New Jersey Administrative Code
Title 3A - CHILDREN AND FAMILIES
Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES
Subchapter 2 - APPROVAL PROCEDURES
Section 3A:55-2.3 - Denying, suspending, revoking, or refusing to renew a certificate of approval

Universal Citation: NJ Admin Code 3A:55-2.3

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

(a) The Office of Licensing may deny, suspend, revoke, or refuse to renew a certificate of approval for good cause, including, but not limited to, the following:

1. Failure to comply with the provisions of this chapter;

2. Violation of the terms and conditions of a certificate of approval;

3. Fraud or misrepresentation in obtaining a certificate;

4. Refusal to furnish the Department with files, reports, or records as required by this chapter;

5. Refusal to permit an authorized representative of the Department to gain admission to the facility or to conduct an inspection or investigation;

6. Any activity, policy, or staff conduct that adversely affects or is deemed by the Office of Licensing to be detrimental to the education, health, safety, well-being, or treatment needs of children or that otherwise demonstrates unfitness by the director or staff members of the facility to operate a residential child care facility;

7. Failure of an out-of-State facility to maintain a license, approval or certificate in its own state; and

8. Failure by the director to secure and to maintain on file documentation from the Department showing compliance with criminal conviction disclosures, as specified in 3A:55-5.1(b)1, Criminal History Record Information background checks, as specified in 3A:55-5.6, or Child Abuse Record Information background checks, as specified in 3A:55-5.7;

9. Refusal by the director to consent to or cooperate in a Criminal History Record Information background check or Child Abuse Record Information background check for himself or herself;

10. Refusal by the director to terminate the employment of a staff member who refuses to consent to or cooperate in a Criminal History Record Information background check or Child Abuse Record Information background check;

11. Refusal by the director to terminate the employment of a staff member when an allegation of child abuse or neglect has been substantiated against the staff member;

12. Refusal by the director to terminate the employment of a staff member convicted of a crime or offense requiring disqualification, as specified in 3A:55-5.6(e);

13. A substantiated allegation of child abuse or neglect against the director; and

14. Conviction by the director for a crime or offense requiring disqualification, as specified in 3A:55-5.6(e).

(b) The Office of Licensing shall provide written notice to the facility if it intends to deny, suspend, revoke, or refuse to renew its application for a certificate. This notice shall specify the Office of Licensing's reasons for the action and the need for the facility to come into compliance prior to the action being taken.

(c) If the Office of Licensing denies, revokes, or refuses to renew a certificate of approval, as specified in (a) above, the facility shall be prohibited from reapplying for a certificate of approval for one year from the date of certificate denial, revocation, or refusal to renew. After the one-year period has elapsed, the facility may submit to the Office of Licensing a new application for a certificate.

(d) If a certificate is suspended, the Office of Licensing shall issue or reinstate the certificate once the facility achieves compliance with the provisions of this chapter. In this case, the Office of Licensing shall not require the facility to submit a new application for a certificate unless reapplication is expressly made a condition of the issuance or reinstatement of the certificate.

(e) Each certificate of approval issued by the Office of Licensing to a facility remains the property of the State of New Jersey. If the Office of Licensing suspends or revokes a certificate of approval, the facility shall return the certificate of approval to the Office of Licensing immediately.

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