Current through Register Vol. 56, No. 18, September 16, 2024
(a) The sponsor, sponsor representative, 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 sponsoring a center or
dealing with children, as applicable.
(b) Prior to hiring or utilizing a director or a
staff member who will be working at the center on a regularly scheduled basis, the
sponsor, sponsor representative, or director shall complete and maintain on file for
each individual a Staff Records Checklist, signed by the sponsor, sponsor
representative, or director and designated by the Office of Licensing, indicating
that the center has obtained documentation of the following:
1. The individual's name, address, telephone
number and signature;
2. Education and
work experience;
3. Disclosure of the
presence or absence of conviction(s) for crimes or disorderly persons
offenses;
4. Completion of a Child Abuse
Record Information background check, as specified in N.J.A.C. 3A:52-4.10, and a
Criminal History Record Information fingerprint background check, as specified in
N.J.A.C. 3A:52-4.11;
5. Completion of a
Mantoux tuberculin skin test, as specified in 3A:52-7.4(a), and physical
examination, as specified in 3A:52-7.4(b);
6. The staff member's signature attesting to the
receipt of the policy statement on the disciplining of children by staff members, as
specified in 3A:52-6.6(e);
7. The staff
member's signature attesting to the receipt of the Information to Parents document,
as specified in 3A:52-3.6(b); and
8. Two
written or verbal references on each individual.
i.
The references shall be secured from former employers or other persons who have
knowledge of the individual's work experience or education and who can attest to the
individual's suitability to work with children.
ii. The verbal references shall be documented in
writing by the sponsor, sponsor representative, or director.
(c) The sponsor/sponsor representative
shall:
1. Maintain on file, regarding himself or
herself, the results of the Child Abuse Record Information background check and the
Criminal History Record Information fingerprint background check, as specified in
(b)4 above; and
2. Disclose to the
Office of Licensing, in writing, the following:
i.
The sponsor or sponsor representative's name, address, and telephone
number;
ii. The sponsor or sponsor
representative's signed statement of the presence or absence of conviction(s) for
crimes or disorderly persons offenses; and
iii. Information about and circumstances
surrounding any previous denial, suspension, revocation, or non-renewal of a license
to own or operate a center either by the Office of Licensing or by the licensing
agency of another state.
(d) The staff records specified in (a) through (c)
above shall be maintained on file as follows:
1.
The Staff Records Checklist for the current director and all staff members currently
working at the center shall be maintained on file at the center.
2. The Staff Records Checklist for the former
director and staff members no longer working at the center shall be maintained on
file either at the center or at a central administrative office. The checklist shall
be updated to indicate the reason for discontinuance of employment.
3. Documentation of the information listed in the
Staff Records Checklist shall be maintained on file either at the center or at a
central administrative office.
(e) Failure by a sponsor, sponsor representative,
director, or other staff member to comply with the requirements specified in (a)
through (c) above or any evidence demonstrating unfitness or unsuitability to
fulfill the responsibilities and duties of his or her position or to serve or deal
with children in an appropriate manner shall constitute grounds for one or more of
the following actions:
1. Removal of the sponsor,
sponsor representative, director, or other staff member from his or her
position;
2. Reassignment to other
duties that do not involve contact with children;
3. Termination from the center; or
4. Denial, refusal to renew, suspension or
revocation of the center's license.
(f) Evidence of a previous denial, suspension,
revocation, or non-renewal of a license, as specified in (c)2iii above, shall not in
and of itself result in an automatic disqualification of the sponsor, sponsor
representative, prospective sponsor, or prospective sponsor representative to secure
a license for another or the same center, but shall constitute grounds for the
Office of Licensing to investigate the circumstances that led to the original
negative action and to make a determination as to whether to reject or process the
new application for a license.
