3A 52 CC Manual 11-29-17

CHAPTER 52

MANUAL OF REQUIREMENTS

FOR CHILD CARE CENTERS

STATE OF NEW JERSEY

DEPARTMENT OF CHILDREN AND FAMILIES

EFFECTIVE December 20, 2023

EXPIRES December 20, 2030

DEPARTMENT OF CHILDREN AND FAMILIES

OFFICE OF LICENSING

PO BOX 717

TRENTON, NEW JERSEY 08625-0717

Toll - Free Telephone 1-877-667-9845

N.J.A.C. 3A:52

MANUAL OF REQUIREMENTS FOR CHILD CARE CENTERS

SUBCHAPTER 1. GENERAL PROVISIONS ...................................................................... 1

3A:52-1.1 Legal authority ............................................................................................................. 1

3A:52-1.2 Definition of child care center ..................................................................................... 2

3A:52-1.4 Definitions of other terms ............................................................................................ 4

3A:52-1.5 Hours of care ................................................................................................................ 6

SUBCHAPTER 2. LICENSING PROCEDURES .................................................................. 7

3A:52-2.1 Application for a license .............................................................................................. 7

3A:52-2.2 Issuance of a license..................................................................................................... 7

3A:52-2.3 Location of a center ..................................................................................................... 8

3A:52-2.4 Denying, suspending, revoking, or refusing to renew a license or a

Certificate of Life/Safety Approval ............................................................................. 9

3A:52-2.5 Administrative hearings ............................................................................................. 11

3A:52-2.6 Complaints ................................................................................................................. 11

3A:52-2.7 Public access to the Office of Licensing's records ..................................................... 12

3A:52-2.8 Procedures for securing a Certificate of Life/Safety Approval ................................. 12

SUBCHAPTER 3. CENTER ADMINISTRATION ................................................................ 13

3A:52-3.1 Administrative responsibility ..................................................................................... 13

3A:52-3.2 Reporting requirements .............................................................................................. 13

3A:52-3.3 Center records ............................................................................................................ 13

3A:52-3.4 Comprehensive general liability insurance ................................................................ 14

3A:52-3.5 Communication requirements .................................................................................... 14

3A:52-3.6 Information to Parents document ............................................................................... 14

SUBCHAPTER 4. STAFF REQUIREMENTS .................................................................... 17

3A:52-4.1 General requirements for sponsor, sponsor representative, director,

and all staff members ................................................................................................. 17

3A:52-4.2 Staffing requirements ................................................................................................. 18

3A:52-4.3 Staff/child ratios and supervision............................................................................... 20

3A:52-4.4 Grouping of children .................................................................................................. 22

3A:52-4.5 Staff responsibilities................................................................................................... 23

3A:52-4.6 Staff qualifications ..................................................................................................... 25

3A:52-4.7 Staff orientation and development ............................................................................. 32

3A:52-4.8 Orientation training .................................................................................................... 32

3A:52-4.9 Special requirements to prevent child abuse and neglect .......................................... 33

3A:52-4.10 Child Abuse Record Information background check procedures ............................. 34

3A:52-4.11 Criminal History Record Information background check procedures ....................... 36

SUBCHAPTER 5. PHYSICAL FACILITY REQUIREMENTS ........................................ 40

3A:52-5.1 Applicability of requirements to programs operating in public school buildings ..... 40

3A:52-5.2 State, county and municipal government physical facility requirements .................. 40

3A:52-5.3. Physical plant requirements for all centers ................................................................ 42

3A:52-5.4 Additional physical plant requirements for early childhood programs ..................... 51

3A:52-5.5 Additional physical plant requirements for school-age child care programs ............ 52

3A:52-5.6. Special physical facility and monitoring requirements to prevent child abuse or

neglect ........................................................................................................................ 52

SUBCHAPTER 6. PROGRAM REQUIREMENTS ............................................................ 54

3A:52-6.1 Activities .................................................................................................................... 54

3A:52-6.2 Program equipment for children's daily activities ..................................................... 56

3A:52-6.3 Food and nutrition ...................................................................................................... 56

3A:52-6.4 Rest and sleep requirements for early childhood programs ....................................... 59

3A:52-6.5 Policy on the release of children ................................................................................ 60

3A:52-6.6 Discipline ................................................................................................................... 61

3A:52-6.7 Special requirements to prevent child abuse or neglect and inappropriate staff

behaviors toward children .......................................................................................... 62

3A:52-6.8 Parent and community participation .......................................................................... 63

SUBCHAPTER 7. HEALTH REQUIREMENTS ................................................................ 67

3A:52-7.1 Illnesses and communicable diseases ........................................................................ 67

3A:52-7.2 Attendance by children or staff members known to be infected with Human

Immunodeficiency Virus (HIV) ................................................................................. 68

3A:52-7.3 Health and immunization requirements for children ................................................. 68

3A:52-7.4 Health requirements for staff members ...................................................................... 69

3A:52-7.5 Administration and control of prescription and non-prescription medicines and

health care procedures................................................................................................ 70

3A:52-7.6 Injury to a child while in the center's care ................................................................. 72

3A:52-7.7 Environmental sanitation requirements ..................................................................... 73

3A:52-7.8 Personal hygiene requirements .................................................................................. 75

3A:52-7.10 Reporting of illnesses, injuries, and reportable diseases........................................... 77

3A:52-7.11 Information to parents regarding the management of communicable diseases ........ 77

SUBCHAPTER 8. REQUIREMENTS FOR CENTERS SERVING SICK CHILDREN 79

3A:52-8.1 Requirements for all centers serving sick children .................................................... 79

3A:52-8.2 Admission criteria ...................................................................................................... 80

3A:52-8.3 Requirements for additional staff for centers serving sick children .......................... 80

3A:52-8.4 Requirements for additional physical facilities for centers serving sick children ..... 82

iii

3A:52-8.5 Program requirements for centers serving sick children............................................ 82

3A:52-8.6 Sanitation and infection control ................................................................................. 82

3A:52-8.7 Requirements for additional records for centers serving sick children...................... 83

SUBCHAPTER 9. TRANSPORTATION REQUIREMENTS ........................................... 84

3A:52-9.1 Scope .......................................................................................................................... 84

3A:52-9.2 Vehicle definitions ..................................................................................................... 84

3A:52-9.3 Vehicle requirements ................................................................................................. 84

3A:52-9.4 Driver licensing requirements .................................................................................... 86

3A:52-9.5 Vehicle-related safety practices ................................................................................. 86

3A:52-9.6 Vehicle insurance ....................................................................................................... 87

3A:52-9.7 Transportation records ............................................................................................... 87

3A:52-9.8 Vehicle staff requirements ......................................................................................... 88

INDEX ................................................................................................................... 89

SUBCHAPTER 1. GENERAL PROVISIONS

3A:52-1.1 Legal authority

(a) This chapter is promulgated pursuant to the Child Care Center Licensing Act,

N.J.S.A. 30:5B-1 et seq.

(b) Under the laws specified in (a) above, the Department of Children and Families is

authorized to:

1. License certain public and private child care centers that are maintained for the

care, development, or supervision of six or more children under 13 years of age for less than

24 hours a day;

2. Inspect and examine the physical plant or facilities, including, but not limited to,

storage areas and additional floor levels, and program of a child care center without delay or

an escort, and inspect all documents, records, files, or other data maintained pursuant to the

above-referenced law during the center's normal operating hours and without prior notice;

and

3. Request the appropriate State and local fire, health and building officials to conduct

examinations and inspections to determine a center's compliance with State and local

ordinances, codes and regulations. The inspections shall be conducted and the results

reported to the Department within 60 days after the request.

authorized to issue a Certificate of Life/Safety Approval to a center that:

1. Operates on a seasonal or short-term basis for eight weeks or less and does not

offer a continuous program that extends across the three-year period of licensure; or

2. Was operating on or before May 16, 1984 and was exempt from the licensing

provisions because it was operated by an aid society of a properly organized and accredited

church.

(d) Centers specified in (c)1 and 2 above are required to comply with the physical

facility; life/safety; administration and control of medication; environmental sanitation;

supervision, minimum staffing, and discipline requirements; and communicable disease

reporting provisions of this chapter. Centers with Certificates of Life/Safety Approval may

secure regular licenses on a voluntary basis, as long as they comply with all provisions of this

chapter.

(e) To be eligible for a license, a center shall demonstrate to the satisfaction of the

Department of Children and Families, or the duly authorized agency, that the center complies

with all applicable provisions of this chapter.

(f) All applicable requirements shall be met by all child care centers, unless the rules are

specified as "for early childhood programs" or "for school-age child care programs."

(g) Responsibility for ensuring that centers comply with the provisions of the laws cited

in (a) above and with provisions of this chapter is hereby delegated by the Department of

Children and Families to the Office of Licensing.

(h) When a person intends to care for six or more children under 13 years of age, he or

she shall apply for and secure from the Office of Licensing a license to operate a child care

center. Once licensed, the center is subject to all applicable provisions of this chapter, even if

the number or ages of the children attending the center at a particular time should fall outside

the definition of a center, as specified in N.J.A.C. 3A:52-1.2(a).

(i) The Office cannot complete initial program inspections unless six or more children

are present at the center.

3A:52-1.2 Definition of child care center

(a) "Child care center" or "center" means any home or facility, by whatever name

known, which is maintained for the care, development, or supervision of six or more children

under 13 years of age who attend for less than 24 hours a day.

1. For a facility that is located in a sponsor’s or sponsor representative's home, the

Office of Licensing shall not count the children residing in the sponsor’s or sponsor

representative's home in determining whether the facility is serving the minimum number of

children that would require it to be licensed as a center.

(b) The term “child care center” shall include, but not be limited to, day care centers;

drop-in centers; night-time centers; recreation-type centers sponsored and operated by a

county or municipal government recreation or park department or agency; day nurseries;

nursery and play schools; cooperative child centers; centers for children with special needs;

centers serving sick children; infant-toddler programs; school-age child care programs;

employment-related centers; centers that had been licensed by the Department of Human

Services prior to the enactment of the Child Care Center Licensing Act of 1984; and

kindergartens and pre-kindergartens that are not an integral part of a private educational

institution or system offering elementary education in grades kindergarten through sixth.

not meet the definition of a child care center:

1. A program serving fewer than six children who are below 13 years of age;

2. A program, such as that located in a bowling alley, health spa, or other facility, in

which:

i. Each child attends on a drop-in basis for no more than two hours; and

ii. The parent of each child attending the program is in the same building, is

readily accessible at all times on an on-call basis, and is able to resume control of the child

immediately;

3. A child care program operating within a geographic area, enclave or facility that is

owned or operated by the Federal government;

4. A family day care home that is registered pursuant to the Family Day Care

Provider Registration Law, N.J.S.A. 30:5B-16 et seq.;

5. Programs that offer activities for children who attend at their own discretion on an

"open door" basis, where there is no agreement, written or implied, between the program and

the parent for the program to assume responsibility for the care of the child; and

6. A program offering child care on an ad hoc, sporadic, and isolated basis in order to

meet an emergency or special need, such as during emergency school closings, conferences,

or training sessions.

3A:52-1.3 Programs exempt from licensure

(a) The following programs are exempt from licensure pursuant to the laws specified in

N.J.A.C. 3A:52-1.1(a):

1. Programs operated by the board of education of a local public school district

which is responsible for their implementation and management;

2. Kindergartens, pre-kindergarten programs, or child care centers that are operated

by and are an integral part of, a private educational institution or system providing

elementary education in grades kindergarten through sixth;

i. For purposes of this paragraph, operation of a program by a private educational

institution or system shall require direct operation and payment of staff by the operating

institution or system.

ii. For purposes of this paragraph, a program is an integral part of a private

educational institution or system if the program and the institution or system can reasonably

demonstrate integration of the program based on geographic proximity, commonality of

enrollment, and continuation of enrollment between the program and the institution or

system, commonality of staffing, cohesion of an academic curriculum between programs, or

some combination of the above.

3. Centers or special classes operated:

i. Primarily for religious instruction. To qualify for an exemption from licensing

under this paragraph, a center or special class must:

(1) Be an integral part of a bona fide church or religion;

(2) Serve only children who are two years of age or older;

(3) Provide a program that is composed primarily of religious instruction in

which the curriculum is related to religious themes, stories, or teachings; and

(4) For children under six years of age, operate and provide religious

instruction for not more than two hours on any day; or

ii. For the temporary care of children while persons responsible for such children

are attending religious services. To qualify for an exemption from licensure under this

provision, a center or special class must:

(1) Provide care only for the children of participants in religious services that

are an integral part of a bona fide church or religion;

(2) Be arranged by and responsible to the church or religion; and

(3) Provide child care only for the duration of time the services are in

progress;

4. Programs of specialized activities or instruction for children that are not designed or

intended for child care purposes, including, but not limited to: Boy Scouts, Girl Scouts, 4-H

Clubs, Junior Achievement, and commercial indoor playground or sports centers where

parents remain with pre-school children; and single activity programs, such as: athletics,

gymnastics, hobbies, art, music, dance, and craft instruction, which are supervised by an

adult, agency or institution. To qualify for an exemption from licensing under this paragraph,

a program must:

i. Provide activities that are supervised on a full-time basis by an adult; and

ii. Provide only a single instruction or activity program. For children under six

years of age, such single instruction or activity programs shall be limited to not more than

two hours on any day;

5. Homework or tutorial programs that submit documentation demonstrating that:

i. Time frames are developmentally appropriate for the age group served and

children under six years of age do not attend the program for more than two hours;

ii. The tutorial or homework instruction is not designed for child care purposes;

iii. The tutorial or homework program is supervised on a full-time basis by an

adult;

iv. There is no agreement, written or implied, between the tutorial or homework

program and the parent to assume responsibility for the care of the child; and

v. There is no agreement, written or implied, between the tutorial or homework

program that transportation is provided by the program.

6. Youth camps required to be licensed under the Youth Camp Safety Act of New Jersey,

pursuant to N.J.S.A. 26:12-1 et seq. To qualify for an exemption from licensing under this

provision, a program must have a valid and current license as a youth camp, issued by the

New Jersey Department of Health. A youth camp sponsor who also operates a child care

center shall also secure a license from the Office of Licensing for the center;

7. Regional schools operated by or under contract with the Department of Children

and Families; and

8. Privately operated infant and preschool programs that are approved by the

Department of Education to provide services exclusively to local school districts for children

with disabilities, pursuant to N.J.S.A. 18A:46-1 et seq.

3A:52-1.4 Definitions of other terms

The following words and terms, when used in this chapter, shall have the following

meanings:

"Child" means any person under 13 years of age.

“Denial of a license or a Certificate of Life/Safety Approval" means the withholding

by the Office of Licensing of an initial license or Certificate of Life/Safety Approval, for

which a center has applied.

"Department" means the New Jersey Department of Children and Families.

"Director" means the on-site staff member responsible for the daily operation and

management of the center.

"Early childhood program" means a supervised group program serving six or more

children under six years of age.

