Licensing Standards for DayCare Centers

Section 10:122-4.8
Special Requirements to Prevent Child Abusex "Child Abuse/Neglect:Reporting" and Neglect

GEN (a) The sponsor, director or any staff member shall verbally notify the Divisionx "Division of Youth and Family Services:reporting child abuse/neglect to"'s Office of Child Abuse Control or District Office immediately whenever there is reasonable cause to believe that a child has been subjected to abuse and/or neglect by a staff member(s), or any other adult, pursuant to the Child Abuse and Neglect Law (see N.J.S.A. 9:6-8.9, 8.10, 8.13 and 8.14).

(b) For centers serving children under the Division's supervision, the sponsor, director or any staff member shall reportx "reporting:child abuse/neglect" any suspected abuse or neglect of the child by his or her parent(s) or other family members to the Division caseworker assigned to the family.

(c) In addition to the reporting requirements specified in (a) above, the sponsor, director or any staff member shall advise the parentx "parent:notification:unusual incident"(s) of the occurrence of any unusual incidentx "unusual incidents"(s) that occurred at the center and that might indicate possible abuse and/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, unusual sexual activity; violent or destructive behavior; withdrawal or passivity; or significant change(s) in the child's personality, behavior or habits. The center shall maintain on file a record of such incidents and documentation that parents have been informed of them.

(d) The Division, during the course of investigating an allegation of child abusex "child abuse/neglect" and/or neglect, may determine that corrective action is necessary to protect the children whenever:

1. The sponsorx "sponsor:child abuse/neglect:investigation", directorx "director:child abuse/neglect investigation" or staff memberx "staff members:child abuse/neglect:investigation" has been found by the Division's Institutional Abuse Investigation Unitx "Institutional Abuse Investigation Unit" (IAIU) to pose a risk of harm to children; and/or

2. The sponsor, director or staff member has committed an act of child abusex "child abuse/neglect" and/or neglect, as substantiated by the IAIU; and/or

3. The sponsor, director or staff member has been convicted of such acts.

1. Removal or suspension of the affected sponsor, director or staff member(s) from the center or reassignment to other duties that do not involve contact with the children; or

2. When the sponsor, director or staff member resides at the facility where the center is located, removal of the affected employee from the premises for a period of time extending from one hour prior to the arrival of the children until one hour after the children have left.

(g) If an allegation of child abusex "child abuse/neglect" and/or neglect is substantiated against a staff member, the sponsor shall immediately terminate the staff member's employmentx "employment termination" at the center. If an allegation of child abuse and/or neglect is substantiated against the sponsor, the Division will revokex "license:revocation" or refuse to renew the licensex "license:non-renewal" or Certificate of Life/Safety Approval, as applicable.

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