STAFF REQUIREMENTS › Section 3A:55-5.3 - Staff to child ratios

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each residential child care facility shall
				meet the following staff to child ratios:
1. The
				facility shall have a social services/clinical director when its capacity is more
				than 80 children;
2. The facility shall
				have a child care director when its capacity is more than 50 children;
3. There shall be at least one social services
				worker for every 15 children in facilities that provide services to children with
				emotional or behavioral problems, drug and alcohol problems, or physical
				disabilities, and in adventure programs that serve children with emotional or
				behavioral problems;
4. There shall be
				at least one full-time nurse at a facility that serves at least 35 children. A
				facility that serves fewer than 35 children shall have at least a part-time nurse
				who provides the equivalent of one hour of services per child each week;
5. There shall be at least one child care staff
				member for every six or fewer children during the waking hours;
6. During sleeping hours, there shall be at least
				one awake child care staff member in each living unit in the facility and at least
				one additional staff member awake and on-duty for each 50 children or fraction
				thereof, in the facility; and
7. There
				shall be at least one child care staff member awake and on-duty in living units that
				are co-educational during sleeping hours.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 5 - STAFF REQUIREMENTS › Section 3A:55-5.4 - Staff training and development

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall
				develop a training plan and the director shall ensure that all staff members, upon
				employment, are trained in:
1. The facility's
				statement of purpose, as specified in 3A:55-3.1;
2. The facility's behavior management policy and
				search and seizure policy, if any, as specified in 3A:55-6.14 and 6.15;
3. Emergency procedures, as specified in
				3A:55-4.5(a), (b) and (c);
4. Protocols
				for medication, as specified in 3A:55-7.4 and 7.5;
5. Infection control procedures, as specified in
				3A:55-7.8;
6. The facility's techniques
				for safe physical and mechanical restraint, if applicable, as specified in
				3A:55-6.13(i) and (k);
7. The facility's
				policy and procedures for utilizing a behavior management room, if applicable, as
				specified in 3A:55-6.13(m); and
8. The
				facility's policy and procedures for utilizing exclusion, as specified in
				3A:55-6.13(j).
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 5 - STAFF REQUIREMENTS › Section 3A:55-5.5 - Volunteers and student interns

