Licensing Standards for DayCare Centers

Section 10:122-2.4
Denying, Suspending, Revoking or Refusing to Renew a License or a Certificate of Life/Safety Approval

GEN (a) The Bureau may deny an application E "application:denial" or suspend E "license:suspension" , revoke or refuse to renew E "license:non-renewal" a license E "license:revocation" or a Certificate of Life/Safety Approval E "Certificate of Life/Safety Approval:removal" for good cause, including the following, as applicable:

1. Failure or refusal to comply with all applicable provisions of the laws specified in N.J.A.C. 10:122-1.1(a) and of this manual;

2. Violation of the terms and conditions of a license or a Certificate of Life/Safety Approval;

3. Use of fraud or misrepresentation in obtaining a license or a Certificate of Life/Safety Approval or in the subsequent operation of the center;

4. Refusal to furnish the Division E "Division of Youth and Family Services" with files, reports or records, as required by this manual;

5. Refusal to permit an authorized representative of the Division to gain admission to the center and/or to conduct an inspection or investigation during the center's operating hours;

6. Any activity, policy or staff conduct that adversely affects or presents a serious hazard to the education, health, safety, well-being or development of a child attending a center, or that otherwise demonstrates unfitness by a sponsor E "sponsor:unfitness" or staff member E "staff members:unfitness" (s) to operate a center;

7. Failure to provide developmental activities that meet the physical, social, emotional and cognitive needs of the children served;

8. Failure by the sponsor to secure and maintain on file convictionE "conviction" disclosures, as specified in N.J.A.C. 10:122-4.1, or Child Abuse Record Information E "CARI (Child Abuse Record Information)" background checks, as specified N.J.A.C. 10:122-4.9;

9. A determination by the Division's Institutional Abuse Investigation Unit E "Institutional Abuse Investigation Unit" that children in the center are at risk of harm;

10. Refusal by the sponsor to consent to a Child Abuse Record Information background check for himself or herself, or to terminate the employment of a staff member who refuses to consent to a Child Abuse Record Information background check;

11. Refusal by the sponsor to terminate the employment of a staff member when a Child Abuse Record Information background check reveals that an incident of child abuse or neglect has been substantiated against the staff member;

12. A Child Abuse Record Information background check that reveals that an incident of child abuse or neglect has been substantiated against the sponsor; or

13. Failure to comply with the provisions of P.L. 1998, c.35, which prohibit smoking in child care centers, as specified in N.J.A.C. 10:122-7.7(d).

(c) If the Bureau suspends a center's licenseE "license:suspension" or Certificate of Life/Safety Approval to prevent the imminent risk of harm to children served by the center, the Bureau may reinstate the suspended license or Certificate of Life/Safety Approval upon the center's compliance with all applicable provisions of this manual.

(d) If the Bureau denies an application E "application:denial" or revokes or refuses to renew a center's license E "license:previous removal" or Certificate of Life/Safety Approval, as specified in (a) above, the center shall be prohibited from reapplying for a license or a Certificate of Life/Safety Approval for one year from the date of the denial, revocation or refusal to renew. After the one-year period has elapsed, the center may submit to the Bureau a new application E "application:license" for a license or a Certificate of Life/Safety Approval.

(e) Each license and each Certificate of Life/Safety Approval issued by the Bureau to a center is the property of the State of New Jersey. If the Bureau suspends or revokes a license or a Certificate of Life/Safety Approval, the center shall return the license or Certificate of Life/Safety Approval to the Bureau immediately.

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