“Health care provider” means a physician, nurse practitioner, physician’s assistant, or

other health care professional who is licensed or otherwise authorized by the state in which

he or she practices to perform the applicable health care services specified in this chapter.

“Licensed capacity” means the maximum number of children a center can serve in the

rooms approved as licensed space by the Office of Licensing.

"Office of Licensing" or "Office" means the Office of Licensing, New Jersey

Department of Children and Families.

"Parent" means a birth or adoptive parent, legal guardian, or any other person having

responsibility for, or custody of, a child.

"Person" means any individual, agency, corporation, company, association,

organization, society, firm, partnership, joint stock company, the State or any political

subdivision thereof.

"Refusal to renew a license or a Certificate of Life/Safety Approval" means the non-

issuance of a license or a Certificate of Life/Safety Approval by the Office of Licensing to a

center after its existing license or Certificate of Life/Safety Approval has expired.

"Regular Certificate of Life/Safety Approval" or "Regular Certificate" means a

document issued by the Office of Licensing to a center that is eligible for such approval,

indicating that the center is in full compliance with N.J.A.C. 3A:52-1.1(c).

"Regular license" means a document issued by the Office of Licensing to a center

indicating that the center is in full compliance with all applicable provisions of this chapter.

"Revocation of a license or a Certificate of Life/Safety Approval" means a permanent

removal of a center's current license or Certificate of Life/Safety Approval to operate.

"School-age child care program" means a supervised group program serving six or

more children under 13 years of age who are enrolled in a public or private school, when

their classes are not in session. The term, school-age child care program, may also include

programs that serve: kindergarten children before or after their regular school session; and

pre-kindergarten children before or after their regular school session if the pre-kindergarten

children attend the program for no more than three and a half hours.

"Shall" denotes a provision of this chapter that a center must meet to qualify for a

license.

"Should" denotes a recommendation reflecting goals towards which a center is

encouraged to work.

"Sponsor" means any person(s), corporation, or governing board owning or legally

responsible for operating a center.

"Sponsor representative" means any person who represents or acts on behalf of a

sponsor.

"Staff member" or "staff" means any person(s) employed by or working for or at a

center on a regularly scheduled basis. This includes full-time, part-time, voluntary, substitute,

contract, or consulting personnel, whether compensated or not.

"Suspension of a license or a Certificate of Life/Safety Approval" means a temporary

removal of a center's current license or Certificate of Life/Safety Approval to operate.

"Temporary Certificate of Life/Safety Approval" or "Temporary Certificate" means a

document issued by the Office of Licensing to a center that is eligible for such approval,

indicating that the center is in substantial compliance with N.J.A.C. 3A:52-1.1(c), provided

that no serious or imminent hazard affecting the children exists in the center.

"Temporary license" means a document issued by the Office of Licensing to a center

that is in substantial compliance with the applicable provisions of this chapter, provided that

no serious or imminent hazard affecting the children exists in the center.

3A:52-1.5 Hours of care

(a) Centers operating during the normal waking hours shall not care for a child on a

regular basis for more than 12 hours within a 24-hour period.

(b) Centers operating during the normal sleeping hours shall not care for a child on a

regular basis for more than 16 hours within a 24-hour period.

SUBCHAPTER 2. LICENSING PROCEDURES

3A:52-2.1 Application for a license

(a) No person shall operate a center without first securing a license from the Office of

Licensing. Any person who operates a center that does not have a valid license, or who uses

fraud or misrepresentation in obtaining a license, or who advertises or provides any service

not authorized by a valid license, or who violates any other provision of the laws specified in

N.J.A.C. 3A:52-1.1(a), is guilty of a crime of the fourth degree, pursuant to N.J.S.A.

30:5B-13.

(b) A person applying for an initial license or renewal license to operate a center or

relocation of a center shall submit a completed application to the Office of Licensing at least

45 days prior to the anticipated opening of the center or to the expiration of its existing

regular license.

application form, the specified licensing fee listed in the chart below, in the form of a check

or money order made payable to the "Treasurer, State of New Jersey."

LICENSING FEES FOR CENTERS

Center's Licensed Capacity Three Year Fee

6-15 $110.00

16-30 $140.00

31-60 $165.00

61-100 $195.00

101 -180 $220.00

181 and up $250.00

(d) In lieu of the fees specified in (c) above, an applicant for an initial or renewal license

who operates a Head Start center, pursuant to 42 U.S.C. §§ 9831 et seq., or a school-age

child care program that does not charge a fee or require other compensation or services from

parents, shall submit with the completed application form a $110.00 licensing fee, in the

form of a check or money order made payable to the "Treasurer, State of New Jersey."

(e) If the application is denied, or the center does not open, the Office of Licensing shall

refund the licensing fee to the applicant.

(f) The licensing fee will not be refunded once the Office of Licensing issues the center a

license.

3A:52-2.2 Issuance of a license

(a) The Office of Licensing shall issue a regular license to a center that has achieved full

compliance with all applicable provisions of this chapter.

(b) If the Office of Licensing determines that a center is in substantial compliance with,

but does not meet all applicable provisions of this chapter, and provided that there is no

serious or imminent hazard to the health, safety, well-being, and development of the children,

the Office of Licensing shall issue a temporary license to the center and indicate in writing

the steps the center must take to secure a regular license. When a center applies for its first

license, a temporary license shall not be issued until the center has submitted to the Office of

Licensing a satisfactory Certificate of Occupancy and documentation of compliance with

State requirements, as specified in N.J.A.C. 3A:52-5.2 through 5.6.

of Licensing may issue as many temporary licenses as it deems necessary. However, a center

shall not operate pursuant to temporary licenses for more than 18 months.

(d) Each licensing period, which may include the issuance of one or more temporary

licenses and/or one regular license, shall be three years.

1. In determining the expiration date of the first regular license, the Office of

Licensing shall compute the three-year licensing period from the date of issuance of the first

temporary or regular license.

2. In determining the expiration date of a renewal regular license, the Office of

Licensing shall compute the three-year licensing period from the date on which the center's

previous regular license expired.

(e) The license shall be posted in a prominent location within the center and in each

building associated with the center.

(f) A center shall not make claims contrary to its license, either in advertising or in any

written or verbal announcement or presentation.

(g) A facility or program caring for children shall not claim in advertising, or in any

written or verbal announcement or presentation, to be a licensed center unless it has secured a

license from the Office of Licensing.

(h) A center shall not claim that it is licensed by any State department or agency other

than the New Jersey Department of Children and Families, or that it is accredited by any

State department.

(i) For those centers that do not have children in attendance for a period of six months or

more, the centers shall be deemed as closed and a new license shall be issued should the

center decide to serve children in the future.

3A:52-2.3 Location of a center

(a) The license shall be issued to a specific center sponsor or sponsor representative at a

specific location and shall not be transferable.

(b) When two or more buildings are, or will be, utilized to accommodate centers operated

by the same sponsor or sponsor representative, the sponsor or sponsor representative shall

apply to the Office of Licensing for either:

1. A separate license for each center in each building; or

2. A single license covering all the buildings that comprise a single center, provided

that:

i. The buildings are on the same or contiguous properties;

ii. The programs have the same director; and

iii. The Office of Licensing determines that issuance of a single license would not

be detrimental to the health, safety, well-being, and development of the children served.

Licensing to be hazardous to the physical health and safety of the children.

(d) The requirements for co-location of a center within a multi-use building are as

follows:

1. The sponsor or sponsor representative of a center that is, or seeks to be, co-located

in a multi-use building shall indicate on its application the nature of the co-location.

2. Prior to approving the site, the Office of Licensing shall determine that the multi-

use site does not pose a serious risk to the health, safety or well-being of the children.

3. During operating hours, the Office of Licensing may require the center to:

i. Operate in a separate room, floor, or section of the building;

ii. Have or use a separate entrance or toilet facility;

iii. Meet any other physical plant, staffing, program, or other operational

requirements that are deemed necessary to protect the children from serious risk of harm

stemming from the co-location;

iv. Not share common areas, such as hallways, gyms, or bathrooms; and

v. Have a schedule for outdoor time, if the outdoor play area is shared.

4. The sponsor or sponsor representative of a center that has been approved to be

located in a multi-use building shall notify the Office of Licensing of any change in use by

other occupants of the building, as specified in N.J.A.C. 3A:52-3.2(a).

(e) All new or relocating centers, after March 6, 2018, shall not be located in a building

that was formerly a dry cleaner or funeral home.

3A:52-2.4 Denying, suspending, revoking, or refusing to renew a license or a

Certificate of Life/Safety Approval

(a) The Office of Licensing may deny an application or suspend, revoke, or refuse to

renew a license or a Certificate of Life/Safety Approval for good cause, including the

following, as applicable:

1. Failure or refusal to comply with all applicable provisions of the laws specified in

this chapter;

(i) Failure to comply with the provisions of this chapter shall also prevent a

sponsor from obtaining a license for an additional child care center;

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 Department with files, reports, or records, as required by

this chapter;

5. Refusal to permit an authorized representative of the Department to gain admission

to the center 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, sponsor representative, or staff

member(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 or sponsor representative to secure and maintain on file

conviction disclosures, as specified in N.J.A.C. 3A:52-4.1(b)3, Child Abuse Record

Information (CARI) background checks, as specified in N.J.A.C. 3A:52-4.10, or Criminal

History Record Information (CHRI) fingerprint background checks, as specified in N.J.A.C.

3A:52-4.11;

9. A determination by the Department’s Institutional Abuse Investigation Unit that

children in the center are at risk of harm;

10. Refusal by the sponsor or sponsor representative 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 or sponsor representative 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 sponsor

representative; 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. 3A:52-7.7(d).

(b) The Office of Licensing shall provide written notice to the sponsor or sponsor

representative if it intends to deny an application or suspend, revoke, or refuse to renew a

license or a Certificate of Life/Safety Approval. The notice shall specify the Office of

Licensing's reasons for such action.

Approval to prevent the imminent risk of harm to children served by the center, the Office of

Licensing may reinstate the suspended license or Certificate of Life/Safety Approval upon

the center's compliance with all applicable provisions of this chapter.

(d) If the Office of Licensing denies an application or revokes or refuses to renew a

center's license or Certificate of Life/Safety Approval, as specified in (a) above, the sponsor

or sponsor representative of 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 sponsor or sponsor representative

may submit to the Office of Licensing a new application for a license or a Certificate of

Life/Safety Approval.

(e) Each license and each Certificate of Life/Safety Approval issued by the Office of

Licensing to a center is the property of the State of New Jersey. If the Office of Licensing

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 Office of Licensing immediately.

(f) If the Office of Licensing determines to suspend, revoke, or refuse to renew the

center’s license or Certificate of Life/Safety Approval, the Office of Licensing shall notify

the parent of each enrolled child of the action.

1. Upon notification by the Office of Licensing of an action against the center’s

license or Certificate, the center shall provide to the Office of Licensing the name and

mailing address of each child’s parent.

2. Within 20 days after notifying the center of the action, the Office of Licensing

shall:

i. Notify parents of the action against the center’s license or Certificate;

ii. Advise parents of the center’s right to contest the action through an

administrative hearing before the Office of Administrative Law;

iii. Inform parents of the name, address, and telephone number of the resource

and referral services offered by the appropriate State-contracted Child Care Resource and

Referral agency for assistance in finding alternative child care arrangements, if necessary;

and

iv. Notify the appropriate State-contracted Child Care Resource and Referral

agency of the action.

(g) The Office may require the center to submit in writing a corrective action plan

indicating the time frame and the actions the center shall take to comply with all applicable

provisions of this chapter.

3A:52-2.5 Administrative hearings

(a) Before the Office of Licensing's decision to deny an application or suspend, refuse to

renew, or revoke a center's license or Certificate of Life/Safety Approval becomes effective,

the Office of Licensing shall afford the center an opportunity to request an administrative

hearing, pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the

Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(b) As long as the Department determines that the children are not at risk and no serious

or imminent hazards exist, the Office of Licensing may permit a center that has requested an

administrative hearing, as specified in (a) above, to continue to operate until a final decision

is rendered as a result of the hearing.

3A:52-2.6 Complaints

(a) Whenever the Office of Licensing receives a report questioning the licensing status of

a program or center or alleging that a licensed center is violating provisions of this chapter,

the Office of Licensing shall ensure that the allegation is promptly investigated to determine

whether the complaint is substantiated.

(b) After the report of the investigation has been completed, the Office of Licensing shall

notify the sponsor or sponsor representative in writing of the results of the investigation,

pursuant to the State Open Public Records Law, N.J.S.A. 47:1A-1 et seq., except for any

information not permitted to be disclosed pursuant to N.J.S.A. 9:6-8.10a.

Investigation Unit, or local offices, conducts complaint investigations, the center shall

cooperate with all Department investigators.

3A:52-2.7 Public access to the Office of Licensing's records

Licensing files maintained by the Office of Licensing are public records and shall be

readily accessible for examination by any person, under the direction and supervision of the

Office of Licensing, except when public access to records is restricted, in accordance with

the Open Public Records Law or other applicable statutes.

3A:52-2.8 Procedures for securing a Certificate of Life/Safety Approval

(a) A center that is eligible for a Certificate of Life/Safety Approval, as specified in

N.J.A.C. 3A:52-1.1(c), may apply for and secure such a Certificate from the Office of

Licensing by complying with all provisions of N.J.A.C. 3A:52-2.1 through 2.8, except for

3A:52-2.1(c) and (d); and with all provisions of N.J.A.C. 3A:52-4.3, 4.10, 4.11, 5.2 through

5.6, 6.6, 7.5, 7.7, 7.8, 7.10, and 9.1 through 9.8.

(b) The applicant shall submit to the Office of Licensing a $110.00 fee in the form of a

check or money order made payable to the "Treasurer, State of New Jersey," along with the

completed application for a Certificate of Life/Safety Approval.

center and seeks to operate a seasonal or short-term program, as specified in N.J.A.C.

3A:52-1.1(c)1, at the same site, the applicant shall submit an application for a Certificate of

Life/Safety Approval with no additional fee required. The sponsor or sponsor representative

shall receive a Certificate of Life/Safety Approval in addition to a license.

(d) The Office of Licensing shall review the application and accompanying materials and

conduct an on-site inspection of the center to determine whether it meets all applicable

provisions of this chapter as specified in (a) above.

1. If the center is found to be in full compliance, the Office of Licensing shall issue a

Regular Certificate of Life/Safety Approval to the center.

2. If the center is found to be in substantial compliance, and provided that there is no

serious or imminent hazard to the health, safety, well-being and development of the children,

the Office of Licensing shall issue a Temporary Certificate of Life/Safety Approval.

3. When a center applies for its first Certificate of Life/Safety Approval, a Temporary

Certificate of Life/Safety Approval shall not be issued until the center has submitted to the

Office of Licensing a satisfactory Certificate of Occupancy and documentation of

compliance with State requirements, as specified in N.J.A.C. 3A:52-5.2 through 5.6.

