N.J. Admin. Code § 3A:56-3.8

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

Section 3A:56-3.8 - Records

(a) The home's or agency's records shall be open for inspection by authorized representatives of the Office of Licensing, the Division of Children's System of Care, the Department's Institutional Abuse Investigation Unit (IAIU), the Department's contracting units, Division workers, provided that they may only secure information about children under the Department's supervision, and other departmental units as warranted.

(b) The home or agency shall maintain on file the following administrative records until the expiration of its certificate of approval:

1. The following records shall be maintained in files located either at an agency's administrative office or at the home:

i. A record of comprehensive general liability insurance, as specified in 3A:56-3.9;

ii. A record of performance of required monthly fire drills and/or evacuation drills, as specified in 3A:56-4.5(c);

iii. A record of training sessions for staff members on evacuation procedures, the use of fire extinguishers, the location of fire alarms, and emergency medical procedures, as specified in 3A:56-5.4(a)3;

iv. A copy of the home's or agency's vehicle insurance policy, as specified in 3A:56-8.2; and

v. Transportation records, if transportation is provided to children residing in the home, as specified in 3A:56-8.4.

2. The following records shall be maintained in files located at the home:

i. A current manual;

ii. A statement of purpose, as specified in 3A:56-3.1 and 9.1(b);

iii. The Life/Safety and Program Inspection/Violation reports and Complaint Investigation Summary reports, if applicable, from the Office of Licensing, as well as letters of enforcement or other actions taken against the agency or home, if applicable, that cover the current certificate of approval period;

iv. The document providing information to parents, as specified in 3A:56-3.3(a);

v. A record of each parent's signature attesting to the receipt of the information to parents document, as specified in 3A:56-3.3(b)1;

vi. Documentation of the use of extermination services, if applicable, as specified in 3A:56-4.3(a)7;

vii. Policies and procedures regarding behavior management, as specified in 3A:56-6.13, 6.14 and 10.14;

viii. A record of in-service training conducted for staff members, as specified in 3A:56-5.4 and 10.3;

ix. A record of all incidents and accidents, recorded on incident and accident report forms by the involved staff member(s), noting all details of the incident and accident and any actions taken by the staff members, as specified in N.J.A.C. 3A:56-6.13, 7.3(b), and 9.3(a) and (b);

x. A copy of the comprehensive health plan, as specified in 3A:56-7.1, 10.15 and 10.16;

xi. Copies of menus of food served to the children, including special diets, as specified in 3A:56-6.11 and 10.24;

xii. Aggregate statistical information on children served, including the date of each admission, date of each discharge, and reason for each discharge, as specified in 3A:56-5.2(a)10;

xiii. A record of signed parental consent for children's participation in fund-raising, publicity, photography, or audiovisual activities related to the home, as specified in 3A:56-3.2(a)11;

xiv. A copy of the children's grievance procedures, as specified in 3A:56-3.2(d);

xv. A record of signed parental consent for medical treatment for each child, as specified in 3A:56-3.6(b);

xvi. A daily record log, in which an on-duty staff member shall comment on positive and negative significant activities and events, such as, aggressive behavior, damage to property, running away, a child threatening self-harm or refusing to meet his or her daily needs, educational achievements or problems demonstrated by the child and other personal achievements of the child that occur, along with the staff member's response to those events;

xvii. A daily log book, a separate log book or notation in the child's case record, in which all visits to the child shall be recorded;

xviii. A copy of the staff members' work schedules and time sheets;

xix. A medication log book, as specified in 3A:56-7.4, 7.5 and 10.20;

xx. For group homes, a written daily schedule of planned recreational, leisure time and physical exercise activities, as specified in 3A:56-6.8(b) and 10.11;

xxi. A record of pet vaccinations and the name and address of the licensed veterinarian providing care for the pets, as specified in 3A:56-6.12;

xxii. A copy of the parenting education curriculum, as specified in 3A:56-10.8;

xxiii. A copy of the plan for emergency evacuation procedures, as specified in 3A:56-9.2(a);

xxiv. A copy of the plan for search and rescue procedures, as specified in 3A:56-9.2(b);

xxv. Copies of biking permits, as specified in 3A:56-9.4(a);

xxvi. Documentation that permission was obtained to enter a cave from the owner or public authority, as specified in 3A:56-9.6(c);

xxvii. Documentation on the care of horses, as specified in 3A:56-9.8(c);

xxviii. Documentation on the safety of ropes used in climbing, as specified in 3A:56-9.9(d);

xxix. A copy of the plan for boating activities, as specified in 3A:56-9.10;

xxx. Copies of all permits, certificates or licenses for camping, as specified in 3A:56-9.15;

xxxi. A copy of the policy for treating snake, animal and insect bites and ingestion or contact with poisonous plants, as specified in 3A:56-9.17(c);

xxxii. A copy of the plan and procedures that enable children to receive an emergency message, and send and receive mail, as specified in 3A:56-9.20(c);

xxxiii. Documentation that children were permitted to make free telephone calls, as specified in 3A:56-9.20(e);

xxxiv. A copy of the policy for visitation and communication for parents, as specified in 3A:56-9.20(g); and

xxxv. A copy of the feed plan for horses, as specified in 3A:56-9.8 and 9.16.

