N.J. Admin. Code § 3A:56-9.1

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

Section 3A:56-9.1 - General requirements

(a) The requirements of this subchapter shall apply to any home or any agency that provides or contracts for adventure activities that may include, but are not limited to:

1. Biking;

2. Canoeing, kayaking and tubing;

3. Caving;

4. Hiking;

5. Horseback riding;

6. Ropes and rock climbing;

7. Sailing and boating;

8. Snow skiing, cross country skiing, snow boarding and snow tubing;

9. Solos;

10. Swimming;

11. Water skiing; and

12. Camping.

(b) The requirements of this subchapter shall not apply to commercial, accompanied recreational activities available to the general public on a walk-in basis, except as specified in (l) and (m) below and that require no special preparation or skill. However, the home shall ensure that any commercial recreational activity it uses for children that involves canoeing, kayaking, tubing, sailing, boating, or water skiing, complies with the requirements, as specified at N.J.A.C. 3A:56-9.5, 9.10, or 9.14.

(c) All homes whose program consists primarily of adventure activities shall maintain on file a written statement of purpose that shall identify the following:

1. The home's philosophy, goals, and objectives;

2. Characteristics of the children to be served;

3. Types of adventure activities that a child may participate in and other treatment services provided to the children, including those provided directly by the home and those services that may be provided in cooperation with community agencies or outside individuals;

4. Procedures for implementing those services; and

5. Criteria for successful completion of the program.

(d) For homes whose program consists primarily of adventure activities, the home shall describe to the child and the parents prior to admission to the facility, the types of adventure activities in which the child will be asked to participate. This discussion shall include:

1. An explanation of the anticipated benefits of the activity;

2. A description of the potential risks of the activity, as well as an explanation of how the facility will take precautions to minimize risks; and

3. A clear statement that no child will be forced to do an adventure activity against his or her will.

(e) For homes whose program does not consist primarily of adventure activities, the home shall discuss with the child and his or her parents the information specified above before the child is scheduled to participate in the activity. The home shall ensure that any adventure activity it uses from an outside provider complies with all applicable requirements of the particular activity as specified in this subchapter.

(f) The home shall document that a staff member discussed the information specified in (d) and (e) above in the child's record.

(g) The home shall maintain a list of all children and staff members who participate in an adventure activity that occurs away from the grounds of the home in the event staff members or children need to be contacted due to an emergency or to provide immediate information to the Division, other placing agency, Office of Licensing and parents if there is an emergency that occurs during the adventure activity.

(h) The home shall have a fully-stocked first aid kit that is activity-appropriate and available whenever an activity occurs on-grounds or off-grounds.

(i) The home shall ensure that all children and staff members receive instruction about the value of the activity and necessary safety precautions, such as how to prevent dehydration, frostbite, heat exhaustion, hyperthermia, hypothermia, poisoning from plants and animals, sun poisoning, snow blindness, or drowning, as appropriate to the nature of the activity, and what to do in case of an emergency.

(j) The home shall not force or coerce a child to participate in any adventure activity, but may require a child to observe an adventure activity to assist the child in getting over his or her fears of a particular activity or to foster an interest in participating in a particular activity.

(k) The home shall ensure that staff members discuss the following topics with all the children who have participated in an adventure activity:

1. How they felt during and after the activity; and

2. What they learned about themselves as individuals and members of a group after completing the activity.

(l) The home shall not engage in any activities requiring or involving firearms and cross bows nor permit staff to have firearms or cross bows.

(m) The home shall prohibit airborne activities including, but not limited to, bungee jumping, hang gliding, para-sailing and parachuting.

(n) The home shall not permit children to use power tools unless the children wear protective safety glasses and work shoes or boots, and are under the direct supervision of staff members.

(o) The home shall not allow children or staff to participate in manufacturer's tests of new adventure equipment.

(p) For all water activities and outdoor trips away from the grounds or campsites, the home shall modify or cancel the activity if there is a threat of a severe storm or other environmental hazard such as fires, polluted water, threat of flash floods, hurricanes or avalanches.

(q) The home shall not engage in water activities where the water is known to have hazardous wastes, such as waters that have been contaminated by toxins, sewage or chemicals.

(r) The home shall ensure that all water in streams, ponds, lakes and rivers that is used for drinking, food preparation and dishwashing is first boiled, filtered or purified with iodine or tablets specifically designed to purify water.

N.J. Admin. Code § 3A:56-9.1

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

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