(a) This chapter is promulgated pursuant to the Family Day Care Provider Registration Act of 1987, N.J.S.A. 30:5B-16 et seq. (P.L. 1987, Chapter 27), which became effective April 27, 1987.
(b) Under N.J.S.A. 30:5B-16 et seq., the Division of Youth and Family Services has the authority to:
i. Operation and maintenance of family child care sponsoring organizations; and
ii. Voluntary registration of family child care providers; and
2. Contract with certain agencies or organizations to serve as sponsoring organizations for the voluntary registration of family child care providers.
(c) Responsibility for ensuring that a sponsoring organization complies with all applicable provisions of N.J.S.A. 30:5B-16 et seq., and of this chapter is delegated by the Division to the Bureau of Licensing, which shall:
1. Inspect and monitor the sponsoring organization to determine compliance with applicable provisions of this chapter;
2. Conduct random inspections of family child care homes to ensure compliance with applicable provisions of this chapter; and
3. Provide technical assistance to the sponsoring organization.
(d) A sponsoring organization is authorized to:
1. Register family child care provider applicants within a specific geographic area. A geographic area may include:
ii. A group of several counties;
2. Issue new and renewal Certificates of Registration to family child care providers;
3. Provide administrative services, including but not limited to technical assistance, training and consultation to providers;
4. Evaluate and monitor providers at least once every two years;
5. Annually monitor no less than 20 percent of providers on a random basis;
6. Collect a $25.00 registration fee payable to the sponsoring organization each time a Certificate of Registration is initially granted or renewed;
7. Maintain permanent records on each provider;
8. Ensure that each provider complies with all applicable requirements of N.J.A.C. 10:126, the Manual of Requirements for Family Child Care Registration; and
9. Provide a program of outreach and public relations to inform providers and potential providers of the provisions of this chapter.
The following words and terms, when used in this chapter, shall have the following meanings:
"Alternate provider" means a person who shares child care responsibilities with a registered provider at the provider's residence and meets all applicable requirements, as specified in N.J.A.C. 10:126-5 and 6.
"Bureau" means the Bureau of Licensing, Division of Youth and Family Services, New Jersey Department of Human Services.
"Certificate of Registration" means a document issued by a sponsoring organization to a family child care provider, acknowledging that the provider is in compliance with all applicable provisions of this chapter.
"Chapter" means the rules contained in the Manual of Requirements for Family Child Care Registration, as specified in N.J.A.C. 10:126, which reflect provisions that constitute minimum baseline requirements below which no family child care sponsoring organization or registered family child care provider that is subject to the authority of N.J.S.A. 30:5B-16 et seq. is legally permitted to operate.
"Child" means any person under 13 years of age.
"Denial of a Certificate of Registration" means a refusal by the sponsoring organization to issue an initial Certificate of Registration.
"Department" means the New Jersey Department of Human Services.
"Division" means the Division of Youth and Family Services, New Jersey Department of Human Services.
"Evaluate" or "evaluation" means the review of a family child care provider by a sponsoring organization upon receipt of an application for a Certificate of Registration to determine the applicant's compliance with the requirements of this chapter.
"Family child care home" means the private residence of the family child care provider in which child care services are provided to no fewer than three and no more than five children at any one time for no fewer than 15 hours per week, except that the Division shall not exclude a family child care home with fewer than three children from voluntary registration.
"Family child care provider applicant" or "provider applicant" or "applicant" means a person at least 18 years of age who has applied for a Certificate of Registration.
"Family child care provider" or "registered family child care provider" or "provider" means a person who has received an initial, renewal or temporary Certificate of Registration issued by a sponsoring organization.
"Family child care sponsoring organization" or "sponsoring organization" means an agency or organization that contracts with the Department to assist in the voluntary registration of family child care providers and that complies with all applicable requirements of the Manual of Requirements for Family Child Care Registration.
"Health care provider" means a physician, nurse practitioner, physician's assistant or other health care professional who is licensed or otherwise authorized by the state in which he or she practices to perform the applicable health care services specified in this manual.
"Household member" means an individual at least 14 years of age who resides in the home of a registered family child care provider or applicant for registration.
"Manual of Requirements for Family Child Care Registration" or "Manual of Requirements" means the requirements contained in this chapter (N.J.A.C. 10:126).
"Monitor" or "monitoring visit" means to visit a registered family child care provider to review the provider's compliance with the applicable requirements of the Manual of Requirements.
"Parent" means a natural, foster or adoptive parent, guardian, or any person with responsibility for, or custody of, a child.
"Provider assistant" means a person at least 14 years of age who has been designated by the provider and approved by the sponsoring organization to assist the provider in caring for children in the home.
"Refusal to renew a Certificate of Registration" or "nonrenewal" means the nonissuance of a Certificate of Registration by the sponsoring organization after the expiration of the existing Certificate of Registration.
"Registration fee" means payment to a sponsoring organization by a provider or applicant upon issuance of a temporary or regular Certificate of Registration.
"Renewal of a Certificate of Registration" means the issuance of a Certificate of Registration by the sponsoring organization after the expiration of the existing Certificate of Registration.
"Revocation of a Certificate of Registration" means a permanent removal of a provider's current Certificate of Registration for failure to comply with the applicable requirements of the Manual of Requirements.
"Shall" denotes a provision of this chapter that a sponsoring organization or a family child care provider must meet to qualify for approval or a Certificate of Registration, respectively.
"Should" denotes a recommendation reflecting goals toward which a sponsoring organization or a family child care provider is encouraged to work.
"Staff member" means a person employed by or working for a sponsoring organization on a regularly scheduled basis. This includes full-time, part-time, and voluntary staff, whether paid or unpaid.
"Substitute provider" means a person at least 18 years of age designated by the provider and approved by the sponsoring organization who is readily available to provide child care in the provider's home when the provider can not be present.
"Suspension of a Certificate of Registration" means a temporary removal of a provider's current Certificate of Registration, which can be reinstated by the sponsoring organization upon the provider's compliance with the applicable requirements of the Manual of Requirements.
"Temporary Certificate of Registration" means a document issued by the sponsoring organization to a provider which indicates that the provider is in substantial compliance with the requirements of the Manual of Requirements, provided that no imminent hazard affecting the children exists in the home.
(a) A sponsoring organization shall obtain approval from the Bureau of Licensing pursuant to the legal authority specified in N.J.A.C. 10:126-1.1(c) upon execution of a contract with the Department.
(b) The Bureau will conduct a biennial comprehensive programmatic inspection of the sponsoring organization to determine compliance with the applicable provisions of this chapter.
(c) If the sponsoring organization meets all applicable provisions of this chapter, the Bureau will issue a letter of approval.
(d) The Bureau will notify the sponsoring organization in writing if a letter of approval will not be issued.
(e) If the Bureau determines that the sponsoring organization is in substantial compliance with all applicable provisions of this chapter, the Bureau may issue a letter of temporary approval.
(f) The Bureau may issue as many temporary approvals as it deems necessary. Each letter of temporary approval, however, may be issued for a period not to exceed six months.
