N.J. Admin. Code § 3A:55-5.2

Current through Register Vol. 57, No. 1, January 6, 2025

Section 3A:55-5.2 - Staff qualifications

(a) Residential child care facilities shall have a full-time administrator or director, social service staff, teaching staff members (if the facility provides an on-grounds educational program), medical and nursing staff, child care staff, a staff member(s) designated to plan and implement the facility's recreational program, a staff member(s) designated to direct and be responsible for food services, and staff who shall be responsible for daily housekeeping and maintenance.

(b) The full-time administrator or director of the facility shall:

1. Be at least 21 years of age;

2. Have one of the following qualifications:

i. A bachelor's degree in social work, psychology or related field from an accredited college or university and four years of professional experience in the human services field, two of which shall have been in a supervisory or administrative position;

ii. A master's degree from an accredited graduate school in social work, psychology, or a related field and three years of professional experience in the human services field;

iii. For publicly-operated facilities, meet the requirements of the Civil Service Commission for the position, if applicable;

iv. Meet the requirements for a licensed clinical social worker or a licensed social worker as specified in 13:44G-4.1 and 4.2 and have three years of professional experience in the human services field; or

v. Meet the requirements for a certified social worker as specified in 13:44G-4.3, have a bachelor's degree in social work, psychology or related field from an accredited college or university and have three years of professional experience in the human services field, one of which shall have been in a supervisory or administrative position;

3. Be responsible for implementing the overall planning, operation, and management of the facility, including the facility's oversight and supervision of full-time, part-time, or consultant physicians, advanced practice nurses, recreational, and food programs;

4. Designate staff members to be in charge at all times during his or her absence;

5. Be on call to assist the staff in admissions, emergencies, and/or other responsibilities;

6. Be responsible for ensuring that all staff members receive an annual performance evaluation;

7. Be responsible for ensuring that all staff members' work schedules and time sheets are maintained;

8. Be responsible for ensuring that a daily log book, separate log book, or the child's case record contains a written notation of all visits to children;

9. Be responsible for ensuring that on-duty staff members complete entries in the daily log book that reflect the activities and events of each day;

10. Be responsible for maintaining aggregate statistical information on children served, including the date of each admission, date of discharge, and reason for each discharge; and

11. If qualified under (b)2i or ii above, not supervise a licensed clinical social worker, licensed social worker or certified social worker.

(c) The social services/clinical director of the facility shall:

1. Be at least 21 years of age;

2. Have one of the following qualifications:

i. A bachelor's degree in social work, psychology or related field from an accredited college or university and three years of professional clinical experience in the human services field, one year of which shall have been in a supervisory or administrative position;

ii. A master's degree from an accredited graduate school in social work, psychology, or a related field and two years of professional experience in the human services field;

iii. For publicly-operated facilities, meet the requirements of the Civil Service Commission for the position, if applicable;

3. Ensure that adequate clinical and direct care staff coverage is enhanced when clinically indicated to accommodate changes in the population;

4. Ensure that any staff member or consultant that utilizes the title or designation of social worker, licensed clinical social worker, licensed social worker, certified social worker or any abbreviations such as LCSW, LSW or CSW, is certified or licensed as specified in 13:44G-4.1 and 4.2;

i. All facilities located in a state other than New Jersey shall ensure that social work staff and social work supervisors are certified or licensed pursuant to that state's laws or requirements, if applicable;

5. Be responsible for the overall treatment planning for children;

6. Provide support and technical assistance to the social services staff;

7. Provide clinical supervision to staff and ensure that social services staff receive job performance evaluations; and

8. If qualified under (c)2i or ii above, not supervise a licensed clinical social worker, licensed social worker or certified social worker.

(d) Each social worker or staff member who provides social services shall:

1. Be at least 21 years of age;

2. Provide services for children as outlined in the treatment plan; and

3. Have one of the following qualifications:

i. A bachelor's degree in social work, psychology, or related field from an accredited college or university and one year of professional experience in the human services field, except that any person who does not meet the qualifications in (c)2iv and v above and provides services as specified in (d)2 above shall:

(1) Only provide social work services in the course of employment with the facility;

(2) Not provide psychotherapeutic counseling to residents;

(3) Not advertise or represent themselves as a licensed clinical social worker, licensed social worker or certified social worker; or

(4) Not use any title or name, the use of which is restricted by section 4 of P.L. 1991, c.134, the Social Worker's Licensing Act; or

ii. A master's degree from an accredited graduate school in social work, psychology, or a related field, except that any person who does not meet the qualifications in (c)2iv and v above and provides services as specified in (d)2 above shall:

(1) Only provide psychotherapeutic counseling under the supervision of a licensed clinical social worker or other State-licensed mental health professional;

(2) Not advertise or represent themselves as a licensed clinical social worker, licensed social worker or certified social worker; or

(3) Not use any title or name, the use of which is restricted by section 4 of P.L. 1991, c.134, the Social Worker's Licensing Act; or

iii. Meet the requirements of the Civil Service Commission for the position, if applicable.

4. Have a minimum of two years of experience working with children who have a history of sexual offenses, physically assaultive behavior, fire setting, or complex behavioral or mental health needs, if providing one or more of the following services to children:

i. Providing individual therapy;

ii. Implementing group therapy sessions specific to the problems and treatment needs of the children; or

iii. Implementing treatment modalities and plans specific to the problems and treatment needs of the children.

