N.J. Admin. Code § 3A:50-3.1
Current through Register Vol. 56, No. 11, June 3, 2024
Section 3A:50-3.1 - Governing board requirements for private agencies(a) Each private agency shall have a governing board composed of at least five voting board members that is representative of a variety of interests and points of view in the communities where the agency provides services, which shall have the authority to: 1. Set overall policy for the agency; and2. Ensure the financial viability of the agency.(b) The governing board shall establish policies pertaining, but not limited, to:1. Program and services to clients;2. Personnel recruitment, selection, training and performance evaluation; and3. Annual reviews of fiscal operations, including bank account records, expenditures, budget and resource development, and fund raising.i. The governing board shall ensure that there are sufficient funds available to cover the costs of the transfer of records to other agencies when the agency ceases operation.ii. The governing board shall ensure that there are sufficient funds available to cover the costs for storage of records pending the actual transfer of records to other agencies when the agency ceases operation.(c) The governing board shall delegate responsibility for day-to-day operations to an executive director or administrator and shall clearly delineate in writing the respective duties of the governing board and of the executive director or administrator.(d) The governing board shall have written provisions guiding its composition, including provisions for representation of a variety of community interests, fiscal expertise, and for time-limited terms of office for board members.(e) The governing board shall meet at least every six months and make records of attendance and minutes of each meeting available for inspection by the Office of Licensing.(f) The governing board shall have a written policy covering conflict of interest, which shall include the following provisions:1. Board members shall serve without compensation or other material benefit, except that board members may be reimbursed for actual expenses, as determined by the board.2. The agency shall not use any business that is owned or operated by a board member or in which a board member has a financial interest and shall not use the services of a board member unless the board can document that the goods or services were obtained at a competitive price.3. Board members seeking adoption services from the agency shall either take a leave of absence from the board or serve as a non-voting member during the period(s) when such services are received. This requirement shall also apply when a person from a Board member's immediate family seeks agency adoption services.4. The agency shall not require clients to use the consultant services of a board member or of a board member's family.5. A board member shall not use a board position for personal benefit or for the benefit of relatives, family or friends who are seeking adoption services from the board member's agency.6. Agency personnel and members of their families shall not serve as officers of the board or voting members of the board.(g) The board shall oversee the transfer of clients and services and preserve records, as specified in N.J.A.C. 3A:50-3.5(g), whenever an agency terminates its adoption program.(h) Each member of the governing board shall: 1. Be of good character, as evidenced by the agency's application for certification in accordance with N.J.A.C. 3A:50-2.1(c), and administrative records, as specified at N.J.A.C. 3A:50-3.6(g); and2. Not engage in or permit any conduct inappropriate to the purposes of the agency.(i) Upon receipt of an allegation that a member of the governing board may be in violation of any provision in (h) above, the Office of Licensing shall conduct a complaint investigation and provide written notification of the results, as specified in N.J.A.C. 3A:50-2.6.N.J. Admin. Code § 3A:50-3.1
Amended by R.1992 d.514, effective 12/21/1992.
See: 24 N.J.R. 3500(a), 24 N.J.R. 4552(a).
Agency staff and family members prohibited from serving on Agency Board.
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 introductory paragraph of (a); in the introductory paragraph of (b), inserted a comma following "pertaining"; in (b)3, substituted a period for a semicolon at the end; added (b)3i and (b)3ii; in (e), substituted "Office of Licensing" for "Bureau"; in (f)6, inserted "officers of the board or"; in (g), updated the N.J.A.C. reference; and added (h) and (i).
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).
In the introductory paragraph of (b), inserted a comma following "limited"; rewrote (b)3, in (d), inserted ", fiscal expertise"; and in (h)1, substituted "in accordance with" for ", as specified at".