N.J. Admin. Code § 10:44A-2.1

Current through Register Vol. 56, No. 19, October 7, 2024

Section 10:44A-2.1 - General requirements

(a) The purposes of the licensee's organization and a description of the services that it provides shall be made available to individuals, parents, guardians, advocates, and the general public. This information shall describe, in general terms, who is served, the services provided, and the goals of the licensee's organization.

(b) The licensee shall keep the following on file:

1. A record of all admissions and discharges, including names and dates, for the previous 24 month period;

2. A current copy of this chapter.

i. A current copy of this chapter shall also be kept on file in each residence;

3. Copies of all current licenses.

i. A copy of the current license shall also be kept on file in each residence;

4. Written descriptions of any religious practices or restrictions that are observed if a licensee has a particular religious orientation;

5. Reports of unusual incidents;

6. A copy of the policy and procedure manual; and

7. Personnel files.

(c) A licensee having nonprofit status in accordance with 26 U.S.C. § 501(c)(3) shall have a Board of Trustees which meets the following criteria:

1. A minimum of five persons shall comprise the board;

2. Provisions shall exist for the orientation of new board members; and

3. Meetings shall be held with a frequency sufficient to discharge their responsibilities effectively; in no event shall the full governing body meet less than three times a year.

(d) A licensee having for-profit status shall have a board of directors that meets the following criteria:

1. Procedures for the orientation of new members to the operations of the organization;

2. Policies to guard against the development of a conflict of interest between a member of the board and the organization, which shall include nepotism by relatives and family members;

3. An explanation of the board's committee structure, if any, including such subordinate groups as may be employed to carry out the board's responsibilities;

4. Documentation that board meetings are held at least three times a year.

i. Minutes shall be kept of each meeting and shall be available for review; and

5. Provisions to assure the inclusion of individuals served on the board.

(e) A licensee having for-profit status without a board of directors shall institute and maintain such a board in accordance with (d)1 through 5 above by February 6, 2024.

(f) Members of a board of directors shall be informed as to whether liability insurance is provided to directors and officers for errors and omissions.

(g) An independent examination of the organization's financial status shall be obtained from a certified public accountant each year, reviewed, and approved by the governing board, and be available for review.

(h) A list of the current members of the board of trustees or board of directors, to include names, addresses, and occupations, shall be available for review. Any change to the members of the board of trustees, board of directors, or agency head shall be immediately reported to the Office of Licensing.

N.J. Admin. Code § 10:44A-2.1

Amended by 55 N.J.R. 171(a), effective 2/6/2023