N.J. Admin. Code § 3A:51-1.3

Current through Register Vol. 56, No. 12, June 17, 2024
Section 3A:51-1.3 - Definitions
(a) The definitions in N.J.A.C. 10:122B are hereby incorporated into this chapter by reference.
(b) The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Case plan" means a written statement of the Division's intervention on behalf of a child, which includes identification of the problems that necessitate Division involvement with the family, the services or actions needed, who will accomplish or provide them, and the planned time frame for providing each service.

"Caseworker" means a representative of the Division having supervision of a child in placement.

"Chapter" means the rules contained in the Manual of Requirements for Resource Family Parents, N.J.A.C. 3A:51. These provisions constitute minimum baseline requirements below which no home that is subject to the authority of 30:4C-27.3 et seq. and 30:4C-4 is legally permitted to operate.

"Child in placement" means a child under the auspices of the Department who is placed in a resource family home because he or she cannot live with his or her own family due to neglect, abuse or other circumstances, or who is placed for the purpose of adoption, and who is either under 18 years of age or who meets the criteria set forth in 9:17B-2(f).

"Civil union" means the legally recognized union of two eligible individuals of the same sex, established pursuant to P.L. 2006 c. 103, 37:1-28 et seq. Parties to a civil union shall receive the same benefits and protections and be subject to the same responsibilities as spouses in a marriage.

"Contract agency" means a private agency under contract with the Department to provide services that support children under the auspices of the Department who are in need of placement in a resource family home.

"Corporal punishment" means any type of physical punishment.

"Denial of a license" means the withholding by the Office of Licensing of an initial license for which the resource family parent applicant has applied.

"Department" means the New Jersey Department of Children and Families.

"Division" means the Division of Child Protection and Permanency, New Jersey Department of Children and Families, except for the Office of Licensing.

"Domestic partnership" means a partnership established pursuant to N.J.S.A. 26:8A-4b and 4.1.

"Household member" means a person residing in the resource family home other than a resource family parent, resource family parent applicant or child in placement. Household members shall also include boarders and frequent overnight guests 18 years of age or older in the resource family home.

"Kinship care" means care provided by a resource family parent or applicant who is:

1. Related to a child in placement through blood, marriage, civil union, domestic partnership, or adoption, and is not the child's parent; or
2. Connected to a child in placement or to the child's parent by an established positive psychological or emotional relationship.

"Level I requirement" means a licensing requirement, as set forth in this chapter, with which a resource family parent or resource family parent applicant must be in full compliance to receive or maintain a license. Level I requirements impact the safety, health and rights of children in placement.

"Level II requirement" means a licensing requirement, as set forth in this chapter, other than a level I requirement, with which a resource family parent or resource family parent applicant must be in substantial compliance to receive or maintain a license. All requirements other than level I requirements are level II requirements.

"License" means a document issued by the Office of Licensing to a person at an approved location who complies with the applicable provisions of this chapter.

"Office of Licensing" or "Office" means the Office of Licensing in the New Jersey Department of Children and Families.

"Parent" means a birth parent, stepparent, adoptive parent, legal guardian, or any other person having legal custody of a child.

"Psychotropic medication" means those substances which exert a direct effect upon the central nervous system and which are utilized as a part of a treatment plan to influence and modify behavior in a positive manner.

"Reasonable and prudent parent standard" means as defined in 42 U.S.C. § 675(a)(10)(A).

"Refusal to renew a license" means a determination by the Office of Licensing not to issue a license to a resource family parent after his or her existing license has expired.

"Resource family" means all persons living with a resource family parent or applicant.

"Resource family home" or "home" means a private residence, located in New Jersey, other than a children's group home, treatment home, teaching family home, alternative care home or shelter home, in which board, lodging, care and temporary out-of-home placement services are provided by a resource family parent on a 24-hour basis to a child under the auspices of the Division, including a child placed by the Division for the purpose of adoption until the adoption is finalized.

"Resource family parent" means a person who is licensed by the Office of Licensing to provide resource family care, including a person who is licensed to have a child or children placed with him or her for the purpose of adoption.

"Resource family parent applicant" or "applicant" means a person who has applied for a resource family parent license.

"Restrictive behavior management" means the use of physical or mechanical restraint, or exclusion of a child from normal interactions with others, to control or modify the child's behavior. Restrictive behavior management shall not include briefly intervening without undue force in order to calm a child, or holding a child's hand to safely escort the child from one area to another, nor shall it include any situation where a physician has prescribed the use of protective medical equipment that confines the child's movement.

"Revocation of a license" means a permanent removal of a resource family parent's license to operate a resource family home.

"Substantial compliance" means compliance by a resource family parent or applicant who does not meet all applicable requirements of the law and of this chapter, when there is no serious or imminent hazard to the health, safety, well-being, or rights of the children served, and the resource family parent or applicant is in full compliance with level I requirements.

"Suspension of a license" means a temporary removal of a resource family parent's license to operate a resource family home.

"Temporary caregiver" means a person who provides supervision to a child in placement on behalf of the resource family parent for more than three consecutive days.

"Worker" means a representative of the Division having supervision of a child in placement.

N.J. Admin. Code § 3A:51-1.3

Administrative Change, 49 N.J.R. 98a.
Amended by 49 N.J.R. 2792(a), effective 8/21/2017
Amended by 51 N.J.R. 1263(b), effective 8/5/2019