(g) When a letter of temporary approval is issued, the Bureau will provide a written statement explaining what the sponsoring organization must do to achieve full compliance.
(h) Each approval period, which may include the issuance of one or more letters of temporary approval and/or one letter of approval, shall be two years.
1. In determining the expiration date of the first letter of approval, the Bureau shall compute the two-year approval period from the date of issuance of the first letter of approval or temporary approval.
2. In determining the expiration date of a renewed approval, the Bureau shall compute the two-year approval period from the date on which the sponsoring organization's previous letter of approval expired.
(i) The letter of approval or temporary approval shall be maintained on file at the sponsoring organization's offices.
(j) An authorized representative of the Bureau may make an announced or unannounced visit at any time during the sponsoring organization's normal operating hours to inspect the sponsoring organization and/or review files, reports or records to determine its compliance with provisions of this chapter and/or to investigate a complaint.
(k) A sponsoring organization's approval may be denied or revoked for any activity, policy or conduct that presents a serious or imminent hazard to the health, safety and well-being of a child or that otherwise demonstrates the sponsoring organization's unfitness or inability to operate a sponsoring organization or to administer the family child care registration program in accordance with the provisions of this chapter and with sound and effective administrative and financial policies, procedures and practices.
(l) When a sponsoring organization is found to be in violation of any provision(s) of this chapter, the Bureau will notify the sponsoring organization of the violation(s) in writing and afford the sponsoring organization an opportunity to abate the violation(s). If the sponsoring organization fails to abate the violation(s), the Bureau may deny, suspend, revoke or refuse to renew the sponsoring organization's approval.
(m) When the Bureau proposes to deny, suspend, revoke or refuse to renew a sponsoring organization's approval, the Bureau will:
1. Notify the sponsoring organization in writing of the reasons for such action; and
2. Afford the sponsoring organization an opportunity to request an administrative hearing, pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(a) The Division shall make the following items in its files available for public review:
1. Correspondence between the Division and the sponsoring organization or other parties in matters pertaining to the Division's review and inspection of the sponsoring organization;
2. Inspection/violation reports, where applicable, reflecting results of Division inspections/reinspections of the sponsoring organization or of providers;
3. Forms and other standard documents used to collect routine data on the sponsoring organization and its program as part of its record of compliance with the Manual of Requirements;
4. Enforcement letters from the Division requiring abatement of violations of the Manual of Requirements;
5. Completed complaint investigation reports, except for child abuse/neglect investigations or other information restricted from public access under the requirements of the State Child Abuse and Neglect Law or other State law; and
6. Any other documents, materials, reports or correspondence that would normally be included as part of the public record.
(b) The sponsoring organization shall make the following items in its files available for public review:
1. Applications for Certificates of Registration and related materials/documentation;
2. Copies of temporary and regular Certificates of Registration;
3. Correspondence between the sponsoring organization and the provider or other parties in matters pertaining to the sponsoring organization's monitoring or registration of the provider;
4. Evaluation/monitoring reports, where applicable, reflecting the results of the sponsoring organization's evaluation/monitoring of the provider;
5. Forms and other standard documents used to collect routine data on the provider as part of the provider's record of compliance with the Manual of Requirements;
6. Enforcement letters from the sponsoring organization requiring abatement of violations of the Manual of Requirements;
7. Correspondence to the sponsoring organization from the Division regarding enforcement actions against the provider;
8. Chronological lists of events about the provider on compliance/enforcement matters;
9. Completed complaint investigation reports, except for child abuse/neglect investigations or other information restricted from public access under requirements of the State Child Abuse and Neglect Law or other State law; and
10. Any other documents, materials, reports or correspondence that would normally be included as part of the public record.
(c) The Division and the sponsoring organization shall keep confidential and not part of the public record the following:
1. Records, reports or correspondence that pertain to child abuse/neglect investigations that are restricted from public access under the requirements of the State Child Abuse and Neglect Law or other State law;
2. Records, reports, correspondence or forms containing names and/or any other information pertaining to children, parents or providers that are restricted from public access under the requirements of the State Child Abuse and Neglect Law or other State law;
3. Records, reports, correspondence or forms containing names of enrolled children and/or their parents;
4. Confidential information with regard to specific sponsoring organization personnel;
5. Memoranda and other internal correspondence between and among public agencies, including internal communication between the Division and the Office of the Attorney General;
6. Any items that deal with reports of inspections and/or complaint investigations that are still in progress;
7. Health care provider's statements and results of Mantoux tests or chest X-rays received from providers, applicants and others, as specified in N.J.A.C. 10:126-5.2(b) and (c);
8. Disclosures of criminal convictions received from providers, applicants and others, as specified in N.J.A.C. 10:126-5.2(a)10; and
9. Other material required by State law to be maintained as confidential.
(a) Any public agency or private not-for-profit agency or organization may apply to become a family child care sponsoring organization, provided the agency meets the eligibility requirements specified in (b) below.
(b) A family child care sponsoring organization, in order to secure, maintain or renew a contract to provide registration services, shall:
1. Demonstrate the capability of providing administrative services, including, but not limited to, training, technical assistance, consultation, inspection, supervision and monitoring of family child care providers;
2. Meet the contracting requirements of the Department of Human Services, as specified in the Department of Human Services' Contract Policy and Information Manual and Cost Reimbursement Manual and all applicable requirements of the Manual of Requirements; and
3. Comply with all performance provisions and level of service provisions, as specified in the executed contract and its annexes.
(a) A privately operated sponsoring organization shall have a governing board that has the authority to:
1. Set overall administrative and operational policies for the sponsoring organization;
2. Ensure the financial viability of the sponsoring organization;
3. Establish policies pertaining to, but not limited to:
ii. Personnel recruitment, selection, training and performance evaluation; and
4. Oversee fiscal operations, including budget and resource development.
(b) A publicly operated sponsoring organization shall have an advisory board or committee that offers advice and counsel to the sponsoring organization on the fiscal and administrative operation of the family child care registration program.
(c) The sponsoring organization shall delegate responsibility for day-to-day operations to an executive director or administrator and clearly delineate in writing the respective duties of the governing or advisory board and of the executive director or administrator.
(d) The sponsoring organization shall appoint an appeals committee, which shall:
1. Hear appeals made by providers or provider applicants on actions taken by the sponsoring organization to deny, suspend, revoke or refuse to renew a Certificate of Registration;
2. Exclude from its membership staff members responsible for decisions regarding the denial, suspension, revocation or refusal to renew a Certificate of Registration; and
3. Maintain on file documentation of its findings, as specified in N.J.A.C. 10:127-2.4(a)1ix.
(e) The sponsoring organization shall provide family child care registration services throughout all municipalities in its designated geographic area.
