New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES
Subchapter 3 - ADMINISTRATION
Section 10:47-3.6 - Governing body; non-proprietary facilities
Universal Citation: NJ Admin Code 10:47-3.6
Current through Register Vol. 56, No. 18, September 16, 2024
(a) In a non-proprietary facility, there shall be a board of directors, board of trustees, or other similar governing body responsible for the facility's management, control, and operation, the welfare of the individuals served and the formulation of administrative policy.
1.
A non-proprietary facility shall have a governing body which includes
representatives of the community in which the facility is located,
representatives of the parents, and providers of services.
i. The names and addresses of all board
members shall be supplied to the licensing and inspecting agencies.
ii. The professional background of each
member shall be provided.
iii.
Changes in membership shall be reported to the licensing and inspecting
agencies annually.
2.
The governing body shall elect any of the following to its membership:
president or chairperson, vice president or co-chairperson, secretary,
treasurer, or other members, based upon the governing needs of the facility. It
shall have the power to appoint such officers and committees as it may require
to assist in carrying out its functions.
i.
The governing body shall conduct regular meetings and such special meetings as
required.
ii. Minutes shall be
recorded and readily available to representatives of the licensing and
inspecting agencies.
3.
The governing body of a facility shall designate a person to act as chief
executive officer of the facility and shall delegate sufficient authority to
such person necessary to manage the affairs of the facility effectively.
i. The chief executive officer, in
conjunction with the governing body, shall be responsible for the general
direction and establishment of policies concerning the operation of the
facility and welfare of the individuals served.
4. The governing body of a facility shall
ensure that the facility:
i. Is in continual
compliance and conformity with all relevant laws and/or regulations, whether
Federal, State, local or municipal, affecting the operation of the
facility;
ii. Is in continual
compliance and conformity with the terms of all leases, contracts, or other
legal agreements to which the facility is a party;
iii. Is maintained, staffed, and equipped in
such a manner as to effectively implement the programs of the
facility;
iv. Is adequately funded
and fiscally sound. To this end, the governing body shall be responsible for:
(1) The review and approval of the facility's
annual budget; and
(2) The review
of an annual report completed by an independent auditor. The audit shall be
made available upon request to any public agency which provides funds to the
facility and the licensing agency; and
v. Consults with the licensing and inspecting
agencies prior to making any substantial alteration in the program provided by
the facility or the physical plant.
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