N.J. Admin. Code § 3A:56-5.1

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

Section 3A:56-5.1 - General requirements for director and all staff members

(a) The director and every staff member shall:

1. Be of good character and reputation;

2. Be in sufficient physical, mental and emotional health to perform his or her job duties satisfactorily; and

3. Possess skills, attributes and characteristics conducive to and suitable for operating a home or dealing with children, as applicable.

(b) Prior to hiring or utilizing a director or a staff member who will be working at the home or agency, the home or agency shall secure and maintain on file:

1. A signed application for employment from each individual, indicating the applicant's name, address and telephone number; education and work experience; and disclosure of the presence or absence of criminal convictions;

2. Two written or two verbal references on each individual. These references shall be secured from former employers or other persons who have knowledge of the individual's work experience or education and who can attest to the individual's suitability to work with children. The verbal references shall be documented in writing by the home or agency;

3. Documentation from the Department showing compliance with 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, for the director and each staff member, treatment home parent, teaching family home parent, alternative care home parent, supervised transitional living home parent, and household member at least 18 years old in a treatment home, teaching family home, alternative care home, or supervised transitional living home; and

4. A copy of a home study for each treatment home, teaching family home serving five or fewer children, supervised transitional living home serving five or fewer children and alternative care home operated in private family dwellings by the agency for children supervised by the Department. The home study shall include:

i. A description of the rooms in the home;

ii. A description of the child's bedroom;

iii. A description of the neighborhood;

iv. The names of the persons residing in the home, including biological children, other children placed by the Department, boarders and frequent overnight guests;

v. References as specified in (b)2 above, on all persons identified in (b)3iv above;

vi. A written health statement on all persons identified in (b)4iv above;

vii. A statement from the agency that verifies that the supply of hot tap water has been tested and is between 120 and 125 degrees Fahrenheit;

viii. Indication when a couple lives together, that both partners are considered home parents and shall be in compliance with this chapter;

ix. For treatment homes operated in private dwellings, indication that the treatment home parent(s) has sufficient income or other means of financial support prior to the placement of a child; and

x. Updated information if any of the information in (b)4i, ii, or iv above changes.

(c) Failure by any agency, director or other staff member to comply with the requirements as specified in (a) and (b) above, and/or any evidence demonstrating unfitness or unsuitability to fulfill the responsibilities and duties of his or her position or to serve or deal with children in an appropriate manner, shall constitute grounds for one or more of the following actions:

1. Removal of the director or staff member from his or her position;

2. Reassignment to other duties that do not involve contact with children; or

3. Termination from the home.

(d) The home shall disclose to the Office of Licensing, in writing, information about and circumstances surrounding any previous denial, suspension, revocation or refusal to renew a certificate of approval or a license to operate a home either by the Office or by the licensing agency of another state. Evidence of a previous denial, suspension, revocation or refusal to renew a certificate of approval or license, shall not in and of itself result in an automatic disqualification of the prospective agency or home to secure a certificate of approval for another or the same home, but shall constitute grounds for the Office to investigate the circumstances that led to the original negative action and make a determination as to whether to reject or process the new application for a certificate of approval.

(e) Requirements to prevent and report child abuse or neglect are as follows:

1. The director or any staff member shall verbally notify the Departments State Central Registry at 1-877-NJ-ABUSE (1-877-652-2873) immediately whenever there is reasonable cause to believe that a child has been subjected to abuse or neglect by a staff member, or any other person, pursuant to the Child Abuse and Neglect Law (see 9:6-8.9, 8.10, 8.13, and 8.14). This provision shall also apply to homes located outside of New Jersey, notwithstanding the child abuse and neglect provisions of the State in which the home is located.

2. In addition to the reporting requirements in (e)1 above, the home shall report any suspected abuse or neglect of the child by his or her parents or other family members to the Division worker assigned to the family.

3. In addition to the reporting requirements specified in (e)1 above, the home shall notify the Division worker and parents of any unusual incidents that occurred at the home and that might indicate possible abuse or neglect involving the child. Such notification shall be made on the same day on which the incident occurred. Such incidents may include, but are not limited to: acts of aggression, violent or destructive behavior, suicidal threats or behavior, homicidal threats, inappropriate sexual behavior, running away, withdrawal or passivity, drug or alcohol abuse, or significant changes in the childs behavior or habits. The home shall maintain on file a record of such incidents and documentation that parents and Division workers have been informed of them.

4. The Department, during the course of investigating an allegation of child abuse and neglect, may determine that immediate, corrective action is necessary to protect the children whenever:

i. The director or staff member has been found by the Department's Institutional Abuse Investigation Unit (IAIU) to pose a risk of harm to children; or

ii. The director or staff member has committed an act of child abuse or neglect, as substantiated by the IAIU; or

iii. The director or staff member has been convicted of such acts.

5. Whenever the IAIU makes such a determination, the agency or director shall carry out the Department's recommendation for immediate remedial action and long-term corrective action. Such remedial action may include, but not be limited to:

i. Removal or suspension of the affected director or staff members from the home or reassignment to other duties that do not involve contact with the children; or

ii. When the director or staff member resides at the home, removal of the affected employee from the premises.

6. Such suspension, removal or reassignment, as specified in (e)5 above, shall remain in effect until the results of the Department's investigation have been determined, and a final decision in the matter has been rendered by the Office of Licensing.

7. If an allegation of child abuse or neglect is substantiated against an individual working or residing at the home or agency, the home or agency shall immediately terminate the individual's employment at the home or agency. If the individual is a director, treatment home parent, teaching family home parent, alternative care home parent, supervised transitional living home parent, or household member, the Department shall also deny, suspend, revoke or refuse to renew the certificate of approval, as applicable.

i. The home or agency may appeal the denial, suspension, revocation or refusal to renew to the Department, as specified in 3A:56-2.4.

ii. The treatment home parent, teaching family home parent, alternative care home parent or supervised transitional living home parent may choose to remove the household member against whom child abuse or neglect is substantiated from the home before the action against the certificate takes effect.

(f) The home or agency shall utilize medical, dental, and psychological personnel serving children on either a staff or community provider basis who shall:

1. Be responsible for ensuring that the needs of the children for medical, dental, and psychological services are met; and

2. Be licensed to practice in the state where the staff member or community provider is located, if required by the laws of that state.

N.J. Admin. Code § 3A:56-5.1

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

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