SUBCHAPTER 3. CENTER ADMINISTRATION

3A:52-3.1 Administrative responsibility

(a) The sponsor or sponsor representative shall be legally responsible and held

accountable by the Office of Licensing for the overall operation of the center and for

ensuring the center's compliance with all applicable provisions of this chapter.

(b) When the sponsor is an entity owned or operated by two or more individuals, a

corporation, or governing board, the sponsor shall designate an individual to represent the

interests and act on behalf of the sponsor. For school-age child care programs, the sponsor’s

representative shall have a bachelor’s degree.

3A:52-3.2 Reporting requirements

(a) The center shall notify the Office of Licensing verbally of any of the following

changes or events by the next working day after the center learns of their occurrence:

1. Injury or illness that results in the admittance to a hospital or death of a child, as

specified in N.J.A.C. 3A:52-7.10(b);

2. Change in use by other occupants of a multi-use building in which the center is

located, as specified in N.J.A.C. 3A:52-2.3(d);

3. Permanent closing of the center;

4. Damage to the premises of the center caused by fire, accident or the elements;

5. Proposed use of emergency space, including relocation or use of rooms not

approved by local municipal officials or by the Office of Licensing, as specified in N.J.A.C.

3A:52-5.3(q); and

6. Any conviction(s) or guilty plea(s) of the sponsor or sponsor representative,

director, or any staff member, as specified in N.J.A.C. 3A:52-4.1(b)3, (c)2, and (d)2.

(b) The center shall notify the Office of Licensing verbally at least three working days in

advance of any proposed change to the licensing information previously submitted to the

Office of Licensing on the completed application, including, but not limited to, changes in

location and in keeping with the requirements specified at N.J.A.C. 3A:52-5.3(i). The center

shall notify the Office of Licensing in writing within 30 calendar days of any such change(s).

3A:52-3.3 Center records

(a) Requirements for access to center records are as follows:

1. The center's records shall be open for inspection by authorized representatives of

the Office of Licensing.

2. The center's records shall be open for inspection by authorized representatives of

the Department’s Institutional Abuse Investigation Unit (IAIU), provided that they may only

secure information about children under the Department’s supervision.

(b) Requirements for maintenance of center records are as follows:

1. Children’s records shall be maintained on file for one year after the child is no

longer enrolled at the center.

i. Records for children currently enrolled at the center shall be maintained on

file at the center, unless otherwise specified in this chapter.

ii. Records for children no longer enrolled at the center shall be maintained on

file either at the center or at a central administrative office.

2. Staff records shall be maintained on file for one year after the staff member is no

longer working at the center.

i. Records for staff members currently working at the center shall be maintained

on file at the center.

ii. Records for staff members no longer working at the center shall be maintained

on file either at the center or at a central administrative office.

3. All other records shall be maintained on file at the center for one year after the

record is made or received, unless otherwise specified in this chapter.

3A:52-3.4 Comprehensive general liability insurance

The sponsor or sponsor representative shall secure comprehensive general liability

insurance coverage for the center and shall maintain on file a copy of the insurance policy or

documentation of current insurance coverage.

3A:52-3.5 Communication requirements

(a) The center shall have:

1. Its own telephone; and

2. An e-mail account and address checked regularly by the Director. E-mail access

need not be available on site.

(b) The center shall provide parents of all enrolled children with its telephone number,

either in writing or by e-mail. This telephone number shall provide parents direct on-site

contact during operating hours.

address or telephone number.

3A:52-3.6 Information to Parents document

(a) The center shall give to the parent(s) of every enrolled child and to every staff

member, a written Information to Parents document designated by the Office of Licensing

and indicating that the center is required to:

1. Be licensed by the Office of Licensing, Department of Children and Families;

2. Comply with all applicable provisions of this chapter;

3. Post its license in a prominent location within the center;

4. Retain a current copy of this chapter and make it available for parents' review;

5. Indicate how parents can secure a copy of this chapter and obtain information

about the licensing process from the Office of Licensing;

6. Make available to parents, upon request, the Office of Licensing's Life/Safety and

Program Inspection/Violation and Complaint Investigation Summary report(s) on the center,

as well as any letters of enforcement or other actions taken against the center during the

center's current licensing period;

7. Post a listing or diagram of those rooms and areas that have been approved by the

Office of Licensing for children's use;

8. Comply with the inspection and investigation functions of the Department,

including the interviewing of staff members and children;

9. Afford parents the opportunity and time to review and discuss with the center

director, sponsor, or sponsor representative any questions or concerns about the policies and

procedures of the center or whether the center is in compliance with all applicable provisions

of this chapter;

10. Advise parents that if they believe or suspect that the center is violating any

requirement of this chapter, they may report such alleged violations to the center sponsor,

sponsor representative, or director or to the Office of Licensing;

11. Afford parents of enrolled children an opportunity to participate in the center's

operation and activities and to assist the center in complying with licensing requirements;

12. Afford parents of enrolled children the opportunity to visit the center at any time

during the center's hours of operation to observe its operation and program activities without

having to secure prior approval;

13. Provide parents with advance notice of any field trip, outing or special event

involving the transportation of children away from the center, and, for each event, secure the

written consent of the parent(s) before taking a child on such a field trip, outing or special

event;

14. Post a copy of the center's written statement of policy on the disciplining of

children by staff members in a prominent location within the center, and make a copy of it

available to parents upon request;

15. Indicate, through this document, that any person who has reasonable cause to

believe that a child has been or is being subjected to child abuse or neglect is required by

N.J.S.A. 9:6-8.10 to report such allegations to the State Central Registry Hotline (1-877 NJ

ABUSE/1-877-652-2873) immediately, and indicate that such reports may be made

anonymously;

16. Indicate through this document how parents and staff members may secure

information about child abuse and neglect from the Department;

17. Inform parents of the center's policy on the release of children;

18. Inform parents of the center's policy on administering medication and health care

procedures;

19. Provide parents with a copy of the center's policy on management of

communicable diseases;

20. Provide parents with a copy of the center’s policy on the expulsion of children

from enrollment;

21. Inform parents that the center is required to provide reasonable accommodations

for children and parents with disabilities and to comply with the New Jersey Law Against

Discrimination (LAD), P.L. 1945, c. 169 (N.J.S.A. 10:5-1 et seq.), and the Americans with

Disabilities Act (ADA), P.L. 101-336 (42 U.S.C. §§12101 et seq.), and indicate that anyone

who believes the center is not in compliance with these laws may contact the Division on

Civil Rights in the New Jersey Department of Law and Public Safety for information about

filing an LAD claim at (609) 292-4605 (TTY users may dial 711 to reach the New Jersey

Relay Operator and ask for (609) 292-7701), or may contact the United States Department of

Justice for information about filing an ADA claim at (800) 514-0301 or (800) 514-0383

(TTY); and

22. Inform parents that the center is required to maintain and update, at least

annually, a list from the Consumer Product Safety Commission (CPSC) regarding unsafe

products and make the list available to staff and parents or provide parents with the CPSC

website at www.cpsc.gov/Recalls.

(b) The center shall distribute a copy of the Information to Parents document to each

child’s parent(s) upon enrollment and to every person upon becoming a staff member and

secure and maintain on file a record of each parent’s and staff member’s signature attesting

to receipt of the document.

1. The center shall maintain on file a copy of the Information to Parents

document.

SUBCHAPTER 4. STAFF REQUIREMENTS

3A:52-4.1 General requirements for sponsor, sponsor representative, director,

and all staff members

(a) The sponsor, sponsor representative, director, and every staff 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.

(b) Prior to hiring or utilizing a director or a staff member who will be working at the

center on a regularly scheduled basis, the sponsor, sponsor representative, or director shall

complete and maintain on file for each individual a Staff Records Checklist, signed by the

sponsor, sponsor representative, or director and designated by the Office of Licensing,

indicating that the center has obtained documentation of the following:

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

2. Education and work experience;

3. Disclosure of the presence or absence of conviction(s) for crimes or disorderly

persons offenses;

4. Completion of a Child Abuse Record Information background check, as specified

in N.J.A.C. 3A:52-4.10, and a Criminal History Record Information fingerprint background

check, as specified in N.J.A.C. 3A:52-4.11;

5. Completion of a Mantoux tuberculin skin test, as specified in N.J.A.C. 3A:52-

7.4(a), and physical examination, as specified in N.J.A.C. 3A:52-7.4 (b);

6. The staff member’s signature attesting to the receipt of the policy statement on the

disciplining of children by staff members, as specified in N.J.A.C. 3A:52-6.6(e);

7. The staff member’s signature attesting to the receipt of the Information to Parents

document, as specified in N.J.A.C. 3A:52-3.6(b); and

8. Two written or verbal references on each individual.

i. The references shall be secured from former employers or other persons who

have knowledge of the individual's work experience or education and who can attest to the

individual's suitability to work with children.

ii. The verbal references shall be documented in writing by the sponsor, sponsor

representative, or director.

1. Maintain on file, regarding himself or herself, the results of the Child Abuse

Record Information background check and the Criminal History Record Information

fingerprint background check, as specified in (b)4 above; and

2. Disclose to the Office of Licensing, in writing, the following:

i. The sponsor or sponsor representative’s name, address, and telephone

number;

ii. The sponsor or sponsor representative’s signed statement of the presence or

absence of 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 to own or operate a center either by the

Office of Licensing or by the licensing agency of another state.

(d) The staff records specified in (a) through (c) above shall be maintained on file as

follows:

1. The 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 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.

3. Documentation of the information listed in the Staff Records Checklist shall be

maintained on file either at the center or at a central administrative office.

(e) Failure by a sponsor, sponsor representative, director, or other staff member to

comply with the requirements specified in (a) through (c) above or any evidence

demonstrating unfitness or unsuitability to fulfill the responsibilities and duties of his or her

position or to serve or deal with children in an appropriate manner shall constitute grounds

for one or more of the following actions:

1. Removal of the sponsor, sponsor representative, 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; or

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

(f) Evidence of a previous denial, suspension, revocation, or non-renewal of a license, as

specified in (c)2iii above, shall not in and of itself result in an automatic disqualification of

the sponsor, sponsor representative, prospective sponsor, or prospective sponsor

representative to secure a license for another or the same center, but shall constitute grounds

for the Office of Licensing 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.

3A:52-4.2 Staffing requirements

(a) Each center shall have the following staff members:

1. A sponsor or sponsor representative, who may also serve as the director and as one

of the staff members specified in (a)3 below;

2. A director, who may also serve as one of the staff members specified in (a)3

below;

3. One or more of the applicable qualified staff members, as specified in the charts in

(b) and (c) below for each program type offered; and

4. Additional staff members, as necessary, to meet staff/child ratio requirements, as

specified in N.J.A.C. 3A:52-4.3.

i. If the center offers an early childhood program and a school-age child care

program, but has fewer than six children in one of those programs, the center shall only be

required to meet the staffing requirements of the program serving six or more children.

ii. If the center offers an early childhood program and a school-age child care

program, and has fewer than six children in each program, the center shall meet the staffing

requirements in either (b) or (c) below.

(b) For early childhood programs, the following shall apply:

1. Based on the center’s licensed capacity, the center shall have one or more head

teachers, group teachers, and/or consulting head teachers, as specified in the chart below:

TYPES OF STAFF REQUIRED

AT EARLY CHILDHOOD PROGRAMS

Licensed

Capacity

Head

Teacher(s)

Group

Teacher(s)

Consulting

Head

Teacher

6-15 1 or 1 or 1

16-30 1 or (1 and 1)

31-60 1

61-120 1 and 1

121-180 1 and 2

181-240 2 and 2

241-300 2 and 3

301-360 3 and 3

361-420 3 and 4

421-480 4 and 4

481-540 4 and 5

________________

* A staff member who meets the head teacher qualifications, as specified in N.J.A.C.

3A:52-4.6(c), may be utilized as a required group teacher.

i. As an exception to the staffing requirements in the chart above, centers with a

licensed capacity of from six to 30 children, 50 percent or more of whom have special needs

as a result of a cognitive, socio-emotional or physical disability or disorder, shall have a head

teacher.

1. Based on center size, the center shall have one or more program supervisors at

each site as specified in the chart below:

TYPES OF STAFF MEMBERS REQUIRED

AT SCHOOL-AGE CHILD CARE PROGRAMS

Licensed Capacity

Program Supervisor(s)

6-180 1

181-360 2

361-540 3

(d) Programs operating at a capacity beyond 540 children shall have an additional

program supervisor, as specified in N.J.A.C. 3A:52-4.6(d), for each additional group of 100

children.

3A:52-4.3 Staff/child ratios and supervision

(a) The children shall be supervised directly by a staff member at all times, including

during outdoor activities, rest and sleep, and walking through hallways. Toileting procedures

shall be supervised by a staff member as appropriate for the ages and developmental needs of

the children.

1. The center shall develop and implement an Office of Licensing-approved method

to keep track of the location and ensure the safety of all children at all times when under the

center’s supervision, including the transfer of supervision from and to parents during arrival

and departure and the utilization of off-site locations, including playgrounds and field trips

2. The center shall ensure that all staff members are trained in the method of .keeping

track of children and know how many children are in their care at all times.

(b) There shall be a minimum of two staff members accompanying children on any field

trip, outing, or special event involving children away from the center, even when the

appropriate staff/child ratios allow fewer than two staff members.

below:

Age Staff/Child Ratio

Under 18 months 1:4

18 months up to 2 ½ years 1:6

2 ½ years up to 4 years 1:10

4 years 1:12

5 years and older 1:15

(d) The following staff/child ratios shall apply during rest or sleep, when the criteria

listed in (d) 1, 2, and 3 below are met:

Age Staff/Child Ratio

Under 18 months

18 months to under 2 ½ years

2 ½ years and above

1:10

1:12

1:20

1. At least one staff member shall be physically present in the room or area in which

children are napping and shall be able to summon other staff members without leaving the

room or area.

2. A sufficient number of staff members shall be in the facility and readily accessible

to ensure compliance with the awake staff/child ratios specified in (c) above.

3. Naptime preparations shall have been completed and all children 18 months or

above are resting or sleeping, while all children under 18 months of age are sleeping.

(e) The following staff/child ratios shall apply for centers serving children, 50 percent or

more of whom have special needs, as a result of a cognitive, socio-emotional, or physical

disability or disorder:

Age Staff/Child Ratio

Under 2 ½ years 1:3

2 ½ years of age and over (non-ambulatory) 1:3

2 ½ years of age and over (ambulatory) 1:5

(f) Centers serving children who are sick shall comply with the variation on staff/child

ratios for sick children, as specified in N.J.A.C. 3A:52-8.3(c).

(g) In computing the required number of staff, the center shall apply the applicable

staff/child ratios, as specified in (c) through (f) above, to the actual number of children in

attendance at the center. The total number of staff members required for a center shall be the

sum total of staff members required per room or area within a large room that has been

divided by partitions, furniture or other barrier. The number of staff members per room or

area within a large divided room shall be computed by dividing the number of children in

attendance per room or area within a large divided room at any given time by the staff/child

ratio required for the age of the children served. When this resulting figure is any fraction

above a whole number, an additional staff member shall be required.