(f) The sponsoring organization may subcontract for the provision of services to providers and/or provider applicants. The sponsoring organization shall ensure that:
1. An agency under subcontract complies with all applicable requirements of the Manual of Requirements in the delivery of services to providers and/or provider applicants;
2. An agency under subcontract to register providers does not deny a Certificate of Registration to any provider applicant who is in full compliance with the applicable requirements of the Manual of Requirements; and
3. A copy of the subcontract between the sponsoring organization and the agency subcontracted to perform services related to family child care registration is maintained on file, as specified in N.J.A.C. 10:126-2.4(a)1xi.
(g) The Bureau will notify the sponsoring organization in writing whenever the Bureau determines that the sponsoring organization is operating in violation of any of the requirements of the Manual of Requirements, in which case the notification will specify the corrective action that must be taken by the sponsoring organization in order to abate the violation(s).
(a) The sponsoring organization or any staff member shall notify verbally the Division's Office of Child Abuse Control(toll free 1-(800)-792-8610) immediately, whenever there is reasonable cause to believe that a child has been subjected to abuse/neglect by a provider or any other person, pursuant to the State Child Abuse and Neglect Law (N.J.S.A. 9:6-8.9, 8.10, 8.13 and 8.14).
(b) The sponsoring organization or any staff member shall notify the Bureau immediately of any imminent danger(s) or hazard(s) that threaten the health and safety of children in the provider's home.
(c) The sponsoring organization shall notify the Department and the Bureau, verbally, of any of the following changes or events by the next working day after the sponsoring organization learns of their occurrence:
1. Injury that results in the admittance of a child to a hospital while in the care of a provider;
2. The death of a child while in the care of a provider;
3. Damage to the sponsoring organization's offices that affects the operation of family child care registration;
4. Any criminal conviction(s) of the staff of the sponsoring organization or of a provider, alternate provider, substitute provider, provider assistant, or member of a provider's household;
5. Cancellation of the sponsoring organization's general/comprehensive liability insurance coverage; and
6. Unanticipated permanent or temporary closing of the sponsoring organization.
(d) The sponsoring organization shall notify the Department and the Bureau, verbally, within three working days, of any changes in the name, location, executive director or administrator of the sponsoring organization.
(a) The sponsoring organization shall maintain in files located at its office the following records:
i. The Manual of Requirements for Family Child Care Registration;
ii. The document providing information to parents, as specified in N.J.A.C. 10:126-4.9(a);
iii. Staff records, as specified in N.J.A.C. 10:126-3.1(g);
iv. Documentation of training sessions provided to staff members, as specified in N.J.A.C. 10:126-3.4(a)2;
v. A copy of the sponsoring organization's insurance policy/policies, as specified in the Department of Human Services' Contract Policy and Information Manual;
vi. Financial records, as specified in the Department of Human Services' Contract Policy and Information Manual;
vii. Documentation of provider training sessions, as specified in N.J.A.C. 10:126-4.2(f);
viii. Files documenting denials, suspensions, revocations and nonrenewals of Certificates of Registration, as specified in N.J.A.C. 10:126-4.6(d);
ix. Documentation of findings by the appeals committee, as specified in N.J.A.C. 10:126-2.2(d)3;
x. Documentation of registration fees collected from providers, as specified in N.J.A.C. 10:126-4.5(b); and
xi. A copy of contracts between the sponsoring organization and any subcontracted agency to perform services related to family child care registration, as specified in N.J.A.C. 10:126-2.2(f)3.
i. The provider's completed application form, as specified in N.J.A.C. 10:126-5.2(a);
ii. A copy of the provider's Certificate of Registration, as specified in N.J.A.C. 10:126-5.4 and 5.5;
iii. Health records received for the provider or applicant and the alternate provider and provider assistant, if any, as specified in N.J.A.C. 10:126-5.2(b) through (d);
iv. Letters of reference received for the provider or applicant and the alternate provider, if any, as specified in N.J.A.C. 10:126-5.2(e);
v. Disclosure(s) of criminal conviction(s) if any, as specified in N.J.A.C. 10:126-5.2(a)10;
vi. A written report of each visit by the sponsoring organization to the home of the provider or applicant, as specified in N.J.A.C. 10:126-4.1(c)5 and 4.7(d);
vii. A record of pre-service and in-service training sessions completed by the provider or applicant and the alternate provider, if any, as specified in N.J.A.C. 10:126-4.2(f);
viii. A record of any complaints of alleged violations of the Manual of Requirements against the provider, as specified in N.J.A.C 10:126-4.6(d);
ix. Files on providers who have discontinued family child care services; and
x. Additional information as may be received regarding the provider's compliance with the requirements of the Manual of Requirements.
(b) The sponsoring organization shall provide to the Bureau upon request:
1. A list of names, addresses and telephone numbers of all registered providers; and
2. Statistical records, including:
i. The number of providers registered; and
ii. The number and ages of the children served.
(c) The administrative records specified in (a)1 and 2 above shall be maintained by the sponsoring organization for two calendar years.
(d) The sponsoring organization shall contact all registered providers at least twice a year to confirm the provider's name, address, telephone number and continued participation in the registration program.
(a) Whenever the Division receives a complaint questioning the compliance of a sponsoring organization with the requirements of the Family Day Provider Registration Act or of the Manual of Requirements, the Division will investigate the allegation within 10 working days to determine whether the complaint is substantiated.
(b) The Division will notify the sponsoring organization of the results of the complaint investigation within 15 working days after the report of the Division's investigation has been finalized. Such notification shall include the results of the investigation, in keeping with the State Public Records Law (N.J.S.A. 47:1A-1 to 4), with the exception of any information not permitted to be disclosed under the State Child Abuse and Neglect Law (N.J.S.A. 9:6-8 et seq.) or other State law.
(c) If the complaint is substantiated or if any violations are cited as a result of the complaint investigation, the sponsoring organization shall abate the violation(s), in accordance with the time frame established by the Bureau.
(d) Any individual filing a complaint against a sponsoring organization may do so anonymously. If the complainant reveals his or her identity, the name of the complainant shall be included in the Division's records.
(e) A description of the complaint allegations and the substantiation or non-substantiation of each allegation shall be included in the Division's records and shall be available for public review upon completion of the investigation by the Division, with the exception of any information not permitted to be disclosed under the State Child Abuse and Neglect Law or other State law.
(f) The sponsoring organization shall cooperate with the Division whenever complaint investigations are conducted.
(a) The executive director or administrator and every staff member of a sponsoring organization shall:
1. Be of good character and reputation;
2. Be in sufficient physical, mental and emotional health to perform his or her duties satisfactorily; and
3. Possess skills, attributes and characteristics conducive to and suitable for directing a sponsoring organization and/or providing services to parents and providers, as specified in the Manual of Requirements.
(b) Prior to the employment or utilization of the executive director/administrator or a staff member, the sponsoring organization shall require the applicant for executive director/administrator and each staff applicant to complete and sign an application for employment, indicating the applicant's:
1. Name, address and telephone number;
2. Education and work experience; and
3. Disclosure of criminal convictions, if any.
(c) Prior to the executive director/administrator's or any staff member's employment, the sponsoring organization shall obtain two references, either in writing or verbally, from former employers or other persons who have knowledge of the applicant's work experience, education, and character.