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility may use
				volunteers or student interns to support the activities of regular paid staff
				members, but shall not use volunteers or student interns to substitute for paid
				staff members.
(b) The facility shall
				ensure that volunteers and student interns are briefed fully on any special needs or
				problems they might encounter while working with the children.
(c) The facility shall ensure that volunteers and
				student interns who have contact with children or parents receive an orientation to
				the facility's program and are supervised by paid staff members. Volunteers and
				student interns shall receive authorization from the facility prior to accompanying
				children off-grounds on trips, medical appointments and visits.
(d) The facility shall require an application,
				disclosure and references, as specified in
				N.J.A.C.
				3A:55-5.1(b)1  and 2, for
				volunteers and student interns who provide activities or transportation to a child
				by themselves.
(e) The facility shall
				secure and maintain on file documentation from the Department showing compliance
				with a Criminal History Record Information background check and a Child Abuse Record
				Information background check, as specified in
				N.J.A.C.
				3A:55-5.1(b)3, for each volunteer
				and student intern.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 5 - STAFF REQUIREMENTS › Section 3A:55-5.7 - Child Abuse Record Information background checks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As a condition of
				securing and maintaining a certificate, the facility shall provide written consent
				to the Department from the director and each staff member for a Child Abuse Record
				Information (CARI) background check to be conducted.
(b) If the director refuses to consent to or
				cooperate in a CARI background check, the Office of Licensing shall deny, suspend,
				revoke, or refuse to renew the certificate, as applicable. The facility may appeal
				the denial, suspension, revocation, or refusal to renew a certificate, as specified
				in
N.J.A.C. 3A:55-2.4
.
(c) If a staff member refuses to consent to or
				cooperate in a CARI background check, the facility shall immediately terminate the
				staff member's employment at the facility.
(d) Upon receipt of written consent from an
				individual specified in (a) above, the Division shall conduct a search of its
				records to determine if an allegation of child abuse or neglect has been
				substantiated, pursuant to section 4 of P.L. 1971, c.437 (N.J.S.A. 9:6-8.1 1),
				against the individual.
1. The Department shall
				consider incidents of child abuse and neglect that were substantiated on or after
				June 29, 1995, to ensure that the perpetrator has had an opportunity to appeal a
				substantiated finding of child abuse or neglect.
2. The Department may consider incidents
				substantiated prior to June 29, 1995 if the Department, in its judgment, determines
				that the perpetrator poses a risk of harm to children in a facility. In cases
				involving incidents substantiated prior to June 29, 1995 in which the Department
				determines that the individual is disqualified, the Department shall offer the
				perpetrator an opportunity for a hearing to contest the substantiation.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 5 - STAFF REQUIREMENTS › Section 3A:55-5.8 - Background check procedures for New Jersey facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to the
				opening of a new facility located in New Jersey, the facility shall ensure that a
				request for a Criminal History Record Information (CHRI) background check, as
				specified in
				N.J.A.C.
				3A:55-5.6, and a Child Abuse Record Information
				(CARI) background check, as specified in
				N.J.A.C.
				3A:55-5.7, is submitted for each person identified
				in
				N.J.A.C.
				3A:55-5.6(a)  and
				5.7(a).
(b) Prior to the first renewal
				of a certificate on or after March 26, 2004 for an existing facility located in New
				Jersey, the facility shall ensure that a request for a CHRI background check, as
				specified in
				N.J.A.C.
				3A:55-5.6, is submitted for the director and each
				staff member.
(c) Prior to each renewal
				of a certificate on or after March 26, 2004 for an existing facility located in New
				Jersey, the facility shall ensure that a request for a CARI background check, as
				specified in
				N.J.A.C.
				3A:55-5.7, is submitted for the director and each
				staff member.
(d) Within two weeks after
				a new staff member begins employment at a facility located in New Jersey, the
				facility shall ensure that a request for a CHRI background check, as specified in
				N.J.A.C.
				3A:55-5.6, and a CARI background check, as
				specified in
				N.J.A.C.
				3A:55-5.7, is submitted for the
				individual.
(e) An individual shall not
				be left alone as the only adult caring for a child at the facility until
				documentation from the Department showing compliance with a CHRI check and CARl
				check for the individual has been received by the facility.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 5 - STAFF REQUIREMENTS › Section 3A:55-5.9 - Background check procedures for out-of-State facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For a facility
				located outside New Jersey, the facility shall ensure that the director and each
				applicant or staff member meet all applicable laws and regulations in that state
				governing criminal history record background checks and child abuse record
				information checks that may be required as a condition of employment.
(b) In the event that criminal history record
				background checks and child abuse record information checks are not mandated in that
				state, the facility shall require that the director and each applicant or staff
				member make a disclosure of any criminal conviction. The results of the disclosure
				shall be made available to the Department, so that the Department can determine the
				suitability of the individual for employment at the facility during the time
				children who are residents of New Jersey are placed in the facility.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 6 - PROGRAM REQUIREMENTS › Section 3A:55-6.1 - Treatment plan for children in residential child care facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall develop, implement and maintain on file a written individual treatment plan
				for each child. The plan shall delineate how to meet that child's needs and to
				remediate the problems and behavior in order to assist the child in completing the
				program.
(b) The facility shall form a
				treatment team that is responsible for the development of a treatment plan for each
				child. The treatment team shall consist of each of the following:
1. Staff members representing the clinical and
				social work components;
2. Staff members
				representing the child care component;
3. Staff members representing the administration
				of the facility, if necessary;
4.
				Representatives from the child's responsible school district and/or current school
				district, if necessary;
5. The placing
				agency's representative; and
6. The
				child's parent(s), unless there is an explicit legal or medical basis to exclude
				them.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 6 - PROGRAM REQUIREMENTS › Section 3A:55-6.2 - Discharge planning

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For discharges that can be anticipated, the
				facility shall develop a plan with the placing agency staff at least 30 days before
				the child's discharge. The plan shall be sent at least 30 days prior to the child's
				discharge to the placing agency staff and shall specify the following information:
1. The date of admission;
2. The anticipated or actual date of
				discharge;
3. Details of the events and
				circumstances leading to the decision to discharge;
4. The name and address of the individual or
				agency to whom the child will be discharged and the rationale for planning a
				discharge to that individual or agency; and
5. An assessment of the child's continuing needs,
				including, but not limited to, consideration of health care, behavior management and
				educational or vocational training.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 6 - PROGRAM REQUIREMENTS › Section 3A:55-6.3 - Grouping of children within living units

