New Jersey Administrative Code › Title - EXECUTIVE ORDERS › Title 55 - CHRIS CHRISTIE › Section - Executive Order No. 110 (2020)

Current through Register Vol. 56, No. 14, July 15, 2024
Governor Philip D. Murphy
Executive Order No. 110 (2020)
An Order Directing Child Care Centers to Close on April 1, 2020, Unless Serving Children of Essential Workers
Issued: March 25, 2020.
Effective: March 25, 2020.
WHEREAS, through Executive Order No. 102 (2020), which I signed on February 3, 2020, I created the State's Coronavirus Task Force, chaired by the Commissioner of the New Jersey Department of Health ("DOH"), in order to coordinate the State's efforts to appropriately prepare for and respond to the public health hazard posed by Coronavirus disease 2019 ("COVID-19"); and
WHEREAS, in light of the dangers posed by COVID-19, I issued Executive Order No. 103 (2020) on March 9, 2020, the facts and circumstances of which are adopted by reference herein, which declared both a Public Health Emergency and State of Emergency; and
WHEREAS, in accordance with N.J.S.A. App. A:9-34 and -51, I reserved the right to utilize and employ all available resources of State government to protect against the emergency created by COVID-19; and
WHEREAS, in accordance with N.J.S.A. App. A:9-40, I declared that, due to the State of Emergency, no municipality, county, or any agency or political subdivision of this State shall enact or enforce any order, rule, regulation, ordinance, or resolution which will or might in any way conflict with any of the provisions of my Executive Orders, or which will in any way interfere with or impede their achievement; and
WHEREAS, to further protect the health, safety, and welfare of New Jersey residents by, among other things, reducing the rate of community spread of COVID-19, I issued Executive Order No. 104 (2020) on March 16, 2020, the facts and circumstances of which are also adopted by reference herein, which established statewide social mitigation strategies for combatting COVID-19; and
WHEREAS, on March 21, 2020, I issued Executive Order No. 107 (2020), the facts and circumstances of which are also adopted by reference herein, affirming the closure of all public, private, and parochial preschool program premises, and elementary and secondary schools, including charter and renaissance schools to students for as long as that Order remains in effect (the "school closure period"); and
WHEREAS, many, but not all, child care centers throughout the State have also elected to close in the wake of the present emergency; and
WHEREAS, child care settings can present difficulties in adhering to social distancing measures, necessitating closure of facilities during the emergency period that do not certify that they can meet the emergency child care standards created by the Department of Children and Families ("DCF"); and
WHEREAS, in order to address the urgent demands created by the present health emergency, providers of health care, emergency medical services, law enforcement, and other persons providing essential services require alternative child care arrangements during the period of school closures; and
WHEREAS, limiting access to child care facilities to essential persons wherever possible will help ensure that critical personnel can continue to effectively accomplish their jobs; and
WHERAS, these essential persons are a vital part of our response infrastructure and providing safe and accessible care for their children will improve our State's response to this emergency; and
WHEREAS, child care workers play a critical function in supporting the health, well-being and financial security of New Jersey's children and families; and
WHEREAS, the Commissioner of DCF has already executed a waiver to allow for flexible operating standards for child care facilities while maintaining the necessary or required health and safety standards; and
WHEREAS, in Executive Order No. 107 (2020), I authorized the Commissioner of the Department of Education to permit schools to remain open on a limited basis for educational or child care services if needed in emergency situations; and
WHEREAS, lack of available child care options for essential persons in the State has, and will continue to, impact the ability of essential entities and service providers to address the urgencies of the present pandemic; and
WHEREAS, the Constitution and statutes of the State of New Jersey, particularly the provisions of N.J.S.A. 26:13-1 et seq., N.J.S.A. App. A: 9-33 et seq., N.J.S.A. 38A:3-6.1, and N.J.S.A. 38A:2-4 and all amendments and supplements thereto, confer upon the Governor of the State of New Jersey certain emergency powers, which I have invoked;
NOW, THEREFORE, I, PHILIP D. MURPHY, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:
1. The Commissioner of DCF, in consultation with the Commissioners of the Departments of Education, Human Services, and Health, shall implement a plan permitting access to emergency child care services for the children of "essential persons." As part of that plan, DCF shall:
a. Create and publish emergency child care standards that an Emergency Child Care Center must follow beginning Wednesday, April 1, 2020. The standards shall detail the appropriate social distancing, hand washing, cleaning, and other public health prevention strategies that must be in place for Emergency Child Care Centers to operate; and
b. Create a certification form for current child care centers or other organizations wishing to stay open or resume operations as an Emergency Child Care Center on or after Wednesday, April 1, 2020, that includes a commitment both to provide child care services exclusively to "essential persons" during the school closure period and to follow all applicable emergency child care standards. The form shall also elicit information concerning the current child care center or organization's capacity to provide those services.
c. Both the standards and forms referenced in subsections (a) and (b) shall be available to the public on the Department of Children and Families' Internet website no later than Wednesday, March 25, 2020, at 5 p.m.