(d) The executive director/administrator and every staff member shall notify the sponsoring organization by the end of the sponsoring organization's next working day, of any criminal convictions during their employment or utilization by the sponsoring organization.
(e) Evidence of conviction for crimes of violence, anti-social behavior, child abuse/neglect or other crimes which may relate adversely to the operation of the sponsoring organization shall be among those actions that are considered in determining an individual's fitness and suitability to serve as executive director/administrator or as a staff member.
(f) Evidence of conviction of a crime, in itself, shall not automatically preclude an individual from serving as executive director/administrator or as a staff member and shall not automatically result in the removal or termination of the executive director/administrator or a staff member from his or her position or job. Such determination shall be made on a case by case basis, in keeping with the provisions of the State Rehabilitated Convicted Offenders Act (N.J.S.A. 2A:168A-1 et seq.), which provides that a person convicted of a crime may not be disqualified or discriminated against by a licensing authority unless the conviction relates adversely to the occupation, trade, vocation, profession or business for which a license is sought.
(g) The sponsoring organization shall maintain on file for the executive director/administrator and for each staff member:
1. A completed employment application;
2. Written documentation of references; and
(a) Each sponsoring organization shall have an executive director or administrator who is responsible for the overall management and administration of the sponsoring organization's family child care registration program. The executive director or administrator shall designate a person to assume this responsibility in his or her absence.
(b) The sponsoring organization shall have sufficient staff to carry out the family child care registration program.
(c) The executive director/administrator may also serve as a staff member.
(d) The executive director/administrator or designee shall ensure:
1. That the sponsoring organization operates in full compliance with all applicable requirements of the Manual of Requirements;
2. That each provider operates in full compliance with all applicable requirements of the Manual of Requirements;
3. The supervision of all staff members assigned to the sponsoring organization's family child care registration program;
4. The development and implementation of policies and procedures for the day-to-day operation of the sponsoring organization's family child care registration program;
5. The orientation of staff members to the policies and procedures of the sponsoring organization;
6. The development and maintenance of administrative, fiscal and program records;
7. The training of staff members, as specified in N.J.A.C. 10:126-3.4, and providers, as specified in N.J.A.C. 10:126-4.2; and
8. The development and implementation of a program of outreach and public relations, as specified in N.J.A.C. 10:126-4.11, and technical assistance, as specified in N.J.A.C. 10:126-4.8.
(a) The executive director/administrator designated in N.J.A.C. 10:126-3.2(a) shall possess the following:
2. Three years of managerial and/or supervisory experience in the field of human services, child care services, child development, education, nursing, social work, or business.
(b) Staff members responsible for provider evaluation, monitoring, support, technical assistance and training shall possess the following:
1. An associate's degree in human services, child care services, child development, education, nursing or social work and one year of experience working with children; or
2. A high school diploma or General Education Development (GED) diploma and three years of experience in the field of human services, child care services, child development, education, nursing, or social work.
(a) The executive director/administrator shall:
1. Provide staff members with access to a copy of the Manual of Requirements for Family Child Care Registration; and
2. Ensure that staff, as appropriate, are trained in:
i. Recognizing and reporting child abuse/neglect, as specified in N.J.A.C. 10:126-2.3(a);
ii. Evaluating provider applicants, as specified in N.J.A.C. 10:126-4.1;
iii. Conducting pre-service and in-service training sessions for providers, as specified in N.J.A.C. 10:126-4.2;
iv. Monitoring providers, as specified in N.J.A.C. 10:126-4.7;
v. Providing technical assistance to providers, as specified in N.J.A.C. 10:126-4.8;
vi. Procedures for identification and referral of special needs children, as specified in N.J.A.C. 10:126-4.9(b);
vii. Implementing outreach and public relations for family child care, as specified in N.J.A.C. 10:126-4.11; and
viii. The requirements of the Manual of Requirements for Family Child Care Registration.
(a) The sponsoring organization shall provide to each applicant for a Certificate of Registration:
1. A copy of subchapters 1, 5 and 6 of the Manual of Requirements for Family Child Care Registration or the entire Manual of Requirements, if requested;
3. The names and addresses of all family child care networks known to the sponsoring organization and serving the applicant's geographic area; and
4. The name, address, and telephone number of the local resource and referral agency of the New Jersey Child Care Resource and Referral System serving the applicant's area, if other than the sponsoring organization.
(b) The sponsoring organization shall evaluate each applicant prior to the issuance of a Certificate of Registration.
(c) The sponsoring organization's evaluation of each applicant shall include a review of:
2. Disclosures by the provider or applicant, the substitute provider, all members of the provider's household who are at least 14 years old, and the provider assistant and the alternate provider, if any, of any criminal conviction(s), as specified in N.J.A.C. 10:126-5.2(a)10;
3. Letters of reference received for the provider or applicant and the alternate provider, if any, as specified in N.J.A.C. 10:126-5.2(e);
4. Health records submitted by the provider or applicant and by the alternate provider and provider assistant, if any, as specified in N.J.A.C. 10:126-5.2(b) and (c);
5. A written report of the evaluation visit to the applicant's family child care home, as specified in (d) below; and
6. Evidence showing that the applicant and the alternate provider, if any, have completed pre-service training, as specified in N.J.A.C. 10:126-4.2.
(d) The sponsoring organization shall visit each applicant's home to evaluate the applicant's compliance with all applicable requirements of the Manual of Requirements.
(e) The sponsoring organization shall complete and maintain on file a Home Inspection/Violation Report designated by the Bureau of Licensing for each home evaluated, identifying the date the violation was cited, the nature of the violation and the date that the reinspection occurred or will occur.
(f) The sponsoring organization should encourage and assist providers who do not have a working telephone in the home to secure telephone service.
(a) The sponsoring organization shall provide eight hours of pre-service training for each provider or applicant and alternate provider prior to the issuance of a regular Certificate of Registration.
(b) The sponsoring organization shall ensure that the pre-service training includes information regarding, but is not limited to, the following subjects:
1. Child growth and development;
3. Safety, first aid and emergency evacuation procedures;
7. Parent-provider communication;
8. Recognizing and reporting child abuse and neglect;
9. Reducing the risk of Shaken Baby Syndrome;
10. Preventing Sudden Infant Death Syndrome;
11. Administering medication to children;
12. Including children with special needs in the family child care home;
13. Understanding New Jersey's family child care registration regulations; and
14. Understanding sponsoring organization operations, policies and procedures.
(c) The pre-service training session(s) for providers, applicants and alternate providers shall include group or individual instruction provided by persons with expertise in areas listed in (b) above, and may be supplemented by:
(d) The sponsoring organization shall also provide in-service training for providers on a semi-annual basis by means of group or individual instruction and written material. In-service training shall include continued reinforcement of the subjects listed in (b) above. A total of at least eight hours of in-service training shall be offered to providers each year.
(e) The sponsoring organization shall arrange each pre-service and in-service training session in an appropriate location that is accessible to the providers.