(c) The home or agency shall maintain on file the following staff records throughout a staff member's employment and for one year after the staff member has stopped working at the home.

1. The following records for the director and all staff members shall be maintained in files located either at an agency's administrative office or at the home:

i. Applications for employment, as specified in 3A:56-5.1(b) and 9.18;

ii. References on the director and staff members, as specified in 3A:56-5.1(b) and 9.18;

iii. A record of each staff member's signature attesting to his or her receipt of the policy statement on the disciplining of children by staff members, as specified in 3A:56-3.3(b);

iv. A record of each staff member's signature attesting to his or her receipt of the information to parents document, as specified in 3A:56-3.3(b);

v. Health information, as specified in 3A:56-7.7;

vi. A copy of a home study, as specified in 3A:56-5.1(b)4; and

vii. Documentation of completion of a Criminal History Record Information background check, as specified in 3A:56-5.6, and a Child Abuse Record Information background check, as specified in 3A:56-5.7.

2. The following staff records shall be maintained in files located at the home:

i. Current staff member attendance sheets;

ii. A full written disclosure of the director's and every staff member's background, previous work experience and criminal convictions, if any, as specified in 3A:56-5.1(b) and 9.18;

iii. Documentation that every staff member received and reviewed a copy of the home's statement of purpose, grievance policy, children's bill of rights, fireplace policy and search and seizure policy, as specified in 3A:56-3.1(b) and 3.3(b); and

iv. Documentation of training received by staff members, as specified in 3A:56-5.4 and 10.3.

(d) The home shall maintain on file the children's records set forth in (d)1i through xii below during the child's placement at the home or agency and for at least four years following the discharge of the child.

1. The home or agency shall ensure the confidentiality of the following records for each child, in accordance with New Jersey State law:

i. Identifying information, as specified in 3A:56-3.6(b) and (c);

ii. A copy of each treatment plan developed for the child, for group homes, teaching family homes, psychiatric community homes for children, alternative care homes or treatment homes, as specified in N.J.A.C. 3A:56-6.1; a copy of the case management plan for supervised transitional living homes, as specified in N.J.A.C. 3A:56-6.3; and a copy of the case management plan for homes that serve pregnant and parenting adolescents, as specified in N.J.A.C. 3A:56-10.4;

iii. Education records, as specified in 3A:56-6.7;

iv. Reports of incidents, including, but not limited to, acts of aggression, violent or destructive behavior, discovery of contraband, suicidal threats, discovery of a weapon, inappropriate sexual behavior, involvement with the police and documentation of efforts made to locate runaways, as specified in 3A:56-6.13, 6.14, 6.15 and 6.16;

v. Reports of accidents, as specified in 3A:56-7.3 and 9.3(a) and (b);

vi. Documentation of the opening of a child's mail by a home staff member, as specified in 3A:56-6.6;

vii. Medical records, as specified in 3A:56-7.2 and 9.17(a) and (b);

viii. A discharge summary, as specified in 3A:56-6.2 and 10.5;

ix. An aftercare plan, as specified in 3A:56-6.2 and 10.5;

x. An infant's feeding schedule, as specified in 3A:56-10.24;

xi. Documentation that an adolescent mother received life skills development training, as specified in N.J.A.C. 3A:56-10.25;

xii. Documentation that a child received information on adventure activities, as specified in N.J.A.C. 3A:56-9.1(d); and

xiii. A copy of the court order establishing custody or guardianship when an individual other than a parent signs consent forms or other documents of acknowledgement.

2. The home or agency shall ensure that all entries in the child's record indicate the entry date and the name and signature of the person making the entry.

(e) The home or agency shall ensure that any written information provided to children uses language which is understandable to them in regard to their age and development.

(f) A home or agency that chooses to utilize electronic records shall ensure the system is backed up in case of system failure and that staff has access to pertinent information for each child in case of temporary system unavailability.

N.J. Admin. Code § 3A:56-3.8

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

Amended by 50 N.J.R. 135(a), effective 1/2/2018