New Jersey Administrative Code
Title 3A - CHILDREN AND FAMILIES
Chapter 54 - MANUAL OF REQUIREMENTS FOR FAMILY CHILD CARE REGISTRATION
Subchapter 6 - SAFETY, HEALTH, AND PROGRAM REQUIREMENTS FOR PROVIDERS
Section 3A:54-6.19 - Supervision

Universal Citation: NJ Admin Code 3A:54-6.19

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

(a) The provider shall be responsible for supervising the children and ensuring their safety at all times, including awareness and responsibility for the ongoing activity of each child. The provider shall be near enough to respond when redirection or intervention strategies are needed. Children who are asleep shall be within hearing and easy access of the provider, alternate provider, provider assistant, or substitute provider.

(b) The provider shall not engage in any activity while on duty during operating hours that distracts his or her attention from providing family child care services. Such activities shall include, but not be limited to, other employment, volunteer services, recreation, hobbies or frequent or prolonged socialization with adults.

(c) The provider shall not leave the premise of the family child care home unless an approved caregiver is present with the children.

(d) The provider shall be scheduled to care for children at least 75 percent of the home's operating hours. When a provider and an alternate provider share child care responsibilities, the provider shall be scheduled to care for children at least 50 percent of the home's operating hours.

(e) When a family child care home operates 24 hours a day, an alternate provider is required. No caregiver may work more than 16 consecutive hours.

(f) If the provider cannot be present, the designated substitute or the alternate provider, if any, as specified in N.J.A.C. 10:126-5.2(a)6, shall assume the provider's responsibility for supervision of the children.

1. The substitute provider and the alternate provider, if any, shall be familiar with all applicable requirements of the Manual of Requirements.

2. Prior to caring for children, the provider shall provide and document orientation training to newly hired substitute provider(s) and the alternate provider, if any, including the following:
i. The provider's policies and procedures;

ii. The names and ages of all enrolled children;

iii. Any special needs or health concerns of enrolled children;

iv. Any nutrition needs of enrolled children;

v. The planned program of activities;

vi. The location of emergency contact information;

vii. Procedures for emergency preparedness; and

viii. Mandatory reporting of child abuse and neglect.

3. When the provider is absent for six or more consecutive weeks and enrolled children continue to receive care in the home, another registered provider or the alternate provider, if any, shall temporarily assume the provider's responsibility for operating the home.

(g) When a provider assistant is present, the provider shall ensure that:

1. The provider assistant and the provider are involved in direct interaction with the children for a major portion of the day;

2. The provider assistant is familiar with all applicable requirements of the Manual of Requirements;

3. An assistant under 18 years of age is not left alone with the children except in an emergency; and

4. An assistant under 16 years of age:
i. Does not work in the home at any time when his or her school is in session;

ii. Does not work an excessive number of hours to the detriment of his or her health or schoolwork; and

iii. Obtains working papers as required by State law.

(h) No provider, alternate provider, substitute provider, assistant provider, if any, nor any other person in the home or while transporting children shall:

1. Consume alcoholic beverages when supervising children or during operating hours; or

2. Smoke while supervising children or during operating hours.

(i) No provider nor any other person shall supervise children when he or she:

1. Has a communicable disease or illness, as specified in the chart in 3A:54-6.9(c); or

2. Appears to be physically, emotionally or mentally impaired, or appears to have a drug-induced or alcohol-induced condition that would endanger the health, safety or well-being of a child in the home.

(j) Children shall be released from the home only to:

1. The child's parent(s); or

2. A person designated by the parent(s) in writing or by telephone.

(k) When a child's parent or person designated by the parent(s), as specified in (g)2 above, appears to be physically, emotionally or mentally impaired, or appears to have a drug-induced or alcohol-induced condition that would endanger the health, safety or well-being of the child, the provider shall:

1. Attempt to prevent the child's release to such an impaired individual; and

2. Attempt to contact the child's other parent or an alternate person authorized by the parent(s).

(l) The provider shall call the Department's State Central Registry at 1-877-NJ-ABUSE (1-877-652-2873) if:

1. The provider's attempts to prevent the child's release to an impaired person, as specified in (k)1 above, are unsuccessful; or

2. The provider's attempts to make alternative arrangements for the child's care, as specified in (k)2 above, are unsuccessful and the provider cannot continue to care for the child in the home.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.