Current through Register Vol. 56, No. 18, September 16, 2024
(a) The
Office of Licensing may deny, suspend, revoke, or refuse to renew an adoption
agency's certificate for good cause, including, but not limited to, the following:
1. Failure to comply with requirements of this
chapter;
2. Violation(s) of the terms
and conditions of a certificate;
3.
Fraud or misrepresentation in obtaining a certificate or in the subsequent operation
of the agency;
4. Refusal to furnish the
Department with files, reports, records or other information as required by this
chapter, or to cooperate with an inspection or investigation by the
Department;
5. Refusal to permit an
authorized representative of the Department to gain access to the agency during
normal operating hours. An authorized representative includes:
i. A representative of the Office of
Licensing;
ii. A representative of the
Department for purposes of investigating allegations of child abuse or
neglect;
iii. The Commissioner or his or
her designee; and
iv. Any person
specifically authorized by statute;
6. Failure of an out-of-State agency to maintain a
required license, approval, or certificate in its own state or country;
7. Failure by the agency or executive director to
secure and to maintain on file documentation from the Department showing compliance
with criminal conviction disclosures, as specified in
N.J.A.C.
3A:50-4.5, or Child Abuse Record Information
background checks, as specified in
N.J.A.C.
3A:50-4.6;
8. Refusal by the executive 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;
9. Refusal by the executive 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;
10.
Refusal by the executive director to terminate the employment of a staff member when
an allegation of child abuse or neglect has been substantiated against the staff
member;
11. Refusal by the executive
director to terminate the employment of a staff member convicted of a crime or
offense requiring disqualification, as specified in
N.J.A.C.
3A:50-4.5;
12. A substantiated allegation of child abuse or
neglect against the executive director; and
13. The executive director's conviction of a crime
or offense requiring disqualification, as specified in
N.J.A.C.
3A:50-4.5.
(b) If an agency's certificate is suspended, the
Office of Licensing shall issue or reinstate the agency's certificate once the
agency achieves compliance with the requirements of this chapter. In such a case,
the Office shall not require the agency to submit a new application for a
certificate unless such reapplication is expressly made a condition of the issuance
or reinstatement of the certificate.
(c)
The Office of Licensing shall provide written notice to the agency before denying,
suspending, revoking or refusing to renew the agency's certificate. The notice shall
specify the Office's reasons for such action.
(d) If the Office of Licensing denies, revokes, or
refuses to renew an agency's certificate of approval, and the reason(s) for the
denial, revocation, or refusal have been resolved, the agency must reapply to the
Office for a certificate in order to secure a new certificate prior to resuming
operations.
(e) The Office of Licensing
may impose conditions upon an agency's adoption services, and shall provide notice
if an agency's certification will contain such conditions.
(f) Each certificate issued by the Office of
Licensing to an adoption agency remains the property of the State of New Jersey. If
an agency's certificate is suspended or revoked, or upon the permanent closing of
the agency, the agency shall return the certificate to the Office
immediately.