(h) When children of mixed ages requiring different staff/child ratios are in one room or

area within a large divided room, the center shall compute the staff/child ratios applicable for

each group separately to the nearest tenth decimal. If the resulting cumulative figure for all

age groups is any fraction above a whole number, an additional staff member shall be

required.

(i) For purposes of determining whether a required staff/child ratio is met, only those

staff members who are involved in the direct care and supervision of children shall be

counted.

(j) Staff members who are under 18 years of age shall be directly supervised by and

visible to a staff member who is 18 years of age or older.

(k) For early childhood programs, the following shall apply:

1. A minimum of two staff members, one of whom shall be at least 18 years of age,

shall be present and involved in the care of children when:

i. At least six children are present, who are below six years of age; or

ii. Fewer than six children are present but applicable staff/child ratios, governing

children below 18 months of age or children with special needs, require two staff members.

2. The following minimum ages of staff members shall apply for purposes of

computing the staff/child ratio:

i. Only staff members who are at least 14 years of age shall be counted for the

staff/child ratio; and

ii. Staff members below 16 years of age shall only be utilized when school is not

in session, or, if school is in session, only if they are participating in a school/work program.

(l) For school-age child care programs, the following shall apply:

1. A minimum of two staff members, one of whom shall be at least 18 years of age,

shall be at the center and involved in the care of children when six or more children are

present, except as specified in (l)2 and 3 below.

2. A minimum of one staff member, who shall be at least 18 years of age, shall be at

the center and involved in the care of children when all the provisions in (l)2i through iv

below are met:

i. Children attend for no more than one and one half hours;

ii. No more than five children present are below six years of age;

iii. No more than 12 children are present; and

iv. An additional adult has agreed to be available and immediately accessible in

an emergency.

3. A minimum of one staff member, who shall be at least 18 years of age, shall escort

up to 12 children on any walk including walks to and from their school and the center.

4. Only staff members who are at least 16 years of age shall be counted for the

staff/child ratio.

3A:52-4.4 Grouping of children

(a) For early childhood programs, the following shall apply for infants (under 18 months

of age) and toddlers (18 months to 2½ years of age):

1. A particular staff member shall be assigned as the primary caregiver to each

specific group of children, in accordance with applicable staff/child ratios, as specified in

N.J.A.C. 3A:52-4.3;

2. A group shall consist of four infants or six toddlers to whom a primary caregiver

has been assigned;

3. The primary caregiver shall ensure that the needs of each child in the group are

met, including:

i. Feeding the child and following each infant’s individual feeding schedule, as

specified in N.J.A.C. 3A:52-6.3(b);

ii. Diapering the child, if applicable, as specified in N.J.A.C. 3A:52-7.8(d);

iii. Assisting the child in toilet training, if applicable, in keeping with the center’s

toilet training policy, as specified in N.J.A.C. 3A:52-7.7(e)3; and

iv. Recording any unusual incidents involving the child and ensuring that the

child’s parents are informed of them, as specified in N.J.A.C. 3A:52-4.9(b).

4. If more than 12 infants or 20 toddlers occupy an individual room or a specific area

within a large room, areas for up to 12 infants or 20 toddlers shall be defined by visible

barriers, partitions, or any other room dividers or separations having a height above the eye

level of the children who use those areas.

(b) For early childhood programs, the following shall apply for children 2 ½ years of age

and older:

1. A group shall consist of the number of children:

i. Occupying an individual room or occupying a specific area within a large

room. The area shall be defined by a visible barrier, partition, or any other room divider or

separation having a height above the eye level of the children who use that area; or

ii. Engaged together in a particular activity at any given time, regardless of

whether the room or area within a large room is divided or partitioned.

2. Each group shall be limited to a maximum of 20 children except during meals,

naptime, outdoor activities, specially-scheduled events (for example, parties, community

speakers, films, etc.), and daily information sharing sessions (for example, “circle time”),

which shall not exceed 15 minutes in duration.

1. A group shall consist of the number of children:

i. Occupying an individual room or occupying a specific area within a large

room. The area shall be defined by a visible barrier, partition, or any other room divider or

separation having a height above the eye level of the children who use that area; or

ii. Engaged together in a particular activity at any given time, regardless of

whether the room or area within a large room is divided or partitioned.

2. Each group shall be limited to a maximum of 30 children except during meals,

outdoor activities, and specially-scheduled events.

3A:52-4.5 Staff responsibilities

(a) The sponsor or sponsor representative shall:

1. Be responsible for hiring or appointing a director;

2. Ensure that the center complies with all applicable provisions of this chapter; and

3. Designate individuals with the authority and responsibility to:

i. Develop and implement written policies and procedures for the operation of the

center, including:

(1) A table of organization that illustrates lines of authority, responsibility

and communication; and

(2) Job descriptions, titles and qualifications for all center staff;

ii. Ensure the supervision of all staff members;

iii. Ensure that all staff members complete staff orientation and development, as

specified in N.J.A.C. 3A:52-4.7 and 4.8;

iv. Ensure the establishment of administrative, staff and children's records; and

v. Ensure the establishment of a staff member substitute system.

(b) The director shall have the authority and responsibility for:

1. The observation of all groups of children, including:

i. Daily unannounced visits by the director, on a random daily time schedule, to

each group of children; and

ii. For centers with an audio or visual monitoring system, as specified in N.J.A.C.

3A:52-5.6(c)1i, observation of such a system, on a random daily time schedule, by the

director;

2. The implementation of policies and procedures for the day-to-day operation of the

center, including:

i. Maintenance of staff attendance records indicating daily hours worked; and

ii. Maintenance of children's daily attendance records, including the daily time of

arrival and departure; and

3. The orientation of staff members to the day-to-day operation of the center,

including physical layout and daily policies and procedures.

designate a responsible person to assume and carry out all responsibilities of the director, as

specified in (b) above.

1. The director shall be scheduled to work at the center at least 50 percent of the

center’s daily operating hours.

2. The director or his or her designee(s) shall be on the premises at all times when the

center is operating and the following shall apply:

i. The designee shall not have full-time classroom responsibilities during the times

when the director is not present at the center.

ii. The designee shall complete staff development in understanding licensing rules

as provided by the Office.

iii. The designee shall complete 20 hours of continuing staff development each

year.

(d) When the director or any head teacher or required group teacher or required program

supervisor is away from the center for six or more weeks, the sponsor, sponsor

representative, or director shall hire or designate a staff member(s) who possesses the

applicable staff qualifications for the position, as specified in N.J.A.C. 3A:52-4.6, to assume

the applicable responsibilities of the position, as specified in this section.

(e) For early childhood programs, the following shall apply:

1. The head teacher(s) shall have the authority and responsibility to:

i. Ensure the development and implementation of the center's child development

and activities program for children below six years of age; and

ii. Ensure the appropriateness of program activities according to both the age and

developmental level of the child, as specified in N.J.A.C. 3A:52-6.1(a).

2. The head teacher shall be scheduled to:

i. Work at the center for at least 75 percent of the center's daily operating hours

or at least six hours a day, whichever is less; and

ii. Plan, discuss and observe the implementation of program activities by staff

members for all groups of children.

3. A head teacher who also serves as director shall be free of full-time responsibility

for the direct supervision of a specific group of children.

4. The group teacher(s) shall be scheduled and have the authority and responsibility

to:

i. Work at the center for at least 75 percent of the center's daily operating hour

or at least six hours a day, whichever is less;

ii. Assist the head teacher in implementing the center's child development and

activities program; and

iii. Assist the head teacher in ensuring that the program activities are appropriate

to both the age and developmental level of the children served, as specified in N.J.A.C.

3A:52-6.1(a).

5. A group teacher who serves in lieu of a head teacher for a center having a capacity

of up to 30 children, as specified in N.J.A.C. 3A:52-4.2(b)1, shall fulfill the responsibilities

for head teacher, as specified in (e)1 through 3 above.

6. A group teacher who also serves as director for a center having a capacity of up to

30 children shall be free of full-time responsibility for the direct supervision of a specific

group of children.

7. For centers using a consulting head teacher, the following shall apply:

i. The consulting head teacher shall make at least two on-site visits to the center

per month, for a sufficient length of time to conduct staff development, observe the center's

program, and ensure that the provisions specified in (e)1 above are met.

ii. The consulting head teacher shall have the authority and responsibility to

observe and evaluate the group teacher, conditional head

teacher, or other staff member in charge of the center’s program during each on-site visit.

iii. The center shall maintain on file a written record of:

(1) The date, time, purpose, and nature of each visit by the consulting

head teacher; and

(2) The consulting head teacher’s observation of the program and

evaluation of the staff member in charge of the program.

8. All staff that work with children under 2 1/2 years of age shall have training

specific to this age group, which may include, but is not limited to, the New Jersey

Infant/Toddler Credential administered through Professional Impact NJ, the Infant-Toddler

Child Development Associate (CDA) Credential, or other trainings specifically related to the

care of infants and toddlers. Each employee shall initiate this training within 90 days and

complete it within one year.

(f) For school-age child care programs, the following shall apply:

1. The program supervisor shall have the authority and responsibility to:

i. Ensure the development and implementation of the center's child development

and activities program for school-age children;

ii. Ensure the appropriateness of program activities according to the age and

developmental level of the child, as specified in N.J.A.C. 3A:52-6.1(a); and

iii. Be scheduled to work for at least 75 percent of the school-age child care

program's daily operating hours. The program supervisor shall spend time at both the before-

school and after-school programs, if the center provides both programs.

3A:52-4.6 Staff qualifications

(a) The center shall maintain on file a Staff Records Checklist designated by the Office

of Licensing, as specified in N.J.A.C. 3A:52-4.1(b), indicating that the center has obtained

documentation of the applicable staff education and experience, as specified in (b) through

(d) below.

(b) The director shall meet the following qualification requirements:

1. For early childhood programs licensed to serve more than 30 children, the director

shall meet the qualification requirements specified in one of the options set forth in the chart

below for education and experience:

OPTIONS FOR MEETING THE DIRECTOR QUALIFICATIONS

Option Educational Credits and Experience Requirements

Master’s Degree in any field

related to children or

business

(N/A)

Bachelor’s Degree

One year of managerial or

supervisory experience

2. For early childhood programs licensed to serve 30 or fewer children, the director

shall meet the group teacher qualification requirements, as specified in (c)3 below.

3. For school-age child care programs, the director shall meet the program supervisor

qualification requirements, as specified in (d) below.

1. For all centers, the head teacher or consulting head teacher shall meet the

qualification requirements specified in one of the seven options set forth in the chart below

for education and experience:

OPTIONS FOR MEETING THE HEAD TEACHER QUALIFICATIONS

Option Educational Credentials AND

College Credits and

Experience

A Master's Degree in Education

Six credits and one year of

experience

Master's Degree in any field other than

Education

Nine credits and one year of

experience

C Bachelor's Degree in Education, Psychology,

Health Care, Nursing, or any other field

related to Child Growth and Development; or

Teaching Certification from Department of

Education in Elementary Education, Nursery

School, Preschool through Third Grade (P-3)

or Teacher of the Handicapped

Six credits and two years of

experience

D Bachelor's Degree in any field other than

those listed in Option C

Nine credits and three years of

experience OR Six credits and

four years of experience

E Teaching Certification from Department of

Education in a field other than those listed in

Option C

Nine credits and three years of

experience OR Six credits and

four years of experience

F Montessori education equivalent to a

Bachelor’s Degree

Two years of experience

G Head Teacher endorsement from the New Jersey Registry for Childhood

Professionals, Professional Impact New Jersey

i. The credits specified in the chart above shall be college credits in early

childhood education or child development. These credits may be part of the bachelor's or

master's degree or constitute additional credits beyond the degree(s).

ii. The years of experience specified in the chart above shall be full-time

experience in a group program for children under six years of age. This experience may

include supervised practice teaching or student teaching.

iii. The Office of Licensing may grant conditional approval for a head teacher

who has the required educational credentials but has insufficient college credits or experience

to meet all the qualifications specified in the chart in (c)1 above.

(1) For conditional approval, the center shall maintain on file

documentation of enrollment in courses leading to the required credits, or of employment

leading to the required experience, as specified in the chart above.

(2) Conditional approval shall be valid for a maximum of two years, at

which time the center shall obtain and maintain on file a transcript indicating completion of

the required credits, or documentation of completion of the required experience, as

applicable.

(3) When the head teacher has received conditional approval, the center

shall have a consulting head teacher until the head teacher has met all applicable

qualifications specified in the chart in (c)1 above.

2. For recreation-type centers sponsored by a county or municipal government

recreation department, park department, or agency, the head teacher or consulting head

teacher shall have:

i. One of the options specified in the chart in (c)1 above; or

ii. Certification as a Recreation Administrator or a Recreation Supervisor from

the New Jersey Department of Community Affairs, Board of Recreation Examiners (BRE)

and two years of recreation experience; or

iii. Certification as a Recreation Professional from the National Recreation and

Park Association (NRPA) and two years of recreation experience.

3. The group teacher shall meet the following requirements for experience and

education:

i. One year of teaching experience in a group program for children under six

years of age, which may include supervised practice teaching and/or student teaching; and

ii. One of the options set forth in the chart below for educational credentials:

OPTIONS FOR MEETING THE GROUP TEACHER

EDUCATIONAL QUALIFICATIONS

Option Educational Credentials

A Associate’s Degree in Early Childhood Education or Child

Development

B Six college credits in Early Childhood Education or Child

Development

AND

Nine college credits in Education, Psychology, Health

Care, Nursing, or any other field related to child growth or

development

C Child Development Associate (CDA) Credential

D Certified Child Care Professional (CCP) Certificate

E Group Teacher endorsement from the New Jersey Registry

for Childhood Professionals, Professional Impact New

Jersey

F New Jersey Infant/Toddler Credential administered through

Professional Impact New Jersey

4. For recreation-type centers sponsored by a county or municipal government

recreation department, park department or agency, the group teacher may substitute:

i. One year of recreation experience for the experience specified in (c)3i above;

and

ii. Certification as a Recreation Technician from the NRPA for the educational

credentials specified in (c)3ii above.

