N.J. Admin. Code § 3A:53-1.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 3A:53-1.1 - Legal authority

(a) This chapter is promulgated pursuant to N.J.S.A. 30:1-14 and 15, as applied by N.J.S.A. 9:3A-9, 30:4C-4.h, 2A:4A-37, and 2A:4A-20 et seq.

(b) Under N.J.S.A. 30:1-14, as applied by N.J.S.A. 9:3A-9, and N.J.S.A. 30:4C-4.(d), the Department of Children and Families is authorized to inspect, evaluate, and approve publicly or privately operated shelter facilities and shelter homes that:

1. Provide board, lodging, or care for children who are placed or financed by the Division of Child Protection and Permanency or any other State agency; and

2. Are not subject to licensing or regulation by any State agency.

(c) Under N.J.S.A. 2A:4A-20 et seq., the Department of Children and Families is mandated to inspect, evaluate, and "specify" (approve) shelter facilities and shelter homes that:

1. Are operated either directly or indirectly by a county government agency; and

2. Provide board, lodging, or care primarily for children in juvenile-family crisis as defined by State law, who are awaiting court disposition or post-disposition action.

(d) In order to be eligible to provide care for children, a shelter facility or shelter home described in (b) or (c) above shall demonstrate to the satisfaction of the Department of Children and Families or its duly authorized agent through such methods and procedures as may be prescribed that it complies with the rules of this chapter, which shall constitute minimum standards only.

(e) Responsibility for insuring that shelter facilities and shelter homes described in (b) and (c) above comply with the provisions of the statutes cited in (a) above and of this chapter is hereby delegated by the Department of Children and Families to the Office of Licensing.

(f) Under N.J.S.A. 30:1-15, the Department of Children and Families is authorized to "visit and inspect" publicly or privately operated shelter facilities and shelter homes that:

1. Provide board, lodging, or care for children who are not placed or financed by the Division of Child Protection and Permanency or any other State agency; and

2. Are not subject to licensing or regulation by any State agency.

(g) The Department of Children and Families or its duly authorized agent is authorized to "visit and inspect" shelter facilities and shelter homes as noted in (f) above, to assess the general health, safety, and well-being of the children and the care and treatment they are receiving. Although such shelter facilities and shelter homes cannot be required to comply with the rules in this chapter, the Department may use these rules as the basis for its inspection.

N.J. Admin. Code § 3A:53-1.1

Amended by R.1987 d.504, effective 12/7/1987.
See: 19 N.J.R. 1394(a), 19 N.J.R. 2300(a).
Added new authority.
Amended by R.2016 d.033, effective 4/18/2016.
See: 47 N.J.R. 2613(a), 47 N.J.R. 2695(a), 48 N.J.R. 649(a).
Rewrote the section.