(e) The child care director of the facility shall:

1. Be at least 21 years of age;

2. Have one of the following qualifications:

i. A bachelor's degree in the human services field from an accredited college or university and three years of professional experience in the human services field, two years of which shall have been in a supervisory or administrative position in a residential child care facility, group home or children's shelter;

ii. A master's degree from an accredited graduate school in the human services field and one year of professional experience in the human services field in a residential child care facility, group home or children's shelter; or

iii. For publicly-operated facilities, meet the requirements of the Civil Service Commission for the position, if applicable;

3. Have a minimum of three years of experience working with children who have a history of sexual offenses, physically assaultive behavior, fire setting, complex behavioral or mental health needs, if providing services to children, including one or more of the following:

i. Ensuring that the minimum staff-to-child ratios are maintained;

ii. Coordinating the group therapy sessions for children who have a history of sexual offenses, physically assaultive behavior, complex behavioral or mental health needs, or fire setting with the social services/clinical director; or

iii. Ensuring that child care staff implement the treatment modalities and plans specific to the problems and treatment needs of the children in conjunction with the social services/clinical coordinator.

4. Be responsible for the daily operation of the child care program; and

5. Ensure that all child care staff receive job performance evaluations.

(f) Each child care staff member shall:

1. Be at least 18 years of age;

2. Provide daily care and supervision of the children;

3. Inform the social service staff members or director of any incidents that may impact on the child's treatment planning, as specified in N.J.A.C. 3A:55-6.1 and 6.2;

4. Have one of the following qualifications:

i. A high school or high school equivalency diploma and one year of experience working with children in a group setting;

ii. An associate's or bachelor's degree from an accredited college or university in a field that is unrelated to social work or psychology and six months experience working with children in a group setting;

iii. An associate's or bachelor's degree from an accredited college or university in social work, psychology or a related field; or

iv. Meet the requirements of the Civil Service Commission for the position, if applicable; and

5. Have a minimum of one year of experience working with children who have a history of sexual offenses, physically assaultive behavior, complex behavioral or mental health needs, or fire setting, if providing services to children, including one or more of the following:

i. Providing supervision of children;

ii. Assisting the social services/clinical director or social worker with group therapy sessions specific to the problems and treatment needs of the children; or

iii. Implementing treatment modalities and plans specific to the problems and treatment needs of the children under the supervision of the social service/clinical director or social service staff.

(g) For those persons who do not meet the one-year experience requirement for a child care staff member, specified in (f)5 above, the facility shall provide a pre-service training curriculum prior to their employment at the facility. The pre-service training shall include topics related to the treatment and supervision of children with complex behavioral or mental health needs.

(h) Facilities may hire persons who do not meet the qualifications specified in (e) above, but who offer a background or life experience that demonstrate characteristics, skills, and attributes that would enable them to work with children in a positive manner. The facility shall develop and maintain on file a policy that delineates the criteria for hiring staff members who do not meet the qualifications specified in (e) above. The criteria shall include, but not be limited to, the following:

1. The person shall have life experiences that deal with raising a child, providing resource care, participating in volunteer activities with a child, or adopting a child;

2. The person shall exhibit characteristics, skills, and attributes that would enable him or her to work effectively and sensitively with emotionally disturbed or handicapped children in a group setting; and

3. The person, after he or she is hired, shall work together with an experienced staff member for an initial probationary period of at least six months unless terminated for cause prior to completing the six-month probationary period. After this initial six month period has ended, the facility shall review the person's work performance, document his or her ability to continue work without being supervised by an experienced staff member and may either:

i. Appoint the probationary staff member to fill the position as a child care staff member;

ii. Extend the initial six-month period to further evaluate the performance of the probationary staff member and continue to have the probationary staff member supervised by an experienced staff member; or

iii. Terminate the probationary staff member after the initial six-month period or any extension of the initial six-month period for failing to perform the job duties and responsibilities of the position.

(i) Each staff member designated to plan and implement the facility's recreational program shall:

1. Be at least 21 years of age;

2. Meet the qualification(s) for child care staff as specified in (f) above; and

3. Have at least three years experience in planning or implementing recreational activities for children in residential child care centers, group homes, children's shelters, children's camps or Boy Scouts/Girl Scouts.

(j) Education staff of the facility including administrative, supervisory, and teaching staff shall comply with the staff qualifications, certifications, licenses, and experience requirements of the New Jersey Department of Education or the equivalent agency in the state where the facility is located.

(k) Each physician, physician assistant, advanced practice nurse, nurse, dentist, psychologist, speech therapist, physical therapist, and occupational therapist employed by the facility or providing services on a contracted basis to the facility shall:

1. Be licensed/credentialed to practice in the state where the staff member or community provider is located, if required by the laws of that state; and

2. Be responsible for ensuring that the needs of the children for medical, dental, psychological, psychiatric or other services are met.

(l) Each staff member designated to direct and be responsible for providing food services shall:

1. Be registered or eligible for registration by the Commission on Dietetic Registration of the American Dietetic Association or meet the applicable requirements established by the state where the facility is located;

2. Meet the requirements of the Child Nutrition Program;

3. Have a bachelor's degree from a college or university with a major in foods, nutrition, food service or institution management, or the equivalent course work for a major in the subject area; and have completed a dietetic internship accredited by the American Dietetic Association or a dietetic traineeship approved by the American Dietetic Association or have one year of full-time, or full-time equivalent, experience in nutrition and/or food service management in a health care setting;

4. Have a master's degree plus six months of full-time, or full-time equivalent, experience in nutrition and/or food service management in a health care setting; or

5. Develop a plan approved by a dietician or dietary consultant who meets the qualifications specified in (l)1 through 4 above.

N.J. Admin. Code § 3A:55-5.2

Administrative Change, 49 N.J.R. 98a.

Amended by 50 N.J.R. 285(a), effective 1/16/2018