Licensing Standards for DayCare Centers

Section 10:122-4.1
General Requirements for Sponsor, Director, and all Staff Members

GEN (a) The sponsor E "sponsor:general requirements" , director E "director:general requirements" , and every staff E "staff members:general requirements" 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 sponsoring a center or dealing with children, as applicable.

1. The individual's name, address, telephone number and signature;

2. Education and work experience;

3. Disclosure of the presence or absence of conviction E "conviction" (s) for crimes or disorderly persons offenses;

4. Completion of a Child Abuse Record Information X "CARI (Child Abuse Record Information):full-time staff" background check, as specified in N.J.A.C. 10:122-4.9;

5. Completion E "heal records:staff" of a Mantoux E "Mantoux" \t "See tuberculin skin test" tuberculin skin test E "tuberculin skin test" , as specified in N.J.A.C. 10:122-7.4 (a), and physical examination E "physical examination" \t "See examination, medical" E "examination, medical:staff" , as specified in N.J.A.C. 10:122-7.4 (b);

6. The staff member's signature attesting to the receipt of the policy statement on the disciplin E "discipline:policy:signatures of staff members" ing of children by staff members, as specified in N.J.A.C. 10:122-6.6(e);

7. The staff member's signature attesting to the receipt of the Information to Parents document E "Information to Parents document" , as specified in N.J.A.C. 10:122-3.6(b); and

8. Two written and/or verbal references E "references" on each individual.

   i. The referencesE "references" shall be secured from former employers or other persons who have knowledge of the individual's work experience and/or education and who can attest to the individual's suitability to work with children.

   ii. The verbal references E "references" shall be documented in writing by the sponsor or director.

1. The individual's name, address, telephone number and signature;

2. Disclosure of the presence or absence of conviction E "conviction:disclosure statement" (s) for crimes or disorderly persons offenses;

3. The staff member's signature attesting to the receipt of the documents specified in (b)6 and 7 above; and

4. References, as specified in (b)8 above.

1. Maintain on file, regarding himself or herself, the results of the Child Abuse Record Information E "CARI (Child Abuse Record Information):sponsor" background check, as specified in (b) 4 above; and

2. Disclose to the Bureau E "Bureau of Licensing:reporting to" , in writing, the following:

   i. The sponsor's name, address and telephone number;

   ii. The sponsor's signed statement of the presence or absence of conviction E "conviction" (s) for crimes or disorderly persons offenses; and

   iii. Information about and circumstances surrounding any previous denial, suspension, revocation or non-renewal of a license E "license:previous removal" to own or operate a center either by the Bureau or by the licensing agency of another state.

1. The Staff Records Checklist E "Staff Records Checklist" for the current director and all staff members currently working at the center shall be maintained on file at the center.

2. The Staff Records Checklist E "Staff Records Checklist" for the former director and staff members no longer working at the center shall be maintained on file either at the center or at a central administrative office. The checklist shall be updated to indicate the reason for discontinuance of employment E "employment termination" .

3. Documentation of the information listed in the Staff Records Checklist E "Staff Records Checklist" shall be maintained on file either at the center or at a central administrative office.

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

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

3. Termination from the center; and/or

4. Denial, refusal to renew, suspension or revocation of the center's license.

(h) Evidence of convictione "conviction:rights of convicted offenders" of a crime or disorderly persons offense, in itself, shall not automatically preclude an individual from serving as sponsor, director or staff member or from working in the center and shall not automatically result in the removal or termination of a sponsor, director or staff member. The center shall submit a written justification to the Bureau, documenting why it believes that the individual should not be precluded from working or holding a position at the center. The Bureau, after assessing the facts on a case-by-case basis, shall make the final determination, in keeping with the provisions of the State Rehabilitated Convicted Offenders Act, N.J.S.A. 2A:168A-1 et seq., which provides that a person convicted of a crime or disorderly persons offense may not be disqualified or discriminated against by a licensing authority unless the conviction relates adversely to the occupation, trade, vocation, profession or business for which a license is sought.

(i) Evidence of a previous denial, suspension, revocation, or non-renewal of a licensex license:previous removal", as specified in (d)3 above, shall not in and of itself result in an automatic disqualification of the sponsor or prospective sponsor to secure a license for another or the same center, but shall constitute grounds for the Bureau to investigate the circumstances that led to the original negative action and to make a determination as to whether to reject or process the new application for a license.

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