N.J. Admin. Code § 3A:56-1.1

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

Section 3A:56-1.1 - Legal authority

(a) This manual is promulgated pursuant to N.J.S.A. 30:1-14 and 15, 30:4C-4, and 30:11B-4, as applied by N.J.S.A. 9:3A-9.

(b) Under N.J.S.A. 30:1-14, 30:4C-4, and 30:11B-4, the Department of Children and Families is authorized to inspect, evaluate, and approve publicly or privately operated homes that provide board, lodging, care, and treatment services for children who are placed and/or financed by the Division of Child Protection and Permanency, Division of Children's System of Care, or any other New Jersey State agency.

(c) Under N.J.S.A. 30:1-14 and 30:11B-4, the following homes shall be subject to inspection, evaluation, and approval by the Department of Children and Families:

1. New Jersey-based children's group homes, as defined in this chapter, except homes that are licensed, approved, or regulated pursuant to State law by the State Department of Health, by the State Department of Education, by the State Department of Corrections, by the State Department of Human Services, or by any other New Jersey State agency; and

2. Out-of-State children's group homes, as defined in this chapter, that serve children under the supervision of the Division of Child Protection and Permanency or the Division of Children's System of Care. As a condition of approval by the Department, such group homes shall be licensed, certified, or otherwise approved to operate in the state where the home is located.

(d) In order to be approved, a children's group home shall demonstrate to the satisfaction of the Department of Children and Families or its duly authorized agent that it complies with all applicable provisions of this manual.

(e) Responsibility for ensuring that these homes comply with the provisions of the statutes cited in (a) above and of this manual is assigned by the Department of Children and Families to the Office of Licensing. The Office is authorized to visit and inspect such homes, as described in N.J.A.C. 3A:56-1.2(a) and (b), to determine the extent of their compliance with such provisions.

(f) Under N.J.S.A. 30:1-15, the Department of Children and Families is also authorized to visit and inspect publicly or privately maintained institutions or other institutions and non-institutional agencies that:

1. Provide board, lodging or care for children who are not placed or financed by the Department of Children and Families or any other New Jersey State agency; and

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

(g) The Office of Licensing is authorized to visit and inspect such homes as described in (f) above to assess the general health, safety, and well-being of the children and the care and treatment they are receiving, but cannot require their compliance with this manual and must secure an order from a court of competent jurisdiction, pursuant to N.J.S.A. 30:1-16, to compel correction of serious deficiencies.

N.J. Admin. Code § 3A:56-1.1

Amended by R.2006 d.433, effective 12/18/2006.
See: 38 N.J.R. 2610(a), 38 N.J.R. 5362(b).
Substituted "Children and Families" for "Human Services" throughout; in (b), deleted "N.J.S.A." preceding "30:4C-4"; in the introductory paragraph of (c), deleted ", Division of Youth and Family Services"; in (c)1, deleted "Division of Developmental Disabilities or the Division of Mental Health and Hospitals, both of the Department of Human Services, by the" and inserted "and Senior Services" and "by the State Department of Human Services"; in (e), substituted "assigned" for "delegated" and "Office" for "Division of Youth and Family Services, Bureau" and "Division"; and in (g), substituted "Office of Licensing" for "Division of Youth and Family Services".
Amended by R.2010 d.109, effective 6/21/2010.
See: 41 N.J.R. 4170(a), 42 N.J.R. 1200(b).
In (a), (b), and the introductory paragraph of (c), inserted "and 30:11B-4"; in (a), deleted "and N.J.S.A." preceding "30:4C-4"; in (b), substituted a comma for "and" preceding "30:4C-4" and deleted a comma following "evaluate"; in the introductory paragraph of (c), deleted a comma following "evaluation"; in the introductory paragraph of (f), substituted "non-institutional" for "noninstitutional"; and in (f)1, substituted "Department of Children and Families" for "Division of Youth and Family Services".
Amended by R.2014 d.103, effective 6/16/2014.
See: 46 N.J.R. 7(a), 46 N.J.R. 1473(b).
In (a) and (b), inserted a comma following "30:4C-4"; in (a), inserted ", as applied by N.J.S.A. 9:3A-9"; in (b), substituted "Child Protection and Permanency, Division of Children's System of Care," for "Youth and Family Services"; in the introductory paragraph of (c), inserted a comma following "evaluation"; in (c)1 and (c)2, substituted "chapter" for "manual"; in (c)1, inserted a comma following "approved" and following "Human Services", and deleted "and Senior Services" following "Health"; and in (c)2, substituted "Child Protection and Permanency or the Division of Children's System of Care" for "Youth and Family Services".