N.J. Admin. Code § 3A:56-6.6

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

Section 3A:56-6.6 - Visitation and communication

(a) The treatment team shall determine the family members and friends with whom the child may communicate and visit.

1. The treatment team shall identify visitors with whom the child may have contact at intake and may revise the list at subsequent treatment planning or case management meetings.

2. Between treatment planning or case management meetings, the home may curtail a child's contact with individuals after consultation with the Division or other placing agency if the home:

i. Informs the child of the conditions of and reasons for restriction or termination; and

ii. Documents in the child's record the reasons for curtailing contact with the specified individuals.

(b) The home shall develop a visitation policy and explain and distribute the policy to the child and parents at intake. The visitation policy shall specify:

1. The hours for visiting family members and how alternative hours may be arranged;

2. That family visits shall not be denied for a child's infraction of rules, but may be denied if such visits would be contrary to the child's treatment plan and the home shall document denied visits in the child's case record;

3. That visitors who appear to be under the influence of drugs or alcohol or in the possession of a firearm/weapon shall not be allowed to visit and shall not be allowed to transport the child;

4. That the child may visit his or her Division worker or other placing agency worker upon request and that these visits shall not be denied for any reason; and

5. The hours when a child may visit with friends and whether a child's visits with friends may be curtailed for a child's infraction of the rules.

(c) The home shall develop and maintain on file a telephone policy and explain and distribute the policy to the child and parents at intake. The telephone policy shall specify:

1. The home shall permit access to a telephone by the child for telephone conversations with DCF workers or other professional persons involved in the child's treatment planning.

i. The child shall not be charged a cost for these telephone calls; and

ii. The home shall provide adequate privacy for these telephone calls and all other calls but may locate the telephone in an area where a staff member can observe the child's reactions.

2. The home shall permit reasonable access to the telephone by the child for telephone conversations with his or her parents. The home may impose restrictions on these conversations if the following conditions exist:

i. The cost of the telephone calls is prohibitive although the child shall not be charged a cost for these telephone calls; or

ii. The home is complying with a court order which limits the child's contact with his or her parents.

3. When the home imposes restrictions on a child's access to telephone conversations with his or her parents, as specified in 2 above, the home shall:

i. Explain the nature of any restrictions to the child; and

ii. Document the rationale for imposing restrictions in the child's record.

4. The written policy shall also address the use of the telephone by children when they communicate with friends. The home may not charge the child a cost for these calls but may impose one or more of the following conditions:

i. Restricting the time and duration of telephone calls;

ii. Denying the child use of the telephone, except for calls to parents/guardians or DCF workers, for infraction of house rules; and

iii. Requesting the child to identify telephone callers.

5. The home shall not use tapes or any other mechanical listening devices to monitor a child's telephone calls.

6. A home that allows children to maintain personal cellular phones shall ensure that the written policy governing the use of telephones by children includes any restrictions the home may place on the use of such devices.

(d) The home shall not restrict the amount of mail a child sends or receives, unless a court order stipulates such restriction.

1. The child shall receive a postage allowance and writing materials for corresponding with family, friends and other persons who have a positive impact on the child's treatment.

2. No staff member shall open the child's parcels or letters or read the child's letters unless the child is physically incapable of doing so, and then only in the presence of both the child and another staff member.

3. A staff member may ask a child to open parcels and letters in the staff member's presence along with at least one other staff member only if he or she suspects the contents to be contraband, as specified in 3A:56-6.15.

i. If the child refuses to comply with the staff member's request, the home shall store the parcel or letter in a secure place until the child complies or is discharged.

ii. The home shall document the rationale for and the outcome of all incidents when a staff member asks a child to open mail in a staff member's presence.

N.J. Admin. Code § 3A:56-6.6

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

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