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:55-1.3 - Definitions

The following words and terms, when used in this chapter, shall have the following meanings:

"Adventure activity" means a planned activity of a wilderness or athletic nature that requires specially trained staff members and/or special equipment that is utilized with children to assist in their development of self-confidence and insight.

"Bureau" means the Bureau of Licensing of the Division of Youth and Family Services, New Jersey Department of Human Services.

"Certificate of approval" or "certificate" means a document issued by the Office of Licensing to a facility indicating that the facility is in substantial compliance with all applicable provisions of this chapter, and that there is no serious or imminent hazard that exists in the facility affecting the children.

"Chapter" means the rules contained in the Manual of Requirements for Residential Child Care Facilities, as specified in 3A:55-1.1 to 10.25 and reflect provisions that constitute minimum baseline requirements below which no facility that is subject to the authority of 30:1-14 and 30:4C-4 is legally permitted to operate.

"Child" means any person who is under 18 years of age or any person between the ages of 18 and 21 who is under the supervision of the Division in placement in a residential child care facility.

"Denial of a certificate" means the withholding by the Office of Licensing of an initial certificate of approval for which a facility has applied.

"Department" means the New Jersey Department of Children and Families.

"Director" means the on-site staff member responsible for the daily operation and management of the facility.

"Division" means the Division of Child Protection and Permanency, New Jersey Department of Children and Families.

"Exclusion" means the removal of a child to an area or room in the facility where there is limited or no stimulation. This removal is a therapeutic intervention and a time for the child to reflect on his or her behavior in order to gain control so he or she can return to the other children.

"Infant" means any person who is under the care of his or her adolescent mother in a facility serving adolescent mothers.

"Parent" means a birth or adoptive parent, legal guardian, or any other person having responsibility for, or custody of, a child.

"Person" means any individual, agency, corporation, company, association, organization, society, firm, partnership, joint stock company, the State or any political subdivision thereof.

"Placing agency" means an agency that assumes responsibility for payment of room and board for a child placed in a facility.

"Refusal to renew a certificate" means the non-issuance of a certificate of approval by the Office of Licensing to a facility after its existing certificate has expired.

"Regular certificate of approval" or "regular certificate" means a document issued by the Bureau to a facility indicating that the facility is in full compliance with all applicable provisions of this chapter.

"Restraint" means the holding of a child so that he or she cannot move all or part of his or her body.

"Restrictive behavior management practice" means the use of restraint, exclusion, mechanical restraint and a behavior management room as part of a comprehensive treatment plan to help the child develop self-control, to reduce maladaptive behavior, to protect the child and others from harm or to prevent serious disruption to the therapeutic environment.

"Revocation of a certificate" means a permanent removal of a facility's current certificate of approval to operate.

"Shall" denotes a provision of this chapter that a facility must meet to qualify for a certificate of approval.

"Should" denotes a recommendation reflecting goals towards which a facility is encouraged to work.

"Staff member" or "staff" means any person employed by or working for or at a facility on a regularly scheduled basis. This includes full-time, part-time, substitute, volunteer, student intern, contract or consulting personnel, whether compensated or not.

"Suspension of a certificate" means a temporary removal of a facility's current certificate of approval to operate.

"Temporary certificate of approval" or "temporary certificate" means a document issued by the Bureau, to a facility that is in substantial compliance with all applicable provisions of this chapter, provided that no serious or imminent hazard affecting the children exists in the facility.