(f) The sponsoring organization shall maintain on file documentation of all pre-service and in-service training, including for each training session:
(g) The sponsoring organization shall provide to each provider:
1. Prior to the issuance of a Certificate of Registration, a copy of appropriate informational materials supplied by the Bureau; and
2. From time to time, any other available materials that may assist the provider in operating a family child care home.
(h) The sponsoring organization shall inform providers about available sources of training in first aid and cardiopulmonary resuscitation.
If the sponsoring organization determines that the provider applicant is in full compliance with all applicable requirements of the Manual of Requirements, the sponsoring organization shall issue a regular Certificate of Registration.
(a) If the sponsoring organization determines that the provider applicant is in substantial compliance with the applicable requirements of the Manual of Requirements, and provided that there are no serious of imminent hazards to the health, safety and well-being of the children, the sponsoring organization shall issue a temporary Certificate of Registration.
(b) When a temporary Certificate of Registration is issued, the sponsoring organization shall explain in writing what the provider must do to secure a regular Certificate of Registration.
(c) In determining the expiration date of the first regular Certificate of Registration, the sponsoring organization shall compute the three-year registration period from the date of the issuance of:
1. The first temporary Certificate of registration, if any; or
2. The regular Certificate of Registration, if no temporary Certificate of Registration has been issued.
(a) The sponsoring organization shall collect a registration fee of $25.00 from the provider upon the issuance of an initial temporary, or initial or renewal regular Certificate of Registration.
(b) The sponsoring organization shall retain the funds generated by registration fees and shall maintain a record of the registration fees collected from the providers, in accordance with Department contract requirements.
(c) The sponsoring organization shall ensure and document that the registration fees collected are directed to the maintenance or improvement of the sponsoring organization's family child care registration program.
(a) When the sponsoring organization receives a complaint of alleged violation(s) of the Manual of Requirements by a provider, other than child abuse/neglect, the sponsoring organization shall investigate the complaint and shall require the provider to abate any violations found. The sponsoring organization shall advise complainants that complaints may be made anonymously. The sponsoring organization's investigation shall include a visit to the home whenever such a visit is necessary to substantiate the complaint.
(b) If, during the course of investigating an allegation of child abuse/neglect, the Division determines that in order to protect the children it is necessary for the Division to remove children from a provider's home, the sponsoring organization shall suspend the Certificate of Registration, if the Division recommends such action.
(c) When the sponsoring organization proposes to deny an application or to suspend, revoke or refuse to renew a Certificate of Registration, the sponsoring organization shall follow the procedures specified in N.J.A.C. 10:126-5.8.
(d) The sponsoring organization shall maintain on file documentation of complaints against providers and of denials, suspensions, revocations, and nonrenewals of Certificates of Registration.
(a) The sponsoring organization shall monitor each provider at least once every two years to evaluate the provider's compliance with the applicable requirements of the Manual of Requirements.
(b) The sponsoring organization shall annually monitor no less than 20 percent of the providers on a random basis.
(c) The sponsoring organization shall monitor each provider prior to renewing the provider's Certificate of Registration.
(d) The sponsoring organization shall maintain on file a written report of each monitoring visit to the provider's home.
(a) The sponsoring organization shall provide technical assistance to providers and parents of enrolled children, which shall address, but not be limited to, the following areas:
1. Improving the provider's care of and service to children in the home;
2. Improving and strengthening communications between providers and parents;
3. Educating parents and providers in child care and child development; and
4. Answering providers' and parents' questions regarding family child care.
(b) The sponsoring organization shall maintain a listing of support services available in the community and shall refer providers and parents of enrolled children upon request.
(c) The sponsoring organization shall make the following information available to providers:
1. A list of physical symptoms or conditions that indicate a child may have a communicable disease;
2. Guidelines for administration of medication, if applicable;
3. Guidelines for the care of sick children, if applicable; and
4. A list of services to which a provider is entitled, including:
i. Participating in at least two provider in-service training sessions per year offered by the sponsoring organization; and
ii. Receiving technical assistance from the sponsoring organization.
(a) The sponsoring organization shall supply to providers sufficient copies of a written Information to Parents Statement designated by the Bureau of Licensing for the parents of all enrolled children. The Information to Parents Statement shall indicate that:
1. The provider has received a Certificate of Registration;
2. The provider is required to display the Certificate of Registration in a prominent location within the family child care home during its operating hours;
3. The provider is required to comply with all applicable requirements of the Manual of Requirements;
4. Parents may receive a copy of the Manual of Requirements by contacting the sponsoring organization;
5. Parents may report alleged violations of the Manual of Requirements to the sponsoring organization or to the Bureau;
6. Any person who has reasonable cause to believe that a child enrolled in the family child care home has been or is being subjected to any kind of child abuse/neglect by any person, whether in the family child care home or not, is required by State law to report such allegations to the Division's Office of Child Abuse Control (toll-free hotline at 1-800-792-8610). Such reports may be made anonymously;
7. Parents of enrolled children shall be permitted to visit the family child care home at any time when enrolled children are present without having to secure the prior approval of the provider. Parents may be restricted to visit only those areas of the home designated for family child care;
8. The operation of the family child care home is subject to monitoring by the sponsoring organization at least once every two years and by the Division;
9. The provider is required to comply with the inspection/investigation functions of the sponsoring organization and the Department, including the interviewing of adults and children in the family child care home; and
10. Parents may request that the sponsoring organization provide technical assistance to the parent or the provider, and referrals to appropriate community resources.
(b) When an enrolled child has been identified as or is suspected of having a developmental delay or disability, the sponsoring organization shall:
1. Inform the parent of the child's right to early intervention and special education services, if eligible;
2. Refer the parent to the New Jersey Department of Education Project Child Find at 1-(800)-322-8174 (toll-free) for a comprehensive evaluation and development of an individual service plan for the child, as appropriate; and
3. Refer the parent to the New Jersey Department of Health and Senior Services Special Child Health Services Program at (609) 292-5676 for a possible comprehensive medical evaluation for the child.
(a) The sponsoring organization shall provide to the New Jersey Child Care Resource and Referral System the names, addresses, and telephone numbers of all providers who have agreed to receive referrals through that system.
(b) The sponsoring organization shall refer requests from parents seeking family child care or other child care services to the New Jersey Child Care Resource and Referral System serving the area(s) for which the parent is seeking child care information.
(c) The sponsoring organization may also refer parents seeking family child care services to any registered provider.
The sponsoring organization shall provide information on family child care registration to agencies, organizations and the general public.
(a) A family child care provider, in order to be eligible for a Certificate of Registration, shall:
1. Be at least 18 years of age;
2. Be of good character and reputation, with sufficient knowledge, intelligence, stability, energy and maturity to maintain a family child care home and to care for children;
3. Be in sufficient physical, mental and emotional health to care properly for children to be placed in the home;
4. Reside in the family child care home; and
5. Demonstrate to the satisfaction of the sponsoring organization and the Bureau, that he or she complies with all applicable requirements of the Manual of Requirements.
