New Jersey Administrative Code
Title 3A - CHILDREN AND FAMILIES
Chapter 54 - MANUAL OF REQUIREMENTS FOR FAMILY CHILD CARE REGISTRATION
Subchapter 1 - GENERAL PROVISIONS
Section 3A:54-1.4 - Public access to records

Universal Citation: NJ Admin Code 3A:54-1.4

Current through Register Vol. 56, No. 18, September 16, 2024

(a) The Office of Licensing shall make the following items in its files available for public review:

1. Correspondence between the Office of Licensing and the sponsoring organization or other parties in matters pertaining to the Office of Licensing's review and inspection of the sponsoring organization;

2. Inspection/violation reports, where applicable, reflecting results of Office of Licensing inspections/reinspections of the sponsoring organization or of providers;

3. Forms and other standard documents used to collect routine data on the sponsoring organization and its program as part of its record of compliance with the Manual of Requirements;

4. Enforcement letters from the Office of Licensing requiring abatement of violations of the Manual of Requirements;

5. Completed complaint investigation reports, except for child abuse or neglect investigations or other information restricted from public access under the requirements of N.J.S.A. 9:6-8.10a or other State law; and

6. Any other documents, materials, reports or correspondence that would normally be included as part of the public record.

(b) The sponsoring organization shall make the following items in its files available for public review:

1. Applications for Certificates of Registration and related materials and documentation;

2. Copies of temporary and regular Certificates of Registration;

3. Correspondence between the sponsoring organization and the provider or other parties in matters pertaining to the sponsoring organization's monitoring or registration of the provider;

4. Evaluation/monitoring reports, where applicable, reflecting the results of the sponsoring organization's evaluation/monitoring of the provider;

5. Forms and other standard documents used to collect routine data on the provider as part of the provider's record of compliance with the Manual of Requirements;

6. Enforcement letters from the sponsoring organization requiring abatement of violations of the Manual of Requirements;

7. Correspondence to the sponsoring organization from the Office of Licensing regarding enforcement actions against the provider;

8. Chronological lists of events about the provider on compliance/enforcement matters;

9. Completed complaint investigation reports, except for child abuse or neglect investigations or other information restricted from public access under the requirements of N.J.S.A. 9:6-8.10a or other State law; and

10. Any other documents, materials, reports or correspondence that would normally be included as part of the public record.

(c) The Office of Licensing and the sponsoring organization shall keep confidential and not part of the public record the following:

1. Records, reports, or correspondence that pertain to child abuse or neglect investigations that are restricted from public access under the requirements of N.J.S.A. 9:6-8.10a or other State law;

2. Records, reports, correspondence, or forms containing names or any other information pertaining to children, parents, or providers that are restricted from public access under the requirements of N.J.S.A. 9:6-8.10a or other State law;

3. Records, reports, correspondence, or forms containing names of enrolled children or their parents;

4. Confidential information with regard to specific sponsoring organization personnel;

5. Memoranda and other internal correspondence between and among public agencies, including internal communication between the Office of Licensing and the Office of the Attorney General;

6. Any items that deal with reports of inspections or complaint investigations that are still in progress;

7. Health care provider's statements and results of Mantoux tests or chest X-rays received from providers, applicants and others, as specified in 3A:54-5.2(b) and (c);

8. Disclosures of criminal convictions received from providers, applicants and others, as specified in 3A:54-5.2(a)10; and

9. Other material required by State law to be maintained as confidential.

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