Current through Register Vol. 56, No. 18, September 16, 2024
(a) The director and
every staff member shall:
1. Be of good character
and reputation;
2. Be in sufficient
physical, mental and emotional health to perform his or her job duties
satisfactorily; and
3. Possess skills,
attributes and characteristics conducive to and suitable for operating a facility or
dealing with children, as applicable.
(b) Prior to hiring or utilizing a director or a
staff member who will be working at the facility, the facility shall secure and
maintain on file:
1. A signed application for
employment from each individual, indicating the applicant's name, address and
telephone number, education and work experience, and disclosure of the presence or
absence of criminal convictions. The employment application shall be updated to
indicate the reasons for discontinuance of employment, if applicable;
2. Two written or two verbal references on each
individual. These references shall be secured from former employers or other persons
who have knowledge of the individual's work experience or education and who can
attest to the individual's suitability to work with children. The verbal references
shall be documented in writing by the facility; and
3. Documentation from the Department showing
compliance with 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, for the director and each staff member.
(c) Failure by the director or other staff member
to comply with the requirements specified in (a) and (b) above, or any evidence
demonstrating unfitness or unsuitability to fulfill the responsibilities and duties
of his or her position or to serve or deal with children in an appropriate manner,
shall constitute grounds for one or more of the following actions:
1. Removal of the director or staff member from
his or her position by the governing board;
2. Reassignment to other duties that do not
involve contact with children;
3.
Termination from the facility; or
4.
Denial, refusal to renew, suspension, or revocation of the facility's certificate of
approval by the Office of Licensing.
(d) The facility shall disclose to the Office of
Licensing, in writing, information about and circumstances surrounding any previous
denial, suspension, revocation, or refusal to renew a certificate of approval or a
license to operate a facility either by the Office of Licensing or by the licensing
agency of another state. Evidence of a previous denial, suspension, revocation, or
refusal to renew a certificate of approval or license, shall not in and of itself
result in an automatic disqualification of the prospective facility to secure a
certificate of approval for another or the same facility, but shall constitute
grounds for the Office of Licensing to investigate the circumstances that led to the
original negative action and make a determination as to whether to reject or process
the new application for a certificate of approval.
(e) Requirements to prevent child abuse or neglect
are as follows:
1. The director or any staff
member shall verbally notify the Department's toll-free hotline, 1-877-NJ-ABUSE
(652-2873), immediately whenever there is reasonable cause to believe that a child
has been subjected to child abuse or neglect by a staff member or any other person,
pursuant to N.J.S.A. 9:6-8.9,
8.10, 8.13, and 8.14. This provision shall also apply to facilities located outside
of New Jersey, notwithstanding the child abuse and neglect provisions of the state
in which the facility is located;
2. The
facility shall report any suspected abuse or neglect of the child by his or her
parents or other family members to the Division;
3. In addition to the reporting requirements
specified in (e)1 above, the facility shall notify the Division worker, if
applicable, and parents of any unusual incidents that occurred at the facility and
that might indicate possible child abuse or neglect involving the child.
Notifications shall be made on the same day that the incident occurred. Incidents
may include, but are not limited to: acts of aggression, violent or destructive
behavior, suicidal threats or behavior, homicidal threats, inappropriate sexual
behavior, running away, withdrawal or passivity, drug or alcohol abuse, or
significant changes in the child's behavior or habits. The facility shall maintain
on file a record of incidents and documentation that the parents and Division
worker, if applicable, have been informed of those incidents.
4. The Department, during the course of
investigating an allegation of child abuse and neglect, may determine that
immediate, corrective action is necessary to protect the children whenever:
i. The director or staff member has been found by
the Department's Institutional Abuse Investigation Unit (IAIU) to pose a risk of
harm to children;
ii. The director or
staff member has committed an act of child abuse or neglect, as substantiated by the
IAIU; or
iii. The director or staff
member has been convicted of such acts;
5. Whenever the IAIU makes a determination, the
governing board or director shall carry out the Department's recommendation for
immediate remedial action and long term corrective action. Remedial action may
include, but not be limited to:
i. Removal or
suspension of the affected director or staff member from the facility or
reassignment to other duties that do not involve contact with the children;
or
ii. When the director or staff member
resides at the facility, removal of the affected employee from the
premises;
6. A suspension,
removal, or reassignment, as specified in (e)5 above, shall remain in effect until
the results of the Department's investigation have been determined, and a final
decision in the matter has been rendered by the Department; and
7. If an allegation of child abuse or neglect is
substantiated against the director or a staff member, the facility shall immediately
terminate the individual's employment at the facility. If an allegation of child
abuse or neglect is substantiated against the director, the Office of Licensing
shall deny, suspend, revoke, or refuse to renew the certificate of approval, as
applicable. The facility may appeal the denial, suspension, revocation, or refusal
to renew a certificate to the Office of Licensing, as specified in
N.J.A.C. 3A:55-2.4.
(f) The facility shall utilize medical,
dental, and psychological personnel serving children on either a staff or community
provider basis who shall:
1. Be responsible for
ensuring that the medical, dental, and psychological needs of the children are met;
and
2. Be licensed to practice in the
state where the staff member or community provider is located, as required by the
laws of that state.