5. For conditional approval, the group teacher shall meet the qualification

requirements specified in one of the options set forth in the chart below. The center shall

obtain and maintain on file documentation that the staff member has acquired the remaining

college credits in the areas specified in Option B in (c)3ii above within the time period

specified below:

OPTIONS FOR MEETING THE GROUP TEACHER

CONDITIONAL APPROVAL QUALIFICATIONS

Option

College Credits Earned Experience Completed Remaining

Credits

Time Limit

to Obtain

Remaining

Credits

A 12 college credits in Early

Childhood Education, Child

Development, Education,

Psychology, Health care,

Nursing, or any other field

related to child growth or

development

One year of teaching

experience in a group

program for children

under six years of age

3 credits

Nine

months

B Six college credits in Early

Childhood Education or Child

Development

Three years of teaching

experience in a group

program for children

under six years of age

9 credits Two years

(d) For school-age child care programs, the following shall apply:

1. The program supervisor shall meet the qualification requirements specified in one

of the applicable options set forth in the chart below for education, training, and experience,

based on the center's licensed capacity:

REQUIREMENTS FOR PROGRAM SUPERVISOR QUALIFICATIONS

Option

Licensed

Capacity

Educational and

Credentials

AND

Training AND

Experience

A 6-15 High School Diploma

or General Education

Development (GED)

Diploma

6 hours (in child

care)

2 years

B 16-30 High School Diploma

or General Education

Development (GED)

Diploma

6 hours (in child

care)

3 years

Certificate as a

Recreation Technician

from the National

Recreation and Park

Association (NRPA)

6 hours (in child

care)

1 year

Child Development

Associate (CDA)

Certificate; Group

Teacher Approval; or

15 college credits in

child development,

education, recreation,

psychology, health

care, nursing or any

other field related to

child growth and

development

6 hours (in child

care)

1 year

15 college credits in

areas not related to

children

6 hours (in child

care)

2 years

C 31 or

High School Diploma

or General Education

Development (GED)

Diploma

6 hours (in child

care) AND 3

hours (in child

program

management)

Certificate as a

Recreation Technician

from the National

Recreation and Park

Association (NRPA)

6 hours (in child

care) AND 3

hours (in child

program

management)

2 years

Child Development

Associate (CDA)

Certificate; Group

Teacher Approval; or

15 college credits in

child development,

education, recreation,

psychology, health

care, nursing or any

other field related to

child growth and

development

6 hours (in child

care) AND 3

hours (in child

program

management)

2 years

15 college credits in

areas not related to

children

6 hours (in child

care) AND 3

hours (in child

program

management)

3 years

Associate's Degree in

any field

6 hours (in child

care) AND 3

hours (in child

program

management)

2 years

Bachelor's Degree in a

child related field; or

Office of Licensing

Head Teacher

Approval

3 hours (in child

program

management)

1 year

Certificate as a

Recreation

Administrator,

Recreation Supervisor

or Recreation

Professional

3 hours (in child

program

management)

1 year

Bachelor's Degree in

an unrelated field

6 hours (in child

care) AND 3

hours (in child

program

management)

1 year

D School Age Program Supervisor endorsement from the New Jersey

Registry for Childhood Professionals, Professional Impact New Jersey

2. The training specified in the chart above shall:

i. Be clock hours of training;

ii. Be completed within the nine months following Office of Licensing approval

as program supervisor;

iii. Be in areas related to the ages of the children in care; and

iv. Meet the requirements specified in (d)3 and 4 below.

3. Child care training shall include all of the following:

i. Child growth and development;

ii. Positive guidance and discipline;

iii. Nutrition and good eating habits;

iv. Family involvement and communication with families;

v. Program planning and development;

vi. Creating a classroom environment;

vii. Health and safety procedures, including recognition of illness and disease and

training in basic infection control techniques;

viii. Physical education or recreational activities for children; and

ix. Understanding New Jersey’s child care licensing regulations.

4. Program management training shall include all of the following:

i. Program activity planning and development;

ii. Family involvement and communication with families;

iii. Availability of community services;

iv. Personnel responsibilities and procedures; and

v. Understanding New Jersey’s child care licensing regulations.

5. The experience specified in the chart above shall be obtained in a group program

for school-age children.

3A:52-4.7 Staff orientation and development

(a) The center shall meet the following requirements for orientation training:

1. The center shall ensure that all newly-hired staff receives orientation training

within two weeks of hire and that no individual is left alone to supervise a child or group of

children until orientation training is completed.

2. The center shall ensure that all current staff members are retrained in the training

topics listed in N.J.A.C.3A:52-4.8(a) each year.

3. The center shall secure and maintain on file each staff member’s signature attesting

to the review of the orientation training upon hire and annually.

3A:52-4.8 Orientation training

(a) Topics of orientation training shall include all of the following:

1. Supervising and tracking all children, as specified in N.J.A.C. 3A:52-4.3(a);

2. Understanding center operations, policies and procedures, as specified in N.J.A.C.

3A:52-4.5(b)3;

3. Implementing group size limits and primary caregiver responsibilities, as

applicable, as specified in N.J.A.C. 3A:52-4.4;

4. Recognizing and reporting child abuse or neglect, as specified in N.J.A.C.

3A:52-4.9;

5. Evacuating the center and using the fire alarms, as specified in N.J.A.C.

3A:52-5.3(l);

6. Implementing the center’s release policy, as specified in N.J.A.C. 3A:52-6.5;

7. Implementing the center's statement of policy on the disciplining of children, as

specified in N.J.A.C. 3A:52-6.6;

8. Implementing health practices, including medication administration and responding

to symptoms of illness, as specified in N.J.A.C. 3A:52-7.1 through 7.11;

9. Implementing safe sleep practices to prevent Sudden Infant Death Syndrome;

10. Preventing Shaken Baby Syndrome and Abusive Head Trauma;

11. Recognizing and responding to injuries and emergencies, including the prevention

of and response to emergencies due to food-related allergies and other allergic reactions; and

12. Including children with special needs in the center’s program.

(b) Orientation training as specified in (a) above may be included for six of the required

hours of staff development specified in (c) and (d) below.

hours of continuing staff development each year.

(d) In lieu of the child care staff development specified in (b) above, the director, head

teacher(s), group teacher(s), and program supervisor(s) shall each complete 20 hours of staff

development each year. Recommended topics of training for these staff include:

1. Educational and physical activity

2. Special needs programming and program development;

3. Social-emotional and behavioral development for young children;

4. Legal issues, including ADA guidelines; and

5. Leadership and advocacy.

(e) Directors shall complete staff development in understanding licensing regulations as

provided by the Office of Licensing within 90 days of hire. Such staff development may be

included in the required 20 hours of staff development specified in (d) above.

(f) The staff development specified in (a) through (d) above shall:

1. Be clock hours of staff development;

2. Be related to the ages of the children served by each staff member;

3. Be provided either by the center or by another source such as a college or

university, community or professional organization, professional consultant, State agency, or

an instructor approved by the Instructor Approval System of Professional Impact of New

Jersey; and

4. Be presented by persons with relevant expertise. The staff development may

include materials approved by the center, such as printed materials, television broadcasts,

audio-visual materials, or websites.

(g) The center shall maintain on file documentation of the date, time, topic, presenter,

and attendance for all staff development and orientation completed by center staff members.

1. For staff development provided by the center, the center shall maintain on file

documentation or a copy of all staff development materials used.

2. For staff development provided by another source, the center shall maintain on file

documentation of the name of the person or organization that provided the staff development.

3. The center shall record each staff member’s completion of staff development and

orientation on the Staff Records Checklist, as specified in N.J.A.C. 3A:52-4.1(b).

3A:52-4.9 Special requirements to prevent child abuse and neglect

(a) The sponsor, sponsor representative, director, or any staff member shall verbally

notify the State Central Registry Hotline (1-877 NJ ABUSE/1-877-652-2873) immediately

whenever there is reasonable cause to believe that a child has been subjected to abuse or

neglect by a staff member, or any other adult, pursuant to N.J.S.A. 9:6-8.9, 8.10, 8.13 and

8.14.

(b) In addition to the reporting requirements specified in (a) above, the sponsor, sponsor

representative, director, or any staff member shall advise the parent(s) of the occurrence of

any unusual incident(s) that occurred at the center and that might indicate possible abuse 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.

neglect, may determine that corrective action is necessary to protect the children whenever:

1. The sponsor, sponsor representative, director, or staff member has been found by

the Department's Institutional Abuse Investigation Unit (IAIU) to pose a risk of harm to

children;

2. The sponsor, sponsor representative, director, or staff member has committed an

act of child abuse or neglect, as substantiated by the IAIU; or

3. The sponsor, sponsor representative, director, or staff member has been convicted

of such acts.

(d) Whenever the Department makes a determination that corrective action is necessary

to protect the children, the sponsor or sponsor representative shall carry out the Department's

recommendation for corrective action. Such corrective action may include, but not be limited

to:

1. Removal or suspension of the affected sponsor, sponsor representative, 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, sponsor representative, 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.

(e) Such suspension, removal, or reassignment, as specified in (d)1 and 2 above, shall

remain in effect until the results of the Department's investigation have been determined and

a final decision in the matter has been rendered by the Office of Licensing.

(f) If an allegation of child abuse or neglect is substantiated against a staff member, the

sponsor or sponsor representative shall immediately terminate the staff member’s

employment at the center. If an allegation of child abuse or neglect is substantiated against

the sponsor or sponsor representative, the Department shall revoke or refuse to renew the

license or Certificate of Life/Safety Approval, as applicable.

3A:52-4.10 Child Abuse Record Information background check procedures

(a) As a condition of securing a new or renewal license or Certificate of Life/Safety

Approval, the sponsor or sponsor representative shall provide for himself or herself, and shall

obtain from all staff members who are or will be working at the center on a regularly

scheduled basis, written consent for the Department to conduct a Child Abuse Record

Information (CARI) background check to determine whether an incident of child abuse or

neglect has been substantiated against any such person.

1. The sponsor or sponsor representative, and each staff member shall complete a

signed consent form provided by the Department that indicates the identifying information

necessary to conduct a CARI background check, including the person’s name, address, date

of birth, sex, race, and Social Security number. Pursuant to the Federal Privacy Act of 1974

(P.L. 93-579), the Department shall advise each such person that the disclosure of his or her

Social Security number is voluntary, and that the Social Security number will only be used

for the purpose of conducting a CARI background check.

2. If a staff member refuses to consent to a CARI background check, the sponsor or

sponsor representative shall immediately terminate the staff member’s employment at the

center.

3. If the sponsor or sponsor representative refuses to consent to a CARI background

check, the Department shall deny the application or suspend, revoke, or refuse to renew the

license or Certificate of Life/Safety Approval, as applicable. The sponsor or sponsor

representative may appeal the denial, suspension, revocation, or refusal to renew to the

Department, as specified in N.J.A.C. 3A:52-2.5.

4. When a person who is not required to complete a CARI background check is

working with children at the center, the center shall ensure oversight of that person by

another staff member and ensure that person is not left alone to supervise a child or group of

children.

(b) When the center applies for a new or renewal license or Certificate of Life/Safety

Approval, the sponsor or sponsor representative shall submit to the Department the

completed CARI consent forms for all staff members who are or will be working at the

center on a regularly scheduled basis.

1. Within two weeks after a new staff member begins working at the center, the

sponsor or sponsor representative shall submit to the Department a completed CARI consent

form for the new staff member.

2. Until the results of the CARI background check for a new staff member have been

received from the Department, the center shall ensure oversight of the new staff member by

another staff member, and ensure that person is not left alone to supervise a child or group of

children.

Department, the sponsor or sponsor representative shall enclose payment of $10.00 for each

CARI background check, in the form of a check or money order from the center made

payable to “Treasurer, State of New Jersey.” The center may use its own discretion in

offering to pay or reimburse the staff member for the cost of the CARI background check.

(d) Upon receipt of the completed CARI consent forms and payment from the center, the

Department shall conduct a search of its records for substantiated incidents of child abuse or

neglect. The Department will consider incidents of child abuse or neglect that were

substantiated on or after June 29, 1995, to ensure that the perpetrator has had an opportunity

to appeal a substantiated finding of child abuse or neglect; except that the Department may

consider substantiated incidents prior to that date if the Department, in its judgment,

determines that the perpetrator poses a risk of harm to children in a child care center.

(e) Within 45 working days of receipt of the completed CARI consent forms and

payment from the center, the Department shall inform the sponsor or sponsor representative

in writing as to whether a substantiated incident of child abuse or neglect by the sponsor,

sponsor representative, or a staff member has been found. If such an incident has been found,

the Department shall inform the sponsor or sponsor representative in writing of the name of

the perpetrator.

(f) If the CARI background check does not reveal any substantiated incident of child

abuse or neglect by the sponsor, sponsor representative, or a staff member, the Department

may issue or renew the regular license or Certificate of Life/Safety Approval, provided that

all other applicable requirements of this chapter have been met.

(g) If the CARI background check reveals that an incident of child abuse or neglect has

been substantiated against a staff member, the sponsor, or sponsor representative shall

immediately terminate the staff member’s employment at the center.

1. The sponsor or sponsor representative shall notify the staff member in writing that

the termination of employment is based on a substantiated incident of child abuse or neglect.

2. If the incident was substantiated prior to June 29, 1995, the sponsor or sponsor

representative shall notify the staff member in writing that the staff member may appeal the

termination of employment to the Department.

(h) In keeping with the confidentiality provisions of N.J.S.A. 9:6-8.10a, the sponsor,

sponsor representative, and all staff members shall keep all completed CARI consent forms

and related correspondence confidential.

1. The center shall maintain the results of the CARI background checks and related

correspondence on file in a confidential manner.

2. When a substantiated incident of child abuse or neglect by the sponsor, sponsor

representative, or a staff member has been found by the Department, the sponsor, sponsor

representative, and the staff member shall not disclose to any other person the identity of the

perpetrator or any other information concerning the incident.

3A:52-4.11 Criminal History Record Information background check procedures

(a) As a condition of securing a license or Certificate of Life/Safety Approval, the

sponsor or sponsor representative shall ensure that a Criminal History Record Information

(CHRI) fingerprint background check is completed for himself or herself, and for all staff

members at least 18 years of age who are or will be working at the center on a regularly-

scheduled basis, to determine whether any such person has been convicted of a crime, as

specified in P.L. 2000, c. 77 (N.J.S.A. 30:5B-6.10 to 6.17).

1. The sponsor or sponsor representative and each staff member shall complete the

electronic fingerprinting process through the vendor authorized by the State to conduct CHRI

background checks through the Division of State Police in the Department of Law and Public

Safety and the Federal Bureau of Investigation.

2. The sponsor or sponsor representative and each staff member shall provide the

identifying information and documentation to the State-authorized vendor as necessary to

conduct a CHRI background check, including the individual’s name, address, date of birth,

place of birth, citizenship, sex, race, height, weight, hair color, eye color, Social Security

number, and the center’s license number.

3. If a staff member refuses to consent to a CHRI background check, the sponsor or

sponsor representative shall immediately terminate the staff member’s employment at the

center.

4. If the sponsor or sponsor representative refuses to consent to a CHRI background

check, the Department shall deny the application or suspend, revoke, or refuse to renew the

license or Certificate of Life/Safety Approval, as applicable. The sponsor or sponsor

representative may appeal the denial, suspension, revocation, or refusal to renew to the

Department, as specified in N.J.A.C. 3A:52-2.5.

5. When a person who is not required to complete a CHRI background check is

working with children at the center, the center shall ensure oversight of that person by

another staff member and ensure that the person is not left alone to supervise a child or group

of children.

