New Jersey Administrative Code
Title 3A - CHILDREN AND FAMILIES
Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES
Subchapter 1 - GENERAL PROVISIONS
Section 3A:55-1.1 - Legal authority

Universal Citation: NJ Admin Code 3A:55-1.1

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

(a) Under N.J.S.A. 30:1-14, as applied by N.J.S.A. 9:3A-9 and 30:4C-4(d), the Department of Children and Families is authorized to inspect, evaluate, and approve publicly or privately operated facilities that provide board, lodging, care, and treatment services for children who are placed or financed by the Department or any other New Jersey State agency.

(b) Under N.J.S.A. 30:1-14, as applied by N.J.S.A. 9:3A-9, the following facilities shall be subject to inspection, evaluation, and approval by the Department:

1. New Jersey-based children's residential facilities, as defined in this chapter, except facilities that are licensed, approved, or regulated pursuant to State law by the Division of Mental Health and Addiction Services of the Department of Human Services, by the State Department of Health, by the State Department of Education, by the State Department of Corrections, or by any other New Jersey State agency; and

2. Out-of-State children's residential facilities as defined in this chapter, that serve one or more children under the supervision or care of the Division of Child Protection and Permanency or the Division of Children's System of Care. As a condition of approval by the Department, these facilities shall be licensed, certified, or otherwise permitted to operate in the state where the facility is located.

(c) In order to be approved, a children's residential facility shall demonstrate to the satisfaction of the Department or its duly authorized agent that it complies with all applicable provisions of this chapter.

(d) Under N.J.S.A. 30:1-15, as applied by N.J.S.A. 9:3A-9, the Department of Children and Families is also authorized to visit and inspect publicly or privately maintained institutions or other institutions and noninstitutional agencies that:

1. Provide board, lodging, or care for children who are not placed or financed by the Division of Child Protection and Permanency or any other New Jersey State agency; and

2. Are not subject to licensing or regulation by any New Jersey State agency.

(e) The Department is authorized to visit and inspect facilities described in (d) above to assess the general health, safety, and well-being of the children and the care and treatment they are receiving, but cannot require their compliance with this chapter and must secure an order from a court of competent jurisdiction, pursuant to N.J.S.A. 30:1-16, as applied by N.J.S.A. 9:3A-9, to compel correction of serious deficiencies.

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