N.J. Admin. Code § 3A:50-2.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 3A:50-2.3 - Denying, suspending, revoking, or refusing to renew a certificate of approval

(a) The Office of Licensing may deny, suspend, revoke, or refuse to renew an adoption agency's certificate for good cause, including, but not limited to, the following:

1. Failure to comply with requirements of this chapter;

2. Violation(s) of the terms and conditions of a certificate;

3. Fraud or misrepresentation in obtaining a certificate or in the subsequent operation of the agency;

4. Refusal to furnish the Department with files, reports, records or other information as required by this chapter, or to cooperate with an inspection or investigation by the Department;

5. Refusal to permit an authorized representative of the Department to gain access to the agency during normal operating hours. An authorized representative includes:

i. A representative of the Office of Licensing;

ii. A representative of the Department for purposes of investigating allegations of child abuse or neglect;

iii. The Commissioner or his or her designee; and

iv. Any person specifically authorized by statute;

6. Failure of an out-of-State agency to maintain a required license, approval, or certificate in its own state or country;

7. Failure by the agency or executive 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:50-4.5, or Child Abuse Record Information background checks, as specified in N.J.A.C. 3A:50-4.6;

8. Refusal by the executive director to consent to or cooperate in a Criminal History Record Information background check or Child Abuse Record Information background check for himself or herself;

9. Refusal by the executive 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;

10. Refusal by the executive director to terminate the employment of a staff member when an allegation of child abuse or neglect has been substantiated against the staff member;

11. Refusal by the executive 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:50-4.5;

12. A substantiated allegation of child abuse or neglect against the executive director; and

13. The executive director's conviction of a crime or offense requiring disqualification, as specified in N.J.A.C. 3A:50-4.5.

(b) If an agency's certificate is suspended, the Office of Licensing shall issue or reinstate the agency's certificate once the agency achieves compliance with the requirements of this chapter. In such a case, the Office shall not require the 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.

(c) The Office of Licensing shall provide written notice to the agency before denying, suspending, revoking or refusing to renew the agency's certificate. The notice shall specify the Office's reasons for such action.

(d) If the Office of Licensing denies, revokes, or refuses to renew an agency's certificate of approval, and the reason(s) for the denial, revocation, or refusal have been resolved, the agency must reapply to the Office for a certificate in order to secure a new certificate prior to resuming operations.

(e) The Office of Licensing may impose conditions upon an agency's adoption services, and shall provide notice if an agency's certification will contain such conditions.

(f) Each certificate issued by the Office of Licensing to an adoption agency remains the property of the State of New Jersey. If an agency's certificate is suspended or revoked, or upon the permanent closing of the agency, the agency shall return the certificate to the Office immediately.

N.J. Admin. Code § 3A:50-2.3

Amended by R.1992 d.514, effective 12/21/1992.
See: 24 N.J.R. 3500(a), 24 N.J.R. 4552(a).
Conditions added at (a)6 and 8.
Amended by R.2011 d.245, effective 10/3/2011.
See: 42 N.J.R. 1965(a), 43 N.J.R. 2600(a).
Rewrote the section.
Amended by R.2016 d.052, effective 6/6/2016.
See: 47 N.J.R. 3078(a), 48 N.J.R. 103(a), 48 N.J.R. 965(a).
Section was "Denying, suspending, revoking or refusing to renew a certificate of approval". Rewrote (a); in (b), deleted "the State Adoption Law and of" preceding "this"; and in (d), inserted a comma following "revokes" and following "revocation", and substituted "must" for "may".