(b) When the center applies for a new license or Certificate of Life/Safety Approval, the

sponsor or sponsor representative shall ensure that each staff member at least 18 years of age

who is or will be working at the center on a regularly scheduled basis completes the CHRI

fingerprinting process specified in (a) above.

1. Within two weeks after a new staff member begins working at the center, the

sponsor or sponsor representative shall ensure that the new staff member completes the

CHRI fingerprinting process specified in (a) above.

2. Until the center receives the results of the CHRI background check for a new staff

member from the Department of Human Services, the center shall ensure oversight of that

person by another staff member and ensure that the person is not alone to supervise a child or

group of children.

sponsorship of, a child care center if the CHRI background check for the individual reveals a

record of conviction for any of the following crimes and offenses:

1. In New Jersey, any crime or disorderly persons offense as follows:

i. A crime against a child, including endangering the welfare of a child and child

pornography, pursuant to N.J.S.A. 2C:24-4, and child molestation, as set forth in N.J.S.A.

2C:14-1 et seq.;

ii. Abuse, abandonment or neglect of a child, pursuant to N.J.S.A. 9:6-3;

iii. Endangering the welfare of an incompetent person, pursuant to N.J.S.A.

2C:24-7;

iv. Sexual assault, criminal sexual contact or lewdness, pursuant to N.J.S.A.

2C:14-2 through 14-4;

v. Murder, pursuant to N.J.S.A. 2C:11-3, or manslaughter, pursuant to N.J.S.A.

2C:11-4;

vi. Stalking, pursuant to P.L. 1992, c. 209 (N.J.S.A. 2C:12-10);

vii. Kidnapping and related offenses including criminal restraint, false

imprisonment, interference with custody, criminal coercion, or enticing a child into a motor

vehicle, structure or isolated area, pursuant to N.J.S.A. 2C:13-1 through 13-6;

viii. Arson, pursuant to N.J.S.A. 2C:17-1, or causing or risking widespread

injury or damage which would constitute a crime of the second degree, pursuant to N.J.S.A.

2C:17-2;

ix. Terroristic threats, pursuant to N.J.S.A. 2C:12-3; or

x. An attempt or conspiracy to commit any of the crimes or offenses listed in

2. In any other state or jurisdiction, any conduct which, if committed in New

Jersey, would constitute any of the crimes or offenses described in (c)1 above.

(d) Upon receipt of the results of the CHRI background check from the Division of State

Police and the Federal Bureau of Investigation, the Department shall inform the sponsor or

sponsor representative and the staff member in writing as to whether any record of conviction

by the sponsor, sponsor representative, or staff member has been found.

(e) If the CHRI background check does not reveal any record of conviction by the

sponsor, sponsor representative, or a staff member, the Department may issue or renew the

regular license or Certificate of Life/Safety Approval, provided that all other applicable

requirements of this chapter have been met.

(f) If the CHRI background check reveals a record of conviction by the sponsor, sponsor

representative, or a staff member, the Department shall inform the convicted individual of the

opportunity to challenge the accuracy of the CHRI.

(g) If the CHRI background check reveals a record of conviction by a staff member for a

crime or offense specified in (c) above, the sponsor or sponsor representative shall

immediately terminate the staff member’s employment at the center.

(h) If the CHRI background check reveals a record of conviction by the sponsor or

sponsor representative for a crime or offense specified in (c) above, the Department shall

deny the application or revoke or refuse to renew the license or Certificate of Life/Safety

Approval, as applicable.

(i) If the CHRI background check reveals a record of conviction by the sponsor, sponsor

representative, or a staff member for a crime or offense other than those specified in (c)

above, the sponsor, sponsor representative, or staff member may be eligible for employment

at, or ownership, or sponsorship of, a child care center if the Department determines that the

person has affirmatively demonstrated to the Department clear and convincing evidence of

rehabilitation.

1. In determining whether a person has affirmatively demonstrated rehabilitation, the

Department shall consider the following factors:

i. The nature and responsibility of the position at the child care center which

the convicted person would hold, has held or currently holds, as the case may be;

ii. The nature and seriousness of the offense;

iii. The circumstances under which the offense occurred;

iv. The date of the offense;

v. The age of the person when the offense was committed;

vi. Whether the offense was an isolated or repeated incident;

vii. Any social conditions that may have contributed to the offense; and

viii. Any evidence of rehabilitation, including good conduct in prison or in the

community, counseling or psychiatric treatment received, acquisition of additional academic

or vocational schooling, successful participation in correctional work-release programs, or

the recommendation of those individuals who have had the person under their supervision.

2. The Department shall make the final determination regarding the employment of a

sponsor, sponsor representative, or staff member with a criminal conviction.

(j) If the sponsor or sponsor representative has knowledge that criminal charges are

pending against a staff member, the sponsor or sponsor representative shall promptly notify

the Office of Licensing to determine whether any action concerning the staff member is

necessary in order to ensure the safety of the children who attend the center.

(k) A center that has received an employment application from an individual or currently

employs a staff member shall be immune from liability for acting upon or disclosing

information about the staff member’s disqualification or termination to another center

seeking to employ that person, if the center has:

1. Received notice from the Department that the applicant or staff member, as

applicable, has been determined by the Department to be disqualified from employment in a

child care center pursuant to section 5 or 6 of P.L. 2000, c. 77 (N.J.S.A. 30:5B-6.14 or 6.15);

2. Terminated the employment of a staff member because the person was disqualified

from employment at the center on the basis of a conviction for a crime or offense pursuant to

section 5 or 6 of P.L.2000, c. 77 (N.J.S.A. 30:5B-6.14 or 6.15) after commencing

employment at the center.

(l) A center which acts upon or discloses information pursuant to (k) above shall be

presumed to be acting in good faith unless it is shown by clear and convincing evidence that

the center acted with actual malice toward the person who is the subject of the information.

SUBCHAPTER 5. PHYSICAL FACILITY REQUIREMENTS

3A:52-5.1 Applicability of requirements to programs operating in public school

buildings

A child care center operated in a public school building concurrently used as a public

school shall not be required to meet the requirements of this subchapter, other than N.J.A.C.

3A:52-5.3(i)5, unless otherwise required by law.

3A:52-5.2 State, county and municipal government physical facility requirements

(a) A person seeking a license or a Certificate of Life/Safety Approval to operate a center

shall comply with all applicable provisions of the New Jersey Uniform Construction Code, as

specified in N.J.A.C. 5:23 (hereinafter referred to as the “NJUCC”).

1. For newly-constructed buildings, for existing buildings whose construction code

group classification would change from that which it had been, or for existing buildings that

require major alteration or renovation, the center shall obtain a Certificate of Occupancy

(CO) issued by the municipality in which it is located, reflecting the center's compliance with

the provisions of the NJUCC, and submit a copy of the CO to the Office of Licensing, for

one of the following group classifications:

i. E (Educational) for buildings accommodating children 2 ½ years of age and

older and having a total occupancy of six or more children;

ii. I-4 (Institutional) for buildings accommodating one or more children less than

2 ½ years of age; or

iii. A-3 (Assembly) or one of the group classifications specified in (a)1i or ii

above for buildings accommodating school-age child care programs only.

2. Plan reviews for centers to be located in newly-constructed buildings shall be

submitted as follows:

i. In addition to submitting preliminary and final architectural drawings to the

local construction official, a sponsor or sponsor representative that plans to construct a new

or renovate an existing building for use as a center shall submit preliminary or final

architectural drawings to the Office of Licensing for review and approval prior to beginning

construction.

ii. The sponsor or sponsor representative shall submit to the Office of Licensing

revised final architectural drawings containing all Office of Licensing-required items listed in

the plan review, if any, and secure final approval from the Office of Licensing prior to

beginning construction.

3. For buildings constructed after the adoption of the NJUCC (1977), whose

construction code group classification is already E, I-2, I-4, A-3, or A-4, and that have not

had major alterations or renovations since receipt of the CO, the center shall obtain the CO

issued by the municipality in which it is located at the time the building was originally

constructed or approved for use in the NJUCC's E, I-2, I-4, A-3, or A-4 group classification.

The center shall submit a copy of the building's CO to the Office of Licensing.

4. For existing buildings whose use prior to the adoption of the NJUCC (before

1977) was and continues to be for a center and that have not had major alterations or

renovations, the center shall obtain a Certificate of Continued Occupancy (CCO) issued by

the municipality in which it is located, reflecting the building's compliance with provisions of

the municipality's construction code requirements that were in effect at the time it was

originally constructed or converted for use as a center. The center shall submit a copy of the

building's CCO and the center’s current fire safety inspection certificate to the Office of

Licensing.

5. The center shall be permitted to obtain a valid fire safety inspection certificate

issued by the municipality in which it is located, based on a fire inspection conducted within

the preceding 12 months, and submit a copy of the certificate to the Office of Licensing in

lieu of a CO or CCO, if the center serves only children 2 ½ years of age or older and is

located in a public school building that is used as a public school.

6. The center shall obtain a new CO issued by the local municipality in which the

center is located, and submit a copy to the Office of Licensing, reflecting the building's

compliance with provisions of the applicable NJUCC group classification, whenever the

center:

i. Changes the building's group classification to one other than the one

prescribed on its original CO;

ii. Makes a major alteration or renovation, as defined by the NJUCC, of the

building or premises in which the center is located;

iii. Increases the floor area or the number of stories to the building or premises in

which the center is located; or

iv. Relocates to another site.

7. Whenever a municipality grants to a center a written variation(s) from any of the

requirements of the NJUCC, the Office of Licensing may accept such variation(s) as meeting

the applicable requirement(s) of this chapter.

i. If the Office of Licensing does not accept the variation, the non-acceptance

shall be based on the best interests of the children in the center, and shall include

consideration for their health and safety. The non-acceptance shall be based on the

requirements of this chapter only, and shall not preclude the municipality from continuing to

grant the variation.

ii. If the center disagrees with the Office of Licensing, the center may seek a

hearing in accordance with N.J.A.C. 3A:52-2.5(a) and the provisions of the Administrative

Procedure Act, N.J.S.A. 52:14B-1, as implemented by the Uniform Administrative Procedure

Rules, N.J.A.C. 1:1.

8. The center shall obtain a Life Hazard Use Registration certificate applicable to the

center’s licensed capacity and ages served pursuant to the Uniform Fire Safety Act, N.J.S.A.

52:27D-192 et seq. The center shall post this document in a prominent location within the

center.

(b) An applicant seeking a license or a Certificate of Life/Safety Approval to operate a

center shall comply with all applicable provisions of the New Jersey Uniform Fire Code, as

specified in N.J.A.C. 5:70 and hereinafter referred to as the NJUFC. The center shall obtain

the building's fire safety inspection certificate issued by the municipality in which it is

located, based on a fire inspection conducted within the preceding 12 months, reflecting the

center's compliance with all applicable provisions of the NJUFC. The center shall maintain

on file the building's fire safety inspection certificate.

Certificate, as specified in N.J.A.C. 8:24, indicating that the kitchen is in compliance with the

applicable requirements of the State Sanitary Code. The center shall maintain on file the

Sanitary Inspection Certificate.

(d) An applicant seeking the renewal of a license or of a Certificate of Life/Safety

Approval to continue operating a center shall obtain and maintain on file a fire safety

inspection certificate for the building based on a fire inspection conducted within the

preceding 12 months. If the center prepares meals, the applicant seeking renewal shall obtain

and maintain on file a satisfactory Sanitary Inspection Certificate, as specified in N.J.A.C.

8:24, indicating that the kitchen is in compliance with the applicable requirements of the

State Sanitary Code, based on a sanitary inspection conducted within the preceding 12

months.

(e) A center that plans to locate or is already located in a hospital or other health care

facility, as defined in the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq., shall

obtain a letter from the Department of Health indicating that Department's approval. The

center shall submit a copy of the approval letter to the Office of Licensing.

3A:52-5.3. Physical plant requirements for all centers

(a) Indoor maintenance and sanitation requirements are as follows:

1. The center shall be free of moisture resulting from water leaks or seepage.

2. Floors, carpeting, walls, window coverings, ceilings, and other surfaces shall be

kept clean and in good repair.

3. Stairways shall be free of tripping hazards, such as toys, boxes, loose steps,

uneven treads, torn carpeting, raised strips, or uneven risers.

4. Carpeting shall be securely fastened to the floor.

5. Garbage receptacles shall be:

i. Made of durable, leak-proof and nonabsorbent materials;

ii. Covered in a secure manner;

iii. Emptied to the outdoor garbage receptacle when filled; and

iv. Maintained in a sanitary manner.

6. Food waste receptacles shall be lined and maintained in clean and sanitary

condition.

7. The center shall be free of rodent or insect infestation and shall take immediate

action to remove any infestation that may occur. The center shall maintain on file a record

documenting the use of extermination services.

8. Pesticides for indoor and outdoor use shall be used in accordance with the

manufacturer's directions and in keeping with the applicable provisions specified in N.J.A.C.

7:30-10, Pesticide Control Code.

i. No pesticides shall be applied in or around a child care center during

operating hours.

ii. Before applying pesticides, all toys and non-permanent play equipment shall

be removed from outdoor and indoor play areas.

9. Toilets, wash basins, kitchen sinks, and other plumbing shall be maintained in

good operating and sanitary condition.

10. All corrosive agents, insecticides, bleaches, detergents, polishes, any products

under pressure in an aerosol spray can, and any toxic substance shall be stored in a locked

cabinet or in an enclosure located in an area not accessible to the children.

11. All windows and other glass surfaces that are not made of safety glass and that

are located within 36 inches above the floor shall have protective guards.

12. Install window guards, with approval of the local fire official, or provide an

alternative method to ensure that children cannot fall out of windows.

13. The center shall ensure that window blind cords and other cords and ropes that

present risk of harm are inaccessible to children.

14. All balconies, rooftops, verandas, and all floor levels used by children that are

above the first floor and subject the children to an open drop or atrium shall be protected by

barriers consisting of safety glass, Plexiglas, or any other materials approved by the Office of

Licensing. Such barriers shall extend at least five feet above the floor level.

15. Ventilation outlets shall be clean and free from obstructions, and filters shall be

replaced when saturated.

16. Walls shall be painted or otherwise covered whenever there is evidence of:

i. Excessive peeling or chipped paint; or

ii. Heavily soiled conditions.

17. All televisions and computers shall be secured on a stable surface and shelving

shall be secured and not be overloaded.

18. Ensure that microwave ovens, toaster ovens, and other portable devices used to

heat or prepare food are out of children's reach, secured on a stable surface, and not in use

when children are in the area in order to ensure the safety of children.

19. The center shall test for the presence of radon gas in each classroom on the

lowest floor level used by children at least once every five years and shall post the test results

in a prominent location in all buildings at the center, as specified in N.J.S.A. 30:5B-5.2.

20. The center shall comply with the provisions specified in P.L. 1999, c. 362

(N.J.S.A. 30:5B-5.5) requiring reports of drinking water tests to be posted in all buildings at

the center when received from a water supply company or prepared by the center, for private

wells and other non-public water sources.