Current through Register Vol. 56, No. 14, July 15, 2024
The facility shall determine the composition and size of
				  children's groups within the living units on the basis of the children's treatment
				  needs, gender, age and level of functioning.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 6 - PROGRAM REQUIREMENTS › Section 3A:55-6.4 - Work and employment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall
				not allow a child to be responsible for duties assigned to staff members.
(b) The facility may require children to perform
				work assignments in the facility that have an instructive value, including normal
				household chores, so long as these assignments are not scheduled to interfere with a
				child's school program, other aspects of the treatment or case management plan, or
				any regularly scheduled program activity for the children in the facility.
(c) The facility's staff members may encourage
				children to hold part-time employment outside the facility, but shall ensure that
				the work does not interfere with the child's school program, or other aspects of the
				treatment or case management plan.
1. The facility
				may require a child to maintain specific academic and behavioral standards as a
				condition for seeking or maintaining employment.
2. The facility may prohibit a child's employment,
				if a child does not maintain appropriate academic or behavioral standards, or if the
				job is determined to be detrimental to his or her health, safety or
				well-being.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 6 - PROGRAM REQUIREMENTS › Section 3A:55-6.5 - Money and allowance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall provide opportunities for
				all children to receive an allowance or to earn an allowance up to an amount as
				specified in their placement contract.
(b) The facility shall not require a child to
				assume responsibility for expenses for his or her care and treatment, laundry, or
				hygiene supplies, except for amounts needed to pay for damage done to the facility
				by the child.
1. When a child damages the building
				or the facility's property, the facility shall identify the child who damaged the
				building or property in an incident report before requiring the child to pay
				restitution.
2. The restitution payments
				shall not exceed 50 percent of a child's weekly income from allowance.
3. Children who are working or have savings shall
				have the option to make a lump sum payment for intentional damages, if deemed
				clinically appropriate and consistent with the child's treatment plan.
4. The facility may offer the child the option of
				performing additional chores in lieu of restitution payments, as long as these
				chores comply with the provisions specified at
N.J.A.C.
				3A:55-6.4(b)
.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 6 - PROGRAM REQUIREMENTS › Section 3A:55-6.6 - Visitation and communication

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The treatment team
				shall determine the family members and friends with whom the child may communicate
				and visit.
1. The treatment team shall identify
				visitors with whom the child may have contact at intake and may revise the list at
				subsequent treatment planning or case management meetings.
2. Between treatment planning or case management
				meetings, the facility may curtail a child's contact with individuals after
				consultation with the Division or other placing agency if the facility:
i. Informs the child of the conditions of and
				reasons for restriction or termination; and
ii. Documents in the child's record the reasons
				for curtailing contact with the specified individuals.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 6 - PROGRAM REQUIREMENTS › Section 3A:55-6.7 - Education

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Facilities located in New Jersey shall ensure
				that school-age children receive educational instruction to which they are entitled
				under provisions of Federal and State education laws and regulations.
(b) Facilities located in other states shall
				ensure that school-age children receive educational instruction to which they are
				entitled under provisions of education laws and regulations of the state in which
				they are located.
(c) Education shall be
				provided either in a public school or private educational institution in the
				community or in an approved on-grounds school operated by the facility.
(d) The facility shall ensure that any child who
				is legally not attending school is either gainfully employed or enrolled in a
				training program that teaches necessary life skills or methods of job
				acquisition.
(e) The facility shall
				provide or utilize on-grounds or community vocational education services appropriate
				to the age, skill level, interests and abilities of those children who require such
				services.
(f) Requirements for
				facilities operating on-grounds education programs are as follows:
1. The facility shall provide an education program
				that ensures instruction is given to each school-age child in all specific
				curriculum areas identified in the Individualized Education Plan, as required by
				Federal education law, or in the child's treatment plan; and
2. The facility shall inform the child's
				appropriate school district if its on-grounds education program cannot provide
				instruction in all specific curriculum areas, as specified in (f)1 above.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 6 - PROGRAM REQUIREMENTS › Section 3A:55-6.8 - Recreation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall
				plan or provide a balanced on-grounds and off-grounds recreation program. The
				recreation program shall include planned individual and group activities.
(b) The facility shall have a written schedule of
				daily planned recreational and leisure time activities.
1. The facility shall ensure that this schedule is
				developed with input from staff members and children.
2. The facility shall keep these schedules on file
				for 90 calendar days.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 6 - PROGRAM REQUIREMENTS › Section 3A:55-6.9 - Religion

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a facility's
				program has a particular religious orientation, the facility shall maintain on file
				in the facility a written description of its religious orientation and any religious
				practices or restrictions that are observed. Before the child's admission, the
				facility shall give this description to the child and the parents and discuss its
				religious orientation, if any.
(b) The
				facility shall ensure that each child is afforded the opportunity to participate
				freely in religious activities and/or services in accordance with his or her own
				faith or with that of his or her parents.
(c) The facility shall ensure that each child is
				permitted to attend religious activities and services provided either in the
				community or on site, and the facility shall arrange for or directly provide
				transportation, if necessary, for any child who wishes to attend religious
				activities or services unless deemed clinically inappropriate.
(d) The facility shall not coerce or require
				children to participate in religious activities.
1. The facility shall not punish children who
				choose not to participate in religious activities.
2. The facility shall not give special rewards to
				children for participating in religious activities.