N.J. Admin. Code § 3A:56-2.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 3A:56-2.3 - Denying, suspending, revoking or refusing to renew a certificate of approval

(a) The Office of Licensing may deny, suspend, revoke or refuse to renew a certificate of approval for good cause, including, but not limited to, the following:

1. Failure to comply with the provisions of this manual;

2. Violation of the terms and conditions of a certificate of approval;

3. Fraud or misrepresentation in obtaining a certificate;

4. Refusal to furnish the Department with files, reports or records as required by this manual;

5. Refusal to permit an authorized representative of the Department to gain admission to the home or agency or to conduct an inspection or investigation;

6. Any activity, policy, or staff conduct that adversely affects or is deemed by the Office of Licensing to be detrimental to the education, health, safety, well-being or treatment needs of children or that otherwise demonstrates unfitness by the owner or staff members of the home to operate a children's group home;

7. Failure of an out-of-State home or agency to maintain a license, approval or certification in its own state;

8. Failure by the agency or director 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:56-5.1(b)1, Criminal History Record Information background checks, as specified in N.J.A.C. 3A:56-5.6, or Child Abuse Record Information background checks, as specified in N.J.A.C. 3A:56-5.7;

9. Refusal by the director, treatment home parent, teaching family home parent, alternative care home parent, supervised transitional living home parent or 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;

10. Refusal by the director 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;

11. Refusal by the director to terminate the employment of a staff member when an allegation of child abuse or neglect has been substantiated against the staff member;

12. Refusal by the director to terminate the employment of a staff member convicted of a crime or offense requiring disqualification, as specified in N.J.A.C. 3A:56-5.6(e);

13. A substantiated allegation of child abuse or neglect against the director, treatment home parent, teaching family home parent, alternative care home parent, supervised transitional living home parent or household member; and

14. Conviction by the director, treatment home parent, teaching family home parent, alternative care home parent, supervised transitional living home parent or household member for a crime or offense requiring disqualification, as specified in N.J.A.C. 3A:56-5.6(e).

(b) The Office of Licensing shall provide written notice to the home or agency if it intends to deny, suspend, revoke or refuse to renew its application for a certificate. This notice shall specify the Office's reasons for such action.

(c) If the Office of Licensing denies, revokes, or refuses to renew a certificate of approval, as specified in (a) above, the home or agency shall be prohibited from reapplying for a certificate of approval for one year from the date of certificate denial, revocation or refusal to renew. After the one-year period has elapsed, the home or agency may submit to the Office a new application for a certificate.

(d) If a certificate is suspended, the Office of Licensing shall issue or reinstate the certificate once the home or agency achieves compliance with the provisions of this manual. In such a case, the Office shall not require the home or agency to submit a new application for a certificate unless such reapplication is expressly made a condition of the issuance or reinstatement of the certificate.

(e) Each certificate of approval issued by the Office of Licensing to a home or agency remains the property of the State of New Jersey. If the Office suspends or revokes a certificate of approval, the home or agency shall return the certificate of approval to the Office immediately.

N.J. Admin. Code § 3A:56-2.3

Amended by R.2005 d.374, effective 11/7/2005.
See: 37 N.J.R. 1942(a), 37 N.J.R. 4263(a).
In (a), rewrote 7 and 8 and added 9 through 14.
Amended by R.2006 d.433, effective 12/18/2006.
See: 38 N.J.R. 2610(a), 38 N.J.R. 5362(b).
Substituted "Office of Licensing" for first occurrence of "Bureau" throughout; in (a)4 and (a)5, substituted "Department" for "Division"; in (a)5 and (a)7, substituted "home or agency" for "home, agency or agency-approved home"; in (b), substituted "Office's" for "Bureau's"; in (c) and (d), substituted "Office" for second occurrence of "Bureau"; and in (e), substituted "Office" for second and third occurrences of "Bureau".