21. The center shall ensure all guardrails accessible to children are no more than four

inches apart or are otherwise protected to prevent head entrapment.

(b) Outdoor maintenance and sanitation requirements are as follows:

1. The building, land, walkways, and outdoor play area shall be free from hazards to

the health, safety or well-being of the children.

2. The outdoor play area shall be graded or provided with drains to dispose of surface

water.

3. The building structure shall be maintained to prevent:

i. Water from entering;

ii. Excessive drafts or heat loss; and

iii. Infestation from rodents and insects.

4. The railings of balconies, landings, porches, or steps shall be maintained in safe

condition.

5. Garbage receptacles shall be:

i. Made of durable, leak-proof and nonabsorbent materials;

ii. Covered in a secure manner and located in an outdoor area; and

iii. Maintained in a sanitary manner.

6. Centers that provide outdoor space shall maintain all fencing in proper condition.

7. The center shall comply with the Playground Safety Subcode of the New Jersey

Uniform Construction Code, as specified in N.J.A.C. 5:23-11.

i. Centers that take children to a community playground shall ensure that the

playground surfacing and all other elements comply with the Playground Safety Subcode

before being used by the children.

1. All fluorescent tubes and incandescent light bulbs shall have protective covers or

shields.

2. During program activities, at least 20 foot-candles of natural or artificial light shall

be provided in all rooms used by the children. This illumination shall be measured three feet

above the floor at the farthest point from the light source.

3. Parking areas, pedestrian walkways, or other exterior portions of the premises

subject to use by center occupants at night shall be illuminated to provide safe entrance to

and egress from the center.

(d) Heating requirements are as follows:

1. A minimum temperature of 68 degrees Fahrenheit shall be maintained in all areas

used by children, including, but not limited to, classrooms and bathrooms.

2. Steam and hot water pipes and radiators shall be protected by screens, guards,

insulation, or any other suitable, non-combustible protective device.

3. The center shall not use portable liquid fuel-burning or wood-burning heating

appliances or electric space heaters.

(e) All fans that are accessible to the children shall have a grille, screen, mesh, or other

protective covering.

(f) Toilet facility requirements are as follows:

1. A supply of soap, toilet paper, and individual hand towels or disposable paper

towels shall be provided.

2. Mirrors, dispensers, and other equipment shall be fastened securely.

3. Platforms shall be available as appropriate for use by the children when adult size

toilets, sinks, or urinals are used by the children.

(g) A center utilizing a kitchen facility or food preparation area shall ensure that the

cooking equipment and kitchen facility are kept in clean and sanitary condition and are

operated in compliance with applicable provisions of the State Sanitary Code, as specified in

N.J.A.C. 8:24.

(h) Lead paint precautions are as follows:

1. The center shall be free from lead paint hazards.

2. The center shall comply with the lead paint inspection requirements specified in

(h)3 below, unless the center:

i. Is located in a building constructed after 1978;

ii. Submits documentation to the Office of Licensing of a previous lead paint

inspection conducted by a Lead Inspector/Risk Assessor, who is certified and employed

as specified in (h)3 below, indicating the center is free of lead-based paint hazards; or

iii. Submits documentation to the Office of Licensing and the local department

of health of:

(1) A lead paint inspection and risk assessment conducted by a Lead

Inspector/Risk Assessor, who is certified and employed as specified in (h)3 below, within

the previous 12 months indicating the presence of lead; and

(2) A lead paint risk management plan currently in progress at the center.

3. The center shall ensure that a lead paint inspection of all painted surfaces of the

center is conducted by a Lead Inspector/Risk Assessor, who is certified by the New Jersey

Department of Community Affairs (DCA) and employed by either a public health agency or

a lead evaluation contractor certified by DCA, as specified in N.J.A.C. 5:17.

i. If the lead paint inspection indicates the center is free of lead-based paint

hazards, the center shall submit documentation of the inspection results to the Office of

Licensing and the local department of health.

ii. If the lead paint inspection indicates the presence of lead, the center shall

ensure that a lead paint risk assessment of the center is conducted by a Lead Inspector/Risk

Assessor, who is certified and employed as specified in (h)3 above.

iii. The center shall submit documentation of the risk assessment results to the

Office of Licensing and the local department of health.

4. If a lead paint risk assessment indicates the presence of a lead hazard, the center

shall:

i. Ensure that all lead hazards are remediated pursuant to N.J.A.C. 5:17 and 5:23

by a Lead Abatement Contractor who is certified and employed as specified in (h)3 above;

ii. Submit to the Office of Licensing and the local department of health a

certificate of lead abatement issued by the local construction official, or other documentation

as appropriate, reflecting that appropriate remedial action to remediate the lead hazard has

been completed; and

iii. Inform the parents of all enrolled children that a lead paint hazard has been

found at the center and will be or has been remediated, as applicable.

5. If any area of the center is renovated or damaged after a lead paint risk assessment

has been conducted, the center shall:

i. Ensure that an additional risk assessment is conducted by a Lead Inspector/Risk

Assessor who is certified and employed as specified in (h)3 above; and

ii. Submit the results of the additional risk assessment to the Office of Licensing

and the local department of health.

6. The center shall follow the recommendations of the local department of health for

enclosure, removal or other appropriate action to abate lead hazards, and shall permit the

local department of health to conduct follow-up inspections to ensure compliance with State

statutes governing lead paint hazards.

7. If a previous lead paint inspection indicates the presence of lead, or a lead paint

risk management plan is in progress at the center, the center shall:

i. Ensure that a lead paint risk assessment is conducted by a Lead Inspector/Risk

Assessor who is certified and employed as specified in (h)3 above, upon renewal of the

center’s license; and

ii. Submit the results of the risk assessment to the Office of Licensing and the

local department of health.

(i) Environmental condition precautions are as follows:

1. At the time of the initial application, any renewal application, relocation of an

existing licensed center and, in the discretion of the Office of Licensing, any other time, the

applicant or facility operator shall submit a written certification to the Office of Licensing

indicating whether the building has ever housed a use that was classified under the Uniform

Construction Code, N.J.A.C. 5:23, as any of the following:

i. Group F - factory/industrial;

ii. Group H - high hazard;

iii. Group S - storage;

iv. Group B - dry cleaners or nail salons;

v. Group M - gas stations; or

vi. Group A - funeral home.

2. For those buildings that predate the Uniform Construction Code, the facility

operator shall at minimum, conduct a Preliminary Assessment in accordance with the

Department of Environmental Protection's Technical Requirements for Site Remediation

(N.J.A.C. 7:26E) to determine whether the building ever housed a use that would have been

classified as any of those uses had the Uniform Construction Code been in effect.

3. In the event that the building housed a use that was or would have been classified

as any of those uses listed in (i)1 above, the facility operator shall certify in writing to the

Office of Licensing that:

i. The site of the center complies with the Madden legislation (P.L. 2007 c. 1),

the Site Remediation Reform Act (N.J.S.A. 58:10C-1 et seq.), the Technical Requirements

for Site Remediation (N.J.A.C. 7:26E), and the Department of Environmental Protection's

Guidance Document for Environmental Guidance for All Child Care Facilities and Education

Institutions, incorporated by reference, as amended and supplemented, which can be found at

http://nj.gov/dep/srp/guidance;

ii. The facility operator has contacted the Department of Environmental

Protection (DEP) to determine what further steps, if any, are necessary to address the risks

posed by the prior historical use, and the facility operator has complied with all

recommended corrective actions;

iii. He or she has conducted an Indoor Environmental Health Assessment (IEHA)

that has been performed by a Licensed Indoor Environmental Consultant in accordance with

the Department of Health rules (N.J.A.C. 8:50); and

iv. He or she has submitted the IEHA to the Department of Health for review and

evaluation of the indoor environmental conditions in the building where the center is located.

4. Paragraphs (i)1 through 3 above shall not apply to any centers covered by N.J.A.C.

3A:52-2.3(e).

5. At the time of the initial application, any renewal application, relocation of an

existing licensed center and, in the discretion of the Office of Licensing, any other time, the

applicant or facility operator shall certify in writing that the center provides a potable water

supply provided by a public community water system.

i. If the facility is supplied by a public community water system, the applicant or

facility operator shall provide documentation of water testing conducted by a laboratory

certified by the Department of Environmental Protection for water testing for lead and copper

from all faucets and other sources used for drinking water or food preparation and at least 50

percent of all indoor water faucets utilized by the center.

ii. If the results reveal elevated levels of lead or copper as defined by the New

Jersey Department of Environmental Protection, Bureau of Safe Drinking Water, which pose

risk of harm to children, the center shall:

(1) Immediately discontinue use of all drinking water sources in the

building;

(2) Provide bottled water for drinking;

(3) Provide bottled water for food preparation with approval from the

local health official; and

(4) Notify parents of the children in attendance at the center.

iii. If the facility or site is not provided a potable water supply by a public

community water system, the applicant shall provide potable water sampling results

demonstrating compliance with maximum contaminant levels for all contaminants required

to be tested pursuant to N.J.A.C. 7:10-5 for public non-transient, non-community (NTNC)

water systems, including radiological contaminants, regardless of whether they meet the

definition of NTNC systems as defined at N.J.A.C. 7:10-1.3. This sampling shall have been

conducted within three years of the date of application submission, except nitrates and

coliform, for which the sampling shall have been conducted within 90 days of submitting the

application.

6. At the time of the initial application, any renewal application, relocation of an

existing licensed center and, in the discretion of the Office of Licensing, any other time, the

applicant or facility operator shall certify in writing that the center complies with all existing

Department of Children and Families regulatory requirements for child care centers with

respect to radon, asbestos, and lead listed in (a)19 and (h) above and (j) below.

7. At the time of the initial application, any renewal application, relocation of an

existing licensed center and, in the discretion of the Office of Licensing, any other time, the

facility operator shall submit to the Office of Licensing a No Further Action letter, Child

Care Facility Approval letter, RESPONSE Action Outcome letter, or other approval, which

indicates that no further remediation is needed for the site from the Department of

Environmental Protection, which indicates that no further remediation is needed for the site

on which the center is located.

8. At the time of the initial application, any renewal application, relocation of an

existing licensed center, and, as determined by the Office of Licensing, on a case-by-case

basis, the facility operator shall submit to the Office of Licensing a Safe Building Interior

Certification or other approval issued by the Department of Health that indicates that no

further remediation is needed for the interior of the building in which the center is located.

9. The Office of Licensing shall not issue licenses or renewals to child care centers

that are co-located in a building or other structure that contains a dry cleaner or nail salon

unless the applicant obtains indoor air sampling that demonstrates that there is no impact to

the child care center.

(j) Asbestos precautions are as follows:

1. The building shall comply with the applicable provisions of the Asbestos Hazard

Abatement Subcode of the NJUCC, as specified in N.J.A.C. 5:23-8, as well as the NJDEP, as

specified in N.J.A.C. 7:27-17.2.

2. An inspection for asbestos containing materials shall be conducted as part of the

Indoor Environmental Health Assessment. If the New Jersey Department of Health

determines that corrective action must be taken to minimize exposure potential, the sponsor

or sponsor representative shall follow the recommendation of that department for enclosure,

removal, or other appropriate action to remove the threat or risk of asbestos contamination, as

specified in N.J.A.C. 5:23-8.

(k) Swimming pool requirements are as follows:

1. Pools that are at least 24 inches in depth shall be defined as swimming pools and

subject to the requirements specified in (k)2 below.

2. The center shall ensure that any swimming pool or natural bathing place used by

the children complies with applicable provisions of the Public Recreational Bathing Rules, as

specified in N.J.A.C. 8:26, and with applicable provisions of the Building Subcode and

Barrier-free Subcode of the NJUCC, as specified in N.J.A.C. 5:23.

3. The center shall ensure that the children using swimming pools or natural bathing

facilities are supervised in accordance with applicable provisions of the New Jersey Youth

Camp Safety Act rules, as specified in N.J.A.C. 8:25.

4. If a child defecates in the swimming pool, all solid wastes shall be removed and

the pool shall be super-chlorinated and not used until the chlorine level returns to levels

identified as acceptable in the Public Recreational Bathing Rules, N.J.A.C. 8:26.

5. Wading pools that are 24 inches or less, are filled as needed, are portable, and do

not have a filtration system are prohibited.

(l) Emergency procedure requirements are as follows:

1. The center shall prepare written emergency procedures delineating:

i. The location of the first aid kit and any additional first aid supplies;

ii. The name, address and telephone number of the physician retained by the

center or of the health facility to be used in emergencies;

iii. An alternate indoor location that operates during the same operating hours as

the center. The center shall:

(1) Select an alternate indoor location within safe walking distance; or

(2) Develop a written procedure for obtaining emergency transportation to

the alternate location;

iv. The hospital or clinic to which injured or ill children will be taken;

v. The telephone numbers for obtaining police, fire, ambulance and poison

control services, including the National Poison Emergency Hotline at (800) 222-1222;

vi. The location of written authorization from parent(s) for emergency medical

care for each child;

vii. A diagram showing how the center is to be evacuated in case of emergency

from each classroom and the outdoor play area;

viii. The location of fire alarms and fire extinguishers; and

ix. Procedures for ensuring children’s safety and communicating with parents in

the event of evacuation, lockdown, natural or civil disaster, and other emergencies. The

procedures shall indicate:

(1) The plan for informing parents of their children’s whereabouts; and

(2) The local law enforcement agency or emergency management office

that has been notified of the center’s identifying information, as specified in (l)3 below.

2. The emergency procedures shall be readily accessible in a designated location

within the center.

3. The center shall ensure that the appropriate local law enforcement agency or

emergency management office is notified of:

i. The center’s name and location;

ii. The number, ages, and special needs of children enrolled;

iii. The number of staff;

iv. The need for emergency transportation;

v. The location to which children will be evacuated;

vi. The plan for a lockdown; and

vii. The plan for reuniting children with their parents.

4. The center shall conduct two lockdown drills per year and maintain on file a

record of each lockdown drill. The center shall ensure that lockdown drills are conducted

during each session provided at the center.

5. Ensure all locking devices, including those used for lockdown procedures:

i. Are acceptable for use by the local fire official; and

ii. Do not pose a risk of harm to the children; and

6. All staff shall be trained on the use of these devices.

(m) Supplemental evacuation requirements are as follows:

1. Children under 2½ years of age shall be limited to the floor level of exit discharge

in all buildings for centers that are new and relocating centers licensed after September 1,

2013. Centers that are permitted to have children under the age of 2½ to occupy a floor above

or below the level of exit discharge shall be required to provide additional staff in order to

ensure safe and prompt evacuation.

2. Cribs, beds, playpens, and cots used for rest or sleep shall be arranged so as to

provide access to a three-foot-wide aisle that leads to an unobstructed exit.

3. All centers providing care for non-ambulatory infants and toddlers shall have one

evacuation crib for every four non-ambulatory children by March 6, 2018.