(a) An applicant for an initial or renewal Certificate of Registration shall submit to the sponsoring organization a completed application form, which shall include:
1. The provider applicant's name, address and telephone number;
i. The provider applicant, the alternate provider, if any, and the substitute provider are at least 18 years of age; and
ii. The provider assistant, if any, is at least 14 years of age;
3. A list of all adults residing in the provider applicant's household;
4. The number and ages of all children under 18 years of age residing in the provider applicant's household;
5. The hours in which the provider applicant plans to provide child care;
6. The name, address and telephone number of the provider assistant and the alternate provider, if any, and the substitute provider;
7. A statement from the provider applicant indicating that all pets are domesticated, free from disease, non-aggressive, and meet all applicable State and local codes or ordinances pertaining to the keeping of pets;
8. An indication as to whether the provider applicant wishes to be listed with either or both of the following:
9. A disclosure of information about and circumstances surrounding any previous denial, suspension, revocation or nonrenewal of a Certificate of Registration as a family child care provider in New Jersey or of a license, certificate or other approval as a family child care provider in any other state; and
10. A disclosure of the presence or absence of criminal convictions by the provider applicant, the substitute provider, all members of the provider's household who are at least 14 years old, and the alternate provider and the provider assistant, if any.
i. Evidence of conviction of a crime, in itself, shall not automatically preclude an individual from serving as a provider, provider assistant, alternate provider or substitute provider, and shall not automatically result in denying the application or revoking, suspending or refusing to renew the Certificate of Registration. Such determination shall be made on a case by case basis, in keeping with the provisions of the State Rehabilitated Convicted Offenders Act (N.J.S.A. 2A:168A-1 et seq.) which provides that a person convicted of a crime may not be disqualified or discriminated against by a licensing authority unless the conviction relates adversely to the occupation, trade, vocation, profession or business for which a license is sought.
ii. The provider shall notify the sponsoring organization by the end of the sponsoring organization's next business day of any criminal conviction(s) during the three-year registration period by the provider, the substitute provider, a member of the provider's household who is at least 14 years old, and the alternate provider and the provider assistant, if any.
(b) An applicant for an initial or renewal Certificate of Registration shall also submit to the sponsoring organization a health care provider's statement(s) for the applicant, the alternate provider and the provider assistant, if any, verifying the applicant, the alternate provider and the provider assistant are in good health, free from communicable disease and able to care for children. Such statement(s) shall be based on a medical examination conducted within the six months immediately preceding the submission of the application.
(c) An applicant for an initial Certificate of Registration shall also submit to the sponsoring organization written proof of the results of either (c)1 or 2 below for the applicant, the alternate provider and the provider assistant, if any:
1. A Mantoux tuberculin skin test with five TU (tuberculin units) of PPD tuberculin, conducted within the six months immediately preceding the submission of the application; or
2. A chest X-ray if the individual has had a previous positive Mantoux tuberculin test or has a medical contraindication that precludes a Mantoux test.
(d) The provider, the alternate provider and the provider assistant shall obtain additional Mantoux tests when required by the Bureau based on a recommendation by the State Department of Health.
(e) An applicant for an initial Certificate of Registration shall also submit to the sponsoring organization one of the following, for both the applicant and the alternate provider, if any:
1. Two letters of reference, dated within three years immediately preceding the submission of the application, including at least one from a person who can attest to the individual's character, reputation and suitability to work with children; or
2. The names, addresses and telephone numbers of at least two persons who can provide letters of reference upon request.
(f) The provider applicant shall permit and participate in an evaluation of the applicant's home by the sponsoring organization. The evaluation shall include:
1. Inspection of all rooms, furniture and equipment in areas designated for use by enrolled children; and
2. Access to all areas not designated for use by enrolled children, to observe whether any hazards to children exist.
(g) The provider applicant and the alternate provider, if any, shall attend eight hours of pre-service training provided by the sponsoring organization.
(h) Prior to or within six months of the issuance of an initial or renewal Certificate of Registration, the provider applicant and the alternate provider, if any, shall provide documentation of current certified basic knowledge of first aid and cardiopulmonary resuscitation (CPR), as defined by a nationally recognized health organization such as the American Red Cross.
(i) The sponsoring organization shall process all applications for a Certificate of Registration without regard to the applicant's race, national origin, religion, sex, age, or geographic location.
(a) Prior to the issuance or renewal of a Certificate of Registration, the applicant or provider shall obtain written consent from the applicant or provider, substitute provider, provider assistant and alternate provider, if any, and all members of the applicant's or provider's household who are at least 14 years of age, for the Division to conduct a Child Abuse Record Information (CARI) background check to determine whether an incident of child abuse or neglect has been substantiated against any such person.
1. Each person specified in (a) above shall complete a signed consent form provided by the Division that indicates the identifying information necessary to conduct a CARI background check, including the person's name, address, date of birth, sex, race, and Social Security number. Pursuant to the Federal Privacy Act of 1974 (P.L. 93-579), the Division will advise each such person that the disclosure of his or her Social Security number is voluntary, and that the Social Security number will only be used for the purpose of conducting a CARI background check.
2. The applicant or provider shall submit to the sponsoring organization the consent forms specified in (a) above for all persons specified in (a) above.
3. The provider shall inform the sponsoring organization of any additional persons at least 14 years of age who begin living or working in the home during the three-year registration period, and expect to remain in the home longer than 60 consecutive days. The provider shall submit to the sponsoring organization a signed consent form as specified in (a)1 above for each such person.
(b) If any person specified in (a)1 above refuses to consent to a CARI background check, the sponsoring organization shall deny the application or suspend, revoke or refuse to renew the Certificate of Registration, as applicable, in keeping with P.L. 1993, c.350. The applicant or provider may choose to remove or replace the person who refuses to consent to a CARI background check, if other than the applicant or provider, before the denial, suspension, revocation or nonrenewal takes effect. If the applicant or provider removes or replaces such person, the sponsoring organization shall continue the registration process.
(c) The sponsoring organization shall submit the completed consent forms specified in (a)1 above to the Division upon receipt of the forms from the applicant or provider. The Division will conduct a search of its records for child abuse and neglect incidents for which the perpetrator was afforded an opportunity to appeal the substantiation. Within 30 working days of receipt of the completed forms from the sponsoring organization, the Division will inform the sponsoring organization in writing as to whether a substantiated incident of child abuse or neglect by any person specified in (a) above has been found. If such an incident has been found, the Division will inform the sponsoring organization in writing of the name of the perpetrator.
(d) If the CARI background check reveals no substantiated incident of child abuse or neglect involving a person specified in (a) above, the sponsoring organization may issue or renew the Certificate of Registration, provided that all other applicable requirements of N.J.A.C. 10:126, this chapter, have been met.
(e) If the CARI background check reveals that an incident of child abuse or neglect has been substantiated against a person specified in (a) above, the sponsoring organization shall deny the application or suspend, revoke or refuse to renew the Certificate of Registration, as applicable, in accordance with P.L. 1993, c.350.
