N.J. Admin. Code § 3A:53-1.5

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

Section 3A:53-1.5 - Approval requirements

(a) A shelter facility or shelter home shall obtain approval from the Office in accordance with the legal authority specified in N.J.A.C. 3A:53-1.1(b) and (c) prior to establishment or operation.

(b) The Office shall conduct an annual on-site physical facility and a biennial comprehensive programmatic inspection of a shelter facility and a biennial comprehensive programmatic inspection of a shelter home to determine compliance with this chapter.

(c) If a shelter facility or shelter home meets all applicable provisions of this chapter, the Office shall issue a letter of approval.

(d) The Office shall provide notice if a letter of approval shall not be issued.

(e) If the Office determines that a shelter facility or shelter home is in substantial compliance with all applicable provisions of this chapter, providing that no serious or imminent hazard affecting the children exists, the Office may issue a letter of temporary approval.

(f) When a letter of temporary approval is issued, the Office shall provide a written statement explaining what the shelter facility or shelter home must do to achieve full compliance.

(g) A letter of temporary approval may be issued for a period not to exceed six months. The Office may issue as many temporary approvals as it deems necessary; however, a shelter facility or shelter home shall not operate pursuant to temporary approvals for more than 12 months.

(h) Each approval period, which may include the issuance of one or more letters of temporary approval and/or one letter of approval, shall be two years.

1. In determining the expiration date of the first letter of approval, the Office shall compute the two year period from the date of issuance of the first letter of approval or temporary approval.

2. In determining the expiration date of a renewed approval, the Office shall compute the two-year approval period from the date on which the shelter facility's or shelter home's previous letter of approval expired.

(i) The letter of approval or temporary approval shall be kept on file at the shelter facility or at the office of the shelter home coordinator.

(j) An authorized representative of the Office may at any time make an announced or unannounced visit and inspect the shelter facility or shelter home and/or review files, reports, or records to determine its compliance with this chapter and/or to investigate a complaint.

(k) A shelter facility's or shelter home's approval may be denied or revoked for any activity, policy, or conduct that presents a serious or imminent hazard to the health, safety, and/or well-being of a child or that otherwise demonstrates unfitness or inability to operate the shelter facility or shelter home.

(l) A shelter facility's or shelter home's approval may be denied, suspended, revoked, or refused for renewal for:

1. Failure by the facility or shelter home 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:53-3.1(a), Criminal History Record Information background checks, as specified in N.J.A.C. 3A:53-3.8, or Child Abuse Record Information background checks, as specified in N.J.A.C. 3A:53-3.9;

2. Refusal by the facility director, shelter home coordinator, shelter home parent or shelter home household member to consent to or cooperate in a Criminal History Record Information background check or Child Abuse Record Information background check for himself or herself;

3. Refusal by the facility director, shelter home coordinator or shelter home parent 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;

4. Refusal by the facility director, shelter home coordinator or shelter home parent to terminate the employment of a staff member when an allegation of child abuse or neglect has been substantiated against the staff member;

5. Refusal by the facility director, shelter home coordinator or shelter home parent to terminate the employment of a staff member convicted of a crime or offense requiring disqualification, as specified in N.J.A.C. 3A:53-3.8(e);

6. A substantiated allegation of child abuse or neglect against the facility director, shelter home coordinator, shelter home parent or shelter home household member; or

7. Conviction by the facility director, shelter home coordinator, shelter home parent or shelter home household member for a crime or offense requiring disqualification, as specified in N.J.A.C. 3A:53-3.8(e).

N.J. Admin. Code § 3A:53-1.5

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 (g) and (h), old (g)-(i) renumbered (h)-(k).
Amended by R.2005 d.374, effective 11/7/2005.
See: 37 N.J.R. 1942(a), 37 N.J.R. 4263(a).
Added (l).
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.