4. To assure the safe and timely evacuation of the children from the center during a

fire or other emergency, centers required to secure a Certificate of Life/Safety Approval shall

meet the minimum staff/child ratio requirements, as specified in N.J.A.C. 3A:52-4.3(c).

(n) Fire prevention requirements are as follows:

1. The center shall conduct fire drills at least once a month, as specified in the

NJUFC. The center shall ensure that fire drills are conducted during each session provided at

the center and that one fire drill per year is conducted during nap time, if applicable.

2. The center shall ensure that all children present are evacuated from the building

within three minutes during each fire drill.

3. The center shall maintain on file a record of each fire drill, as specified in the

NJUFC, which record shall include:

i. The date and time of day of the drill;

ii. The weather condition at the time of evacuation;

iii. The number of participating children and staff members; and

iv. The total amount of time taken to evacuate the center.

4. All fire extinguishers shall be visually inspected once a month, and serviced and

tagged at least once a year and recharged, if necessary, as specified in the NJUFC.

(o) First aid requirements are as follows:

1. At least two staff members who have current certified basic knowledge of first aid

principles and cardiopulmonary resuscitation (CPR), as defined by a recognized health

organization (such as the American Red Cross), shall be in the center at all times when

enrolled children are present.

2. The first aid and CPR training shall include a hands-on training component in

addition to any online training coursework.

3. The following equipment shall be placed in a location that is convenient and

accessible to staff members:

i. A standard first aid kit, which is fully re-stocked within 24 hours of use; and

ii. The American Red Cross First Aid Manual or its equivalent.

(p) Play equipment, materials, and furniture for indoor and outdoor use shall be of sturdy

and safe construction, non-toxic, free of hazards, and used in accordance with the

manufacturer’s instructions. The center may not use play equipment intended for outdoor

use indoors.

(q) Space and room requirements are as follows:

1. All space and rooms within the center to be used by children shall be inspected

and approved by the Office of Licensing prior to their use. In making its determination, the

Office of Licensing shall consider whether the space is too far removed, remote, or isolated

from other areas of the center to be used by children.

i. For those rooms or areas that are too far removed, remote, or isolated from other

centrally located rooms or areas of the center, the Office of Licensing may require the use of

additional staff members, above those required for staff/child ratios, before granting

approval.

ii. Rooms or areas of the center that are not Office of Licensing-approved for use

by children shall be made inaccessible to children.

2. At no time shall a center:

i. Allow more children in attendance than the licensed capacity as specified on the

license or the Certificate of Life/Safety Approval;

ii. Allow more children in attendance than the licensed room capacity;

iii. Operate in violation of the written conditions on its license or Certificate of

Life/Safety Approval including, but not limited to, capacity or age restrictions for specific

classrooms.

3. Indoor space requirements for play rooms and sleep rooms are as follows:

i. There shall be a minimum of 30 square feet of usable activity indoor floor space

for each child in centers that:

(1) Began operating prior to July 1, 1989; or

(2) Began operating on or after July 1, 1989 and serve fewer than 16

children.

ii. There shall be a minimum of 35 square feet of usable activity indoor floor

space for each child in centers that began operating on or after July 1, 1989 and serve 16 or

more children.

iii. The minimum square footage of usable activity indoor floor space shall be

determined by excluding the space used in or by hallways, toilet facilities, offices, storage

rooms, staff rooms, furnace rooms, kitchen areas, lockers, closets, and other stationary

equipment or areas that children do not use for sleep or play.

iv. Centers serving sick children shall comply with the variation provisions on

determining net indoor floor space per child, as specified in N.J.A.C. 3A:52-8.4(a).

v. The center shall identify all rooms of the center that have been approved by the

Office of Licensing. This identification shall consist of numbers, letters, names or any other

means of identification and shall be located either inside or directly outside each room.

4. Separate room or area requirements for children who become ill are as follows:

i. There shall be a room, section of a room, or a separate area in the center to

which children who are exhibiting those illnesses, symptoms of illness, and diseases

specified in N.J.A.C. 3A:52-7.1(c) shall be taken and where they shall be cared for until they

can return home, be suitably cared for elsewhere, or be diagnosed as posing no health risk to

themselves or others.

ii. The separate room, section, or area shall be furnished with sleeping

equipment and sheets, blankets or other coverings.

iii. Centers serving only sick children shall comply with the variation provision

for separating ill children, as specified in N.J.A.C. 3A:52-8.4(b) and (c).

(r) The center shall take any steps required by the Office of Licensing to correct

conditions in the building or center that may endanger the health, safety, and well-being of

the children served.

3A:52-5.4 Additional physical plant requirements for early childhood programs

(a) For early childhood programs, the following shall apply:

1. All electrical outlets that are accessible to the children shall have protective

covers.

2. All lally columns in areas used by the children shall have protective padding

placed around them from the floor to a height of at least 48 inches.

3. Crawl spaces, attic spaces, and all doors and windows used for natural ventilation

shall be provided with insect screening.

4. A supply of hot tap water not exceeding 110 degrees Fahrenheit and cold running

water shall be provided.

5. Toilet and sink facility requirements are as follows:

i. The minimum number of toilets and sinks required in the center shall be

determined as specified in the Plumbing Subcode of the NJUCC.

ii. At least one toilet facility and sink shall be located on each floor level used

by children in centers that began operating after March 21, 2005.

iii. For each classroom used by children under 2 1/2 years of age, a minimum of

one sink shall be located in the classroom for newly-constructed centers and expansions.

6. Kitchen facility requirements are as follows:

i. The kitchen facility or food preparation area shall be separated from other

areas of the center by a door, gate, screen, or other barrier to prevent accidental access by

children.

ii. The kitchen may be used for children's program cooking activities only when

it is not being used for preparation of meals for consumption by enrolled children.

7. Outdoor space requirements for children over the age of 10 months are as follows:

i. For children in attendance for three or more consecutive hours, existing

center(s) shall provide a minimum of 150 square feet of net outdoor space. When more than

five children are using such a space at one time, there shall be 30 square feet of net outdoor

space for each additional child in addition to the required minimum of 150 square feet. New

and relocating centers licensed on or after September 1, 2013, shall provide a minimum of

350 square feet of net outdoor space. When more than 10 children are using such a space at

one time, there shall be an additional 35 square feet of net outdoor space for each additional

child in addition to the required minimum of 350 square feet.

ii. The outdoor area for new and relocating centers licensed on or after

September 1, 2013, shall be in close proximity and safe walking route of the center and

available for use by the children.

iii. Outdoor areas located near or adjacent to hazardous areas determined by the

Office of Licensing to be unsafe (including, but not limited to, streets, roads, driveways,

parking lots, railroad tracks, swimming pools, rivers, streams, steep grades, cliffs, open pits,

high voltage boosters, or propane gas tanks) shall be fenced or otherwise protected by a

natural or man-made barrier or enclosure.

iv. The center shall not be required to meet the outdoor space requirement in

(a)7i above, if the center can establish, to the satisfaction of the Office of Licensing, that:

(1) Compliance with the requirement is impossible at the proposed center

site or an alternative site, expected to serve the same geographic location;

(2) There is a compelling need, as determined by the OOL on a case-by-

case basis, for additional child care services in the local area; and

(3) There is a designated indoor active play area not used toward the

center's licensed capacity that provides 35 square feet per child for at least 25 percent of the

licensed capacity of the facility with a minimum of 350 square feet;

v. Centers serving only sick children shall comply with the variation provisions

for outdoor space, as specified in N.J.A.C. 3A:52-8.4(f)1.

3A:52-5.5 Additional physical plant requirements for school-age child care

programs

(a) For school-age child care programs, the following shall apply:

1. All lally columns in areas used by the children shall have protective padding

around them from the floor to a height of at least 72 inches.

2. For centers that serve food, crawl spaces, attic spaces, and all doors and windows

used for natural ventilation shall be provided with insect screening.

3. A supply of hot tap water not exceeding 120 degrees Fahrenheit and cold running

water shall be provided.

4. Toilet facility requirements are as follows:

i. Children shall be afforded privacy, appropriate to their age and development,

when toileting.

ii. The center shall have one toilet and one sink for every 25 children, as specified

in the Plumbing Subcode of the NJUCC for the E group.

iii. Toilet facilities and sinks shall be located no more than one floor above or

below the floor levels used by the children.

3A:52-5.6. Special physical facility and monitoring requirements to prevent child

abuse or neglect

(a) At least five foot-candles of natural or artificial light shall be provided in all rooms

used by children during naptime. The illumination shall be measured three feet above the

floor at the farthest point from the light source.

(b) Doors in all interior rooms designated for use by children shall remain unlocked.

monitoring requirements shall apply:

1. The center shall equip every room or area designated for use by children, except

for kitchen and toilet facilities, with one of the following options in order to promote

maximum visibility and audibility:

i. A centrally supervised audio or visual monitoring system;

ii. Uncovered and unobstructed glass panels or two-way mirrors that comprise at

least 10 percent of the square footage of one interior wall, provided that such panels or

mirrors are not in conflict with applicable provisions of the NJUCC or the NJUFC;

iii. Security mirror(s) in hallways that reflect activities in the room(s) used by

children;

iv. At least one interior door leading to every room designated for use by children,

which shall meet one of the following conditions, provided that such conditions are not in

conflict with applicable provisions of the NJUCC and the NJUFC:

(1) Be left open;

(2) Have uncovered and unobstructed windows or cutouts;

(3) Be a dutch door variety, with the top half open; or

(4) Be removed; or

v. Any other Office of Licensing-approved monitoring system or equipment that

provides equivalent visibility and audibility.

(d) Toilet facility requirements are as follows:

1. For existing centers that have only one toilet facility, or for existing centers that

have more than one toilet facility, but where all toilets have been counted in determining the

maximum number of children who can be served per session, the center shall ensure that staff

members and other adults who use the toilet facility for their own toileting needs do so only:

i. When children are not in it; and

ii. After the staff member or other adult has secured the door with a lock or latch

that is located on the inside of the door at a height beyond the reach of the children.

(1) If a center documents to the satisfaction of the Office of Licensing that

it lacks the authority to meet the lock or latch provisions noted in this subparagraph, the

Office of Licensing may approve an alternative means by which the center may comply with

the privacy intent of this provision.

2. For existing centers that have an additional toilet facility that has not been

counted in determining the maximum number of children who can be served per session and

for centers to be located in newly constructed buildings, the center shall ensure that:

i. One toilet facility is reserved and designated for the exclusive use of staff

members and other adults; and

ii. This designated toilet facility is identified by a sign located on the exterior of

its door, indicating that this toilet facility is for the exclusive use of staff members and other

adults.

(e) For early childhood programs, the following shall apply:

1. Centers that are to be located in newly-constructed buildings that seek to serve 16

or more children shall equip every room designated for use by children, except for kitchen

and toilet facilities, with either uncovered glass panels or two-way mirrors that comprise at

least 10 percent of the square footage of at least one interior wall in order to promote

maximum visibility in such rooms.

SUBCHAPTER 6. PROGRAM REQUIREMENTS

3A:52-6.1 Activities

(a) The center shall develop and provide a variety of children's planned activities, geared

to the ages and developmental levels of the children served, that:

1. Promote the development of language, thinking and problem-solving skills,

curiosity, exploration, large and small muscles, coordination and movement skills, social

competence, self-esteem, and positive self-identity; and

2. Are relevant to the cultural background of the children and foster intercultural

awareness.

(b) The staff member(s) specified in N.J.A.C. 3A:52-4.5 who are responsible for

developing and overseeing the implementation of the center's daily activities shall ensure

that:

1. Time frames for each activity are geared to the age and developmental level of

each child served and are flexible enough to accommodate spontaneous occurrences or

children's suggestions and inquiries;

2. Children have opportunities to choose materials freely and materials are accessible

at all times except during lunch and nap time;

3. Children are presented with and encouraged to participate in a mixture of active

and quiet experiences;

4. Both staff-directed and child-selected activities are provided;

5. Children are:

i. Encouraged, but not required, to participate in every group activity; and

ii. Provided with the time and space within the area to be apart from the group

and to participate in an alternate activity if they choose to do so;

6. Children are provided with daily structured and unstructured developmentally

appropriate indoor and outdoor energetic physical activity as follows:

i. At least 30 total minutes daily for children receiving child care less than four

hours;

ii. At least 60 total minutes daily for children receiving child care more than

four hours; and

iii. Whenever feasible, and unless the child is eating, sleeping, needs to

complete a seated activity, or is ill, children shall not be inactive for more than 30 minutes;

and

7. The use of a television, computers, and other video equipment shall be limited to

educational and instructional use, shall be age and developmentally appropriate, and shall not

be used as a substitute for planned activities or for passive viewing.

i. Centers shall prohibit the use of television, computers, and other video

equipment for children under the age of two.

ii. Centers shall develop a written policy regarding the use of television,

computers, and other equipment for children over the age of two and maintain on file written

plans for such use and the length of time for their use. In addition, centers shall develop a

written policy for the use of such equipment as it pertains to children in care less than four

hours and children in care more than four hours.

iii. Centers shall develop written plans for children with special needs who may

benefit from the educational or instruction use of a television, computer, or other video

equipment.

the Bicycle Helmet Law, N.J.S.A. 39:4-10.1.

(d) Centers serving sick children shall comply with the variation on developing and

providing children's activities, as specified in N.J.A.C. 3A:52-8.5(a).

(e) The center shall ensure that pacifiers are removed when the children are crawling or

walking.

(f) The staff member(s) specified in (b) above shall prepare and maintain on file a written

outline of the center's daily activities, as specified in (a) through (d) above and (g) and (h)

below.

(g) For early childhood programs, the following shall apply:

1. The center shall provide daily outdoor activities at an outdoor play area, park or

playground, or on a walk, weather permitting.

2. Centers serving children less than 18 months of age shall provide at least four

types of children's daily activities including, but not limited to, sensory; language and

dramatic play; manipulative; building; large muscle; music; or other comparable activities;

and at least four types of supplies and equipment for each activity area chosen by the center.

i. Staff members shall provide periodic activity or learning opportunities to

stimulate the five senses of non-ambulatory children.

ii. Staff members shall ensure infants have age-appropriate, supervised tummy

time at least twice per day.

iii. Staff members shall provide all children who are developmentally able with

opportunities to leave their cribs, playpens or other Office of Licensing-approved sleeping

equipment to crawl, toddle, walk, and play.

iv. The use of infant equipment including swings, exersaucers, and bouncers

shall be limited to periods of 30 minutes at a time.

3. Centers serving children 18 months of age and older shall provide at least five

types of children's daily activities including, but not limited to, language; science and

mathematics; manipulative; large muscle; building; art; music; drama; or other comparable

activities; and at least five types of supplies and equipment for each daily activity chosen by

the center.

4. Centers that operate during evening hours shall ensure that the activity level for

children is reduced in preparation for sleep and shall provide a selection of toys or other

materials for quiet activities.

(h) For school-age child care programs, the following shall apply:

1. