New Jersey Administrative Code
Title 3A - CHILDREN AND FAMILIES
Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES
Subchapter 3 - ADMINISTRATION
Section 3A:55-3.8 - Records

Universal Citation: NJ Admin Code 3A:55-3.8

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

(a) The facility's records shall be open for inspection by authorized representatives of the Office of Licensing, the Department's Institutional Abuse Investigation Unit (IAIU), the Department's contracting units, and Division workers, provided that they may only secure information about children under the Division's supervision. The facility's records shall also be open to inspection by other agencies pursuant to applicable Federal and State laws, requirements, or court order.

(b) Each facility shall maintain on file the following administrative records until the expiration of its certificate of approval:

1. The following records shall be maintained in files located at the facility:
i. A copy of this chapter;

ii. A statement of purpose, as specified in 3A:55-3.1 and 9.1;

iii. The Life/Safety and Program Inspection/Violation reports and Complaint Investigation Summary reports from the Office of Licensing, if applicable, as well as letters of enforcement or other actions taken against the facility, if applicable, that cover the current certificate of approval period;

iv. The document providing information to parents, as specified in 3A:55-3.3(a);

v. A record of each parent's signature attesting to the receipt of the information to parents document, as specified in 3A:55-3.3(b) 1;

vi. Documentation of the use of extermination services, if applicable, as specified in 3A:55-4.3(a)7;

vii. Policies and procedures regarding behavior management, as specified in N.J.A.C. 3A:55-6.13, 6.14 and 10.14;

viii. A record of in-service training conducted for staff members, as specified in 3A:55-5.4 and 10.3;

ix. A record of all incidents and accidents, recorded on incident and accident report forms, noting all details of the incident and accident and any actions taken by the staff members, as specified in N.J.A.C. 3A:55-6.13, 7.3(b) and 9.3(a) and (b);

x. A copy of the comprehensive health plan, as specified in 3A:55-7.1, 10.15 and 10.16;

xi. Copies of menus of food served to the children, including special diets, as specified in 3A:55-6.11 and 10.24;

xii. Aggregate statistical information on children served, including the date of each admission, date of each discharge, and reason for each discharge, as specified in N.J.A.C. 3A:55-5.2(a)10;

xiii. A record of signed parental consent for children's participation in fund-raising, publicity, photography, or audiovisual activities related to the facility, as specified in 3A:55-3.3(a)12;

xiv. A copy of the children's grievance procedures, as specified in 3A:55-3.2(e);

xv. A record of signed parental consent for medical treatment for each child, as specified in 3A:55-3.6(b)10;

xvi. A daily log book, in which an on-duty staff member shall comment on the activities and events of each day and staff member response to those events;

xvii. A daily log book, a separate log book, or notation in the child's case record, in which all visits to the child shall be recorded;

xviii. A copy of the staff members' work schedules and time sheets;

xix. A medication log book, as specified in N.J.A.C. 3A:55-7.4, 7.5 and 10.20;

xx. A written daily schedule of planned recreational, leisure time and physical exercise activities, as specified in 3A:55-6.8(b) and 10.11;

xxi. A record of pet vaccinations and the name and address of the licensed veterinarian providing care for the pets, if applicable, as specified in 3A:55-6.12;

xxii. A copy of the parenting education curriculum, if applicable, as specified in 3A:55-10.8;

xxiii. Documentation of the information received from the National Weather Service and park service, if applicable, as specified in 3A:55-9.1(n) and (o);

xxiv. A copy of the plan for emergency evacuation procedures, if applicable, as specified in 3A:55-9.2(a);

xxv. A copy of the plan for search and rescue procedures, if applicable, as specified in 3A:55-9.2(b);

xxvi. Copies of biking permits, if applicable, as specified in 3A:55-9.4(a);

xxvii. Documentation that permission was obtained to enter a cave from the owner or public authority, if applicable, as specified in 3A:55-9.6(c);

xxviii. Documentation of the care of horses, if applicable, as specified in 3A:55-9.8(d);

xxix. Documentation on the safety of ropes used in climbing, if applicable, as specified in 3A:55-9.9(d);

xxx. A copy of the plan for boating activities, if applicable, as specified in 3A:55-9.10(b);

xxxi. Copies of all permits, certificates or licenses for camping, if applicable, as specified in 3A:55-9.15(a);

xxxii. A copy of the policy for treating snake, animal and insect bites and contact with poisonous plants, if applicable, as specified in 3A:55-9.17(c);

xxxiii. A copy of the plan and procedures that enable children to receive an emergency message, and send and receive mail, if applicable, as specified in 3A:55-9.20(c);

xxxiv. Documentation that children were permitted to make free telephone calls, if applicable, as specified in 3A:55-9.20(e);

xxxv. A copy of the policy for visiting and communication for parents, if applicable, as specified in 3A:55-9.20(g); and

xxxvi. A copy of the feed plan for horses, if applicable, as specified in 3A:55-9.8 and 9.16.

2. The following records shall be maintained in files located either at the facility's administrative office or at the facility:
i. A record of comprehensive general liability insurance, as specified in 3A:55-3.9;

ii. A record of performance of required monthly fire drills and/or evacuation drills, as specified in 3A:55-4.5(c);

iii. A record of training sessions for staff members on evacuation procedures, the use of fire extinguishers, the location of fire alarms, and emergency medical procedures, as specified in 3A:55-5.4(a)3;

iv. A copy of the facility's vehicle insurance policy, as specified in 3A:55-8.2; and

v. Transportation records, if transportation is provided to children residing in the facility, as specified in 3A:55-8.4.

3. For all facilities whose programs are primarily adventure-based, the following records shall be maintained on location:
i. A copy of this chapter;

ii. The Life/Safety and Program Inspection/Violation Reports and Complaint Investigation Summary Reports from the Office of Licensing, if applicable, as well as letters of enforcement or other actions taken against the facility, if applicable, that cover the current certificate of approval period;

iii. Policies and procedures regarding behavior management, as specified in N.J.A.C. 3A:55-6.13, 6.14 and 10.14;

iv. A record of all incidents and accidents, recorded on incident and accident report forms, noting all details of the incident and accident and any actions taken by the staff members, as specified in N.J.A.C. 3A:55-6.13, 7.3(b) and 9.3(a) and (b);

v. Copies of menus of food served to the children, including special diets, as specified in 3A:55-6.11 and 10.24;

vi. A record of signed parental consent for children's participation in fund-raising, publicity, photography, or audiovisual activities related to the facility, as specified in 3A:55-3.3(a)12;

vii. A record of signed parental consent for medical treatment for each child, as specified in 3A:55-3.6(b)10;

viii. A daily log book, in which an on-duty staff member shall comment on activities and events of each day and staff member response to those events;

ix. A copy of staff members' work schedules and time sheets, as specified in N.J.A.C. 3A:55-5.2;

x. A medication log book, as specified in N.J.A.C. 3A:55-7.4, 7.5, and 10.20;

xi. A written daily schedule of planned recreational, leisure time and physical exercise activities, as specified in 3A:55-6.8(b) and 10.11;

xii. A copy of the plan for emergency evacuation procedures, as specified in 3A:55-9.2(a); and

xiii. A copy of the plan for search and rescue procedures, as specified in 3A:55-9.2(b).

(c) The facility shall maintain on file the following staff records throughout a staff member's employment and for one year after the staff member has stopped working at the facility:

1. The following records for the director and all staff members shall be maintained in files located either at the facility's administrative office or at the facility:
i. Applications for employment, with disclosure statement(s), as specified in N.J.A.C. 3A:55-5.1(b) and 9.18;

ii. References on the director and staff members, as specified in N.J.A.C. 3A:55-5.1(b) and 9.18;

iii. A record of each staff member's signature attesting to his or her receipt of the policy statement on the disciplining of children by staff members, as specified in 3A:55-3.3(b);

iv. A record of each staff member's signature attesting to his or her receipt of the information to parents document, as specified in 3A:55-3.3(b);

v. Health information, as specified in 3A:55-7.7; and

vi. Documentation of completion of a Criminal History Record Information background check, as specified in 3A:55-5.6, and a Child Abuse Record Information background check, as specified in 3A:55-5.7.

2. The following staff records shall be maintained in files located at the facility:
i. Current staff member attendance sheets;

ii. A full written disclosure of the director's and every staff member's background, previous work experience, and criminal convictions, if any, as specified in N.J.A.C. 3A:55-5.1(b) and 9.18;

iii. Documentation that every staff member received and reviewed a copy of the facility's statement of purpose, grievance policy, children's bill of rights, fireplace policy, search and seizure policy, and information to parents statement, as specified in N.J.A.C. 3A:55-3.1(b), 3.2(b) to (d), 3.3(b), and 4.4(c)6; and

iv. Documentation of training received by staff members, as specified in 3A:55-5.4 and 10.3.

(d) The facility shall maintain on file the following children's records during the child's placement at the facility and for at least four years following the discharge of the child:

1. Identifying information, as specified in 3A:55-3.6(b) and (c);

2. A copy of each treatment plan developed for the child, as specified in N.J.A.C. 3A:55-6.1, and a copy of the case management plan for facilities that serve pregnant and parenting adolescents, as specified in 3A:55-10.4;

3. Education records, as specified in 3A:55-6.7;

4. Reports of incidents, including, but not limited to, acts of aggression, violent or destructive behavior, discovery of contraband, suicidal threats, discovery of a weapon, inappropriate sexual behavior, involvement with the police and documentation of efforts made to locate runaways, as specified in N.J.A.C. 3A:55-6.13, 6.14 and 6.15;

5. Reports of accidents, as specified in 3A:55-7.3 and 9.3(a) and (b);

6. Documentation of the opening of a child's mail by facility staff, as specified in 3A:55-6.6;

7. Medical records, as specified in 3A:55-7.2 and 9.17(a) and (b);

8. Explanations of medical treatment, as specified in 3A:55-10.19;

9. A discharge summary, as specified in 3A:55-6.2 and 10.5;

10. An aftercare plan, as specified in 3A:55-6.2 and 10.5;

11. An infant's feeding schedule, as specified in 3A:55-10.24;

12. Documentation that an adolescent mother received life skills development training, as specified in 3A:55-10.25; and

13. Documentation that a child received information on adventure activities, as specified in 3A:55-9.1(c).

(e) The facility shall ensure the confidentiality of the records for each child enumerated in (d) above, in accordance with New Jersey State law, including N.J.S.A. 9:6-8.1 0(a) covering abuse and neglect information. The facility shall ensure that all entries in the child's record indicate the entry date and the name and signature of the person making the entry.

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