(b)
Providers who are not registered under (a) above shall be approved by the DHS
in order to qualify for payment through any child care service program.
Unregulated relatives, friends or neighbors shall be eligible for approved home
status.
1. The minimum requirements for
approval of the home are an inspection of the home using the Self-Arranged Care
Inspection and Interview Checklist (see
N.J.A.C.
10:15-2.4(a)10), an
interview with the provider and family members, and a child abuse record
information check completed for all prospective approved home providers and all
household members of the home 14 years of age and older conducted by the
Department of Children and Families as follows:
i. Prior to the issuance of approval for an
approved home provider, a CCR & R contracted with DHS pursuant to
N.J.A.C.
10:15-2.1, shall obtain written consent from
the prospective approved home provider, and all members of the household who
are at least 14 years of age, for DCF to conduct a Child Abuse Record
Information (CARI) background check to determine whether an incident of child
abuse or neglect has been substantiated against any such person.
(1) Each person specified in (b)1i above
shall complete a signed consent form provided by DCF that indicates the
identifying information necessary to conduct a CARI background check,
including, but not limited to, the person's name (and any prior names used),
address, date of birth, sex, race, and Social Security number. Pursuant to the
Federal Privacy Act of 1974 (P.L. 93-579) (5 U.S.C. §
552a), DCF shall advise each such person that
the disclosure of his or her Social Security number is voluntary, and that the
Social Security number will only be used for the purpose of conducting a CARI
background check.
(2) The
prospective approved home provider shall return all the completed CARI request
forms specified in (b)1i(1) above to the CCR & R within five business days
of receiving the forms. Additional time to submit CARI request forms may be
granted by the CCR & R to the prospective approved home provider in order
to correct inaccurate or incomplete forms on a case by case basis.
(3) An approved home provider shall inform
the CCR & R of any additional person 14 years of age and older who will
begin living in the home and expects to remain or does remain in the home
longer than 30 consecutive days. Within five days of this person moving in the
home, the approved home provider shall submit to the CCR & R a signed
consent form as specified in (b)1i(1) above for each such person.
(4) A CARI background check is valid for one
year from the date of approval of the home by the CCR & R. After one year,
a new signed consent form shall be completed for each person as specified in
(b)1i(1) above.
ii. If
any person specified in (b)1i(1) above refuses to consent to a CARI background
check, the CCR & R shall deny the prospective approved home provider to
provide child care services in accordance with
N.J.S.A.
30:5B-32.
iii. The CCR & R shall submit the
completed consent forms specified in (b)1i(1) above upon receipt of the forms
from the prospective approved home provider to DCF at the following address:
Department of Children and Families, Office of Licensing, CARI Unit (Approved
Homes), P.O. Box 717, Trenton, N.J. 08625-0717. DCF will conduct a search of
its records for child abuse and neglect incidents. Within 10 working days (two
weeks) of receipt of the completed forms from the CCR & R, DCF will inform
the CCR & R in writing as to whether a substantiated incident of child
abuse or neglect by any person specified in (b)1i above has been found. If such
an incident has been found, DCF will inform the CCR & R in writing of the
name of the person with a substantiated incident.
iv. If the CARI background check reveals no
substantiated incident of child abuse or neglect involving a person specified
in (b)1i above, the CCR & R will schedule a home inspection. Upon
completion of the home inspection, if all criteria on the health
safety/interview check list are satisfactory, the CCR & R shall authorize
the use of the approved home provider, provided that all other applicable
requirements of this chapter have been met.
v. If the CARI background check reveals that
an incident of child abuse or neglect has been substantiated against a person
specified in (b)1i above, DCF shall release the results of the CARI check to
the CCR & R pursuant to subsection (g) of
section
1 of
P.L.
1977, c. 102 (N.J.S.A.
9:6-8.10a) and the agency shall deny the
prospective approved home provider from providing child care
services.
vi. Before denying the
prospective approved home provider from providing child care services, the CCR
& R shall give notice in writing, by certified or registered mail, to the
last known address of the prospective approved home provider with return
receipt requested, of the reasons why the prospective approved home provider
will be denied.
vii. The CCR &
R shall also give notice in writing, by certified or registered mail, to the
individual with a substantiated incident. The notice shall afford the
individual with a substantiated incident the opportunity to be heard, if they
have not previously done so, through a referral to the CP & P Regional
Administrative Review Officer, as appropriate, to appeal the results of the
CARI background check within 20 days of receiving the notice.
viii. If the individual with a substantiated
incident is not satisfied with the decision of the CP & P Regional
Administrative Review Officer, the individual with a substantiated incident may
appeal the decision to the Office of Administrative Law (OAL) for an
administrative hearing. The hearing shall be conducted in accordance with the
"Administrative Procedure Act,"
P.L.
1968, c. 410 (N.J.S.A.
52:14B-1 et seq.) and the Uniform
Administrative Procedure Rules, N.J.A.C. 1:1.
ix. If the individual with a substantiated
incident is not satisfied with the decision resulting from the administrative
hearing, the individual with a substantiated incident may appeal the decision,
within 45 days from the date of service of the decision or notice of the action
taken, to the Appellate Division of the Superior Court of New Jersey.
x. If a prospective approved home provider is
denied approval to provide child care services, the CCR & R shall notify
the parent of the child who would be eligible to receive such services, in
writing, of the reason the prospective approved home provider was denied and
that the parent has the right to select another individual to provide approved
home child care services. The parent shall be advised to keep such information
confidential and not to disclose the information in keeping with provisions of
the State Child Abuse and Neglect Law (N.J.S.A.
9:6-8.10b).
2. An approved home provider who cares for no
more than five children, or no more than eight children if three of the
children are her own, who has been approved by the Department of Human Services
may receive payment for a maximum of:
i. Two
non-sibling children; or
ii. Up to
five non-resident sibling children under 13 years of
age.