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
manual;
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 manual;
5. Refusal to permit an authorized representative
of the Department to gain admission to the home or agency 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 owner or
staff members of the home to operate a children's group home;
7. Failure of an out-of-State home or agency to
maintain a license, approval or certification in its own state;
8. Failure by the agency or director to secure and
to maintain on file documentation from the Department showing compliance with
criminal conviction disclosures, as specified in
N.J.A.C.
3A:56-5.1(b)1, Criminal History
Record Information background checks, as specified in
N.J.A.C.
3A:56-5.6, or Child Abuse Record Information
background checks, as specified in
N.J.A.C.
3A:56-5.7;
9. Refusal by the director, treatment home parent,
teaching family home parent, alternative care home parent, supervised transitional
living home parent or household member 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
N.J.A.C.
3A:56-5.6(e);
13. A substantiated allegation of child abuse or
neglect against the director, treatment home parent, teaching family home parent,
alternative care home parent, supervised transitional living home parent or
household member; and
14. Conviction by
the director, treatment home parent, teaching family home parent, alternative care
home parent, supervised transitional living home parent or household member for a
crime or offense requiring disqualification, as specified in
N.J.A.C.
3A:56-5.6(e).
(b) The Office of Licensing shall
provide written notice to the home or agency if it intends to deny, suspend, revoke
or refuse to renew its application for a certificate. This notice shall specify the
Office's reasons for such action.
(c) If
the Office of Licensing denies, revokes, or refuses to renew a certificate of
approval, as specified in (a) above, the home or agency 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
home or agency may submit to the Office a new application for a
certificate.
(d) If a certificate is
suspended, the Office of Licensing shall issue or reinstate the certificate once the
home or agency achieves compliance with the provisions of this manual. In such a
case, the Office shall not require the home or agency to submit a new application
for a certificate unless such 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 home or agency remains the property of the State of New
Jersey. If the Office suspends or revokes a certificate of approval, the home or
agency shall return the certificate of approval to the Office immediately.