1. The sponsoring organization shall notify the applicant or provider in writing that the denial, suspension, revocation or nonrenewal is based on the results of a CARI background check.
2. The sponsoring organization shall disclose to the applicant or provider the name of the perpetrator, but shall not disclose any other information concerning the incident.
3. The applicant or provider may choose to remove or replace the perpetrator, if other than the applicant or provider, before the denial, suspension, revocation or nonrenewal takes effect. If the applicant or provider removes or replaces such a perpetrator, the sponsoring organization shall continue the registration process.
4. The sponsoring organization and the applicant or provider shall keep confidential and shall not disclose to any other person the identify of the perpetrator and all other information concerning the incident, in accordance with the confidentiality provisions of the State Child Abuse and Neglect Law, N.J.S.A. 9:6-8.10a.
(f) The sponsoring organization shall inform the applicant or provider in writing that he or she may appeal the denial, suspension, revocation or nonrenewal to the Bureau, as specified in N.J.A.C. 10:126-5.8.
(a) If the sponsoring organization determines that the provider or applicant is in full compliance with all applicable requirements of the Manual of Requirements, the sponsoring organization shall issue a regular Certificate of Registration. The sponsoring organization's determination shall include a visit to the provider's or applicant's home when one or more enrolled children are present.
(b) Each registration period shall be three years, and may include the issuance of a regular Certificate of Registration, or one or more temporary Certificates of Registration and a regular Certificate of Registration.
(c) The Certificate of Registration shall be posted in a prominent location within the family child care home during the hours enrolled children are in the home.
(d) The Certificate of Registration shall be issued to a specific provider at a specific location and shall not be transferable.
(e) If it is necessary to change any information noted on the application, other than a change of residence, after the Certificate of Registration has been issued, the provider shall advise the sponsoring organization in writing no later than 15 calendar days after the change.
(f) If the provider changes residence:
1. The provider shall notify the sponsoring organization in advance, or by no later than the beginning of the sponsoring organization's next working day, as specified in N.J.A.C. 10:126-5.10(b)5;
2. The Certificate of Registration at the previous residence shall be void;
3. The provider shall submit a new application for registration to the sponsoring organization;
4. The provider shall permit and participate in an evaluation of the new residence; and
5. A new Certificate of Registration shall be issued by the sponsoring organization if the new residence meets all applicable requirements of the Manual of Requirements.
(g) The provider shall permit and participate in all monitoring visits by the sponsoring organization and by the Bureau. Monitoring visits shall be conducted at least once every two years.
(h) The provider shall not claim in advertising or in any written or verbal announcement to be registered with the Division or the State of New Jersey unless a Certificate of Registration is currently in effect.
(a) If the sponsoring organization determines that the provider applicant is in substantial compliance with the applicable requirements of the Manual of Requirements, and provided that there are no serious or imminent hazards to the health, safety, and well-being of the children, the sponsoring organization shall issue a temporary Certificate of Registration.
(b) A temporary Certificate of Registration may be issued for a period not to exceed six months. The sponsoring organization may issue as many temporary Certificates of Registration as it deems necessary. However, a provider shall not operate pursuant to temporary Certificates of Registration for more than one year.
(a) At the time the regular Certificate of Registration is issued, the provider shall pay a non-refundable registration fee of $25.00 in the form of a check or money order made payable to the sponsoring organization.
(b) If the provider is issued a temporary Certificate of Registration, the registration fee shall be payable at that time, with no additional registration fee required upon the issuance of a regular Certificate of Registration.
(c) An additional registration fee shall not be required if a change in information on a current Certificate of Registration occurs before the expiration date of the current Certificate of Registration.
(a) The regular Certificate of Registration shall be subject to renewal upon the expiration of the three-year registration period.
(b) The sponsoring organization shall send a renewal application packet to the provider no later than 90 days prior to the expiration of the current Certificate of Registration.
(c) No later than 45 days prior to the expiration of the current Certificate of Registration, the provider shall submit to the sponsoring organization:
1. A completed application form, as specified in N.J.A.C.10:126-5.2(a); and
2. Health care provider's statement(s) for the provider, the alternate provider and the provider assistant, if any, as specified in N.J.A.C. 10:126-5.2(b).
(d) The provider shall permit and participate in a monitoring visit prior to renewal of the Certificate of Registration.
(e) Prior to the renewal of a Certificate of Registration, the provider shall provide documentation of attendance at 12 hours of in-service training, other than first aid or CPR training, provided or approved by the sponsoring organization, during the last three-year registration period.
(f) Prior to or within six months of the renewal of a Certificate of Registration, the provider and the alternate provider, if any, shall provide documentation of current certified basic knowledge of first aid and CPR, as specified in N.J.A.C. 10:126-5.2(h).
(a) The sponsoring organization may deny an application for a Certificate of Registration or suspend, revoke or refuse to renew a Certificate of Registration for good cause, including:
1. Failure to comply with the provisions of the Family Day Care Provider Registration Act and/or the requirements of the Manual of Requirements;
2. Use of fraud or misrepresentation in obtaining a Certificate of Registration or in the subsequent operation of the family child care home;
3. Any conduct and/or activity which adversely affects or presents a serious hazard to the health, safety, and general well-being of an enrolled child, or which otherwise demonstrates unfitness by a provider to operate a family child care home;
4. Refusal to furnish the sponsoring organization or Division with records;
5. Refusal to permit a parent of an enrolled child or an authorized representative of the sponsoring organization or Division to gain admission to the family child care home during normal operating hours;
6. A determination by the Division's Institutional Abuse Investigation Unit or District Office that children in the home are at risk of harm;
7. Refusal by any person specified in N.J.A.C.10:126-5.3(a) to consent to a Child Abuse Record Information background check; or
8. A Child Abuse Record Information background check that reveals an incident of child abuse or neglect that has been substantiated against any person specified in N.J.A.C.10:126-5.3(a).
(b) When a provider or applicant is found to be in violation of any of the provisions of (a) above, the sponsoring organization shall notify the provider or applicant of the violation(s) in writing and shall afford the provider or applicant an opportunity to abate the violation(s). If the provider or applicant fails to abate the violation(s), or commits the same or another violation subsequently, the sponsoring organization may deny the application or suspend, revoke or refuse to renew the Certificate of Registration.
(c) When the sponsoring organization proposes to deny an application or to suspend, revoke or refuse to renew a Certificate of Registration, the sponsoring organization shall give written notice to the provider or applicant, specifying the reason for such action, either by hand-delivery or by certified mail with return receipt requested.
1. The notice shall afford the provider or applicant an opportunity for a review before the sponsoring organization's appeals committee, except as specified in (c)2 below.
2. If the action specified in the notice is based on an investigation or substantiation by the Division of alleged child abuse or neglect, or on a criminal conviction, the sponsoring organization's appeals committee shall not review the matter, in keeping with the confidentiality requirements of the State Child Abuse and Neglect Law, N.J.S.A. 9:6-8.10a, and the rules of the Department of Law and Public Safety, as specified in N.J.A.C. 13:59-1.8. In such a case, the notice shall afford the provider or applicant an opportunity to appeal directly to the Bureau, which will follow the procedures specified in (f) below.
3. The notice shall advise the provider or applicant of the provisions specified in (d) to (g) below.
4. If the provider or applicant does not appeal to either the appeals committee or the Bureau, the action specified in the notice shall take effect.
(d) The sponsoring organization's appeals committee shall review within 15 days each appeal presented to it and shall afford the provider or applicant an opportunity to be heard. The appeals committee shall issue a written report of its findings to the provider or applicant within five working days after completing its review.
(e) If the provider or applicant is not satisfied with the sponsoring organization's appeals committee's findings, the provider or applicant may appeal to the Bureau, which will review the matter and, as appropriate, refer the matter through the Division to the Office of Administrative Law for an administrative hearing pursuant to the Administrative Procedure Act (N.J.S.A. 52:14B-1 et seq.) and the Uniform Administrative Procedure Rules (N.J.A.C. 1:1).
(f) If the provider or applicant does not want the matter reviewed by the sponsoring organization's appeals committee, or if the action specified in the notice is based on an investigation or substantiation by the Division of alleged child abuse or neglect, or on a criminal conviction, the provider or applicant may appeal directly to the Bureau, which will review the matter and, as appropriate, refer the matter through the Division to the Office of Administrative Law for an administrative hearing.
(g) If the provider or applicant is not satisfied with the decision of the Division, the provider or applicant may appeal the final decision or action of the Division within 45 days from the date of service of the decision or notice of the action taken, to the Appellate Division of the Superior Court of New Jersey.
(h) As long as the Division determines that children are not at risk and no serious or imminent hazards exist, a provider who has requested an appeal, as specified in (d) through (f) above, shall continue to be registered until a final decision is rendered as a result of the appeal.
(i) If the provider's Certificate of Registration is suspended, revoked or refused for renewal, the sponsoring organization shall ensure that the parent of each enrolled child is notified in writing within 10 days of the action.
(j) An applicant whose application has been denied, or a provider whose Certificate of Registration has been revoked or refused for renewal, shall be prohibited from reapplying for registration for one year from the date of the denial, revocation or refusal to renew. After the one-year period has elapsed, the provider or applicant may submit a new application for registration.
(a) When the Division determines that an imminent danger or hazard exists that threatens the health or safety of a child in a family child care home, the Bureau may direct the sponsoring organization to deny an application or to suspend, revoke, or refuse to renew a Certificate of Registration immediately.
(b) The Bureau may institute a civil action in a court of competent jurisdiction for injunctive relief to enjoin the operation of a family child care home for good cause, including any imminent danger(s) or hazard(s) that threaten the health and safety of the children in the home.
(c) The Division, during the course of investigating an allegation of child abuse or neglect, may determine that corrective action is necessary to protect the children whenever:
1. The provider or another person in the home has been found by the Division to pose a risk of harm to children;
2. An allegation has been received by the Division that the provider or another person in the home has committed an act of child abuse or neglect; or
3. The provider or another person in the home has been convicted of an act of child abuse or neglect.
(d) Whenever the Division determines that such corrective action is necessary to protect the children in the home, the sponsoring organization shall ensure that the provider carries out the Division's recommendation for corrective action. Such corrective action may include:
1. Removal or suspension of the affected person from the home, or reassignment to other duties that do not involve contact with the children; or
2. Removal of the affected person from the home for a period of time extending from one hour prior to the arrival of the children until one hour after the children have left; or
3. Suspension of the provider's Certificate of Registration.
(e) Such removal, suspension or reassignment, as specified in (d) above, shall remain in effect until the results of the Division's investigation have been determined, and a final decision in the matter has been rendered by the Bureau.
(f) If the allegation of child abuse or neglect is substantiated by the Division, the sponsoring organization shall deny the application for registration or suspend, revoke or refuse to renew the Certificate of Registration, as applicable, as specified in N.J.A.C. 10:126-5.3(e) and (f).
(a) The provider shall verbally notify the Division of Youth and Family Services, Office of Child Abuse Control (toll-free 1-(800)-792-8610) or District Office immediately whenever there is reasonable cause to believe that a child has been or is being subjected to any kind of child abuse/neglect by any person, pursuant to the State Child Abuse and Neglect Law (N.J.S.A. 9:6-8.9, 8.10, 8.13 and 8.14).
(b) The provider shall report the following incidents to the sponsoring organization as soon as possible, but by no later than the beginning of the sponsoring organization's next working day:
1. Any injury that results in the admittance of a child to a hospital while in the provider's care;
2. The death of a child while in the provider's care;
3. Any damage to the provider's home that affects the provider's compliance with the requirements of the Manual of Requirements;
4. Any criminal conviction(s) of the provider, the substitute provider, a member of the provider's household who is at least 14 years old, and the alternate provider and the provider assistant, if any, as specified in N.J.A.C. 10:126-5.2(a)10;
5. A change of residence by the provider; and
6. The termination of all family child care services by the provider.
(c) A Certificate of Registration issued by the sponsoring organization to a provider is the property of the State of New Jersey. If the provider is no longer participating in the registration program, the provider shall return the Certificate to the sponsoring organization.
(a) The provider's records shall be open for inspection by authorized representatives of the sponsoring organization and of the Division.
(b) The provider shall maintain on a file a signed statement from each parent, affirming receipt of the Information to Parents statement, as specified in N.J.A.C. 10:126-6.21(a).
(c) The provider shall maintain an individual record for each child in care. This record shall include:
1. The child's full name, address and birth date;
2. Name, address, and telephone number of each parent;
3. Name, address and telephone number of each parent's place of employment;
4. Name, address and telephone number of one or more persons designated by the parent(s) to be called in case of emergency when a parent cannot be reached;
5. Name, address and telephone number of the child's health care provider;
6. The child's allergies to medication or drugs, if applicable;
7. The name of the parent's hospitalization plan and number or medical assistance plan, if applicable;
8. The parent's signed authorization for the child's emergency medical treatment;
9. The child's date of enrollment in and date of withdrawal, when applicable, from the family child care home;
10. Results of the health examination for each child, as specified in N.J.A.C. 10:126-6.8(a);
11. An immunization record for each child, as specified in N.J.A.C. 10:126-6.8(b)3;
12. Authorization for a school age child to leave the provider's premises, if applicable, as specified in N.J.A.C. 10:126-6.17(b);
13. Authorization for the provider to transport an enrolled child, if applicable, as specified in N.J.A.C. 10:126-6.7(b);
14. Authorization for a child to use a pool or other body of water, if applicable, as specified in N.J.A.C.10:126-6.6(d); and
15. A record of any accidents and injuries sustained by a child, as specified in N.J.A.C. 10:126-6.10(d).
(d) The emergency contact information listed in (c)1 through 8 above shall be made available to a health care provider, hospital or emergency care unit as appropriate in the event of a child's illness or injury while in the provider's care.
(e) Whenever the provider leaves the home with the child(ren), the provider shall have the emergency contact information in his or her possession.