N.J. Admin. Code § 3A:56-5.3

Current through Register Vol. 56, No. 9, May 6, 2024

Section 3A:56-5.3 - Staff-to-child ratios

(a) Group homes and supervised transitional living homes, except psychiatric community homes for children as specified in (c) below, shall meet the following staff-to-child ratios:

1. The home shall have at least one staff member present in the home or reachable by telephone when the home is in operation but the children are not in the home on a particular day.

2. The home shall have at least one staff member for every six or fewer children when the children are awake and present in the home and when the children are participating in an activity organized by the home.

3. The home shall have at least one staff member on duty when there are 12 or fewer children in the home and the children are asleep.

i. In a single-sex home, the staff member may be asleep.

ii. In a coed home, the staff member shall be awake.

iii. An additional staff member shall be available to provide emergency in-person coverage within 30 minutes.

(b) Teaching family homes, alternative care homes, supervised transitional living homes serving five or fewer children, and treatment homes shall have:

1. One staff member on duty whenever a child is scheduled to be present in the home;

2. One staff member as identified in (b)1 above who is accessible by telephone or beeper at all times when the home is in operation and the children are not present; and

3. One staff member who can provide emergency in-person coverage within 30 minutes.

(c) Psychiatric community homes for children shall meet the following staff-to-child ratios:

1. The home shall have at least one staff member present in the home or immediately reachable by telephone when the home is in operation but children are not present on a particular day;

2. The home shall have at least one staff member present for every three or fewer children when the children are awake and present in the residence; and

3. The home shall have at least two staff members on duty during normal sleeping hours, one of whom shall be awake. An additional staff member shall be available to provide emergency in-person coverage within 30 minutes.

(d) As an exception to (b) above, teaching family homes, supervised transitional living homes, and treatment homes may permit a child to remain in the home when the home is in operation without a staff member present only when the following conditions have been met:

1. The child is at least 14 years of age;

2. The child does not have the responsibility to supervise other children in the home or is not supervised by other children in the home;

3. The treatment team, as specified at 3A:56-6.1(b), documents in the child's treatment plan that the child has acquired the necessary skills that would enable the child to be in the home without a staff member present, including:

i. The ability to contact the police, ambulance or fire department in the event of an emergency;

ii. The ability to safely self-evacuate the home if there is a fire, gas leak or other potentially dangerous situation;

iii. The knowledge that strangers and visitors are not permitted in the home without the prior approval of the staff member; and

iv. If an adolescent mother with an infant, the ability to provide care and supervision of her child;

4. The treatment team, as specified at 3A:56-6.1(b), documents in the child's treatment plan that the child has achieved treatment goals that would enable the child to be in the home without a staff member present. Such treatment goals may include, but are not limited to:

i. Regular attendance in school, vocational program or work;

ii. Consistent participation in counseling, based on the child's treatment plan, if applicable; and

iii. Demonstration by the child that he or she has not been involved in incidents of aggressive/assaultive behavior, damage or destruction of property, inappropriate sexual behavior or other behavioral or emotional episodes that would indicate that the child could be a potential risk to self or others;

5. The child does not require medication and/or psychotropic medication to be administered during the time that he or she is in the home unsupervised; and

6. The staff member does not permit the child to remain in the home unsupervised:

i. Because of his or her employment commitments;

ii. For overnight stays as a part of a vacation or outing; or

iii. For periods of time that exceed four consecutive hours; and

7. A staff member is accessible by telephone or beeper at all times and can provide in-person coverage within 30 minutes.

(e) Teaching family homes, supervised transitional living homes, and treatment homes may permit a child unsupervised time in the community when the following conditions have been met:

1. The child is at least 14 years of age;

2. The child does not have the responsibility to supervise other adolescents during the outing or is not supervised by other adolescents during the outing;

3. The treatment team, as specified at N.J.A.C. 3A:56-6.1(b), documents in the child's treatment plan that the child has acquired the necessary skills that would enable the child to be in the community without a staff member present, including:

i. Knowledge of the name, address, and phone number to the home;

ii. The knowledge of how to respond in case of emergency, including the ability to contact the home, if needed;

iii. The knowledge of personal safety techniques, such as awareness of surroundings and not accepting or asking for transportation from others in the community outside of an approved plan;

iv. The knowledge that the approved destinations, activities, timeframes, and methods of travel must be adhered to; and

v. If an adolescent mother with an infant, the ability to provide care and supervision of her child;

4. The treatment team, as specified at N.J.A.C. 3A:56-6.1(b), documents in the child's treatment plan that the child has achieved treatment goals that would enable the child to be in the community without a staff member present. Such treatment goals may include, but are not limited to:

i. Regular attendance in school, vocational program, or work;

ii. Consistent participation in counseling, based on the child's treatment plan, if applicable; and

iii. Demonstration by the child that he or she has not been involved in incidents of aggressive/assaultive behavior, damage or destruction of property, inappropriate sexual behavior, or other behavioral or emotional episodes that would indicate that the child could be a potential risk to self or others;

5. The child does not require medication or psychotropic medication to be administered during the time that he or she is in the community unsupervised; and

6. The staff member does not direct or allow the child to be in the community unsupervised:

i. To temporarily empty the home because of his or her employment or other commitments;

ii. Without a documented and approved itinerary; or

iii. For unreasonable periods of time or at unreasonable times of the night;

7. A staff member is available to retrieve the child without prior notice should an emergency arise; and

8. The agency or home monitors whether or not the child is appropriately using unsupervised time in the community and responds accordingly.

N.J. Admin. Code § 3A:56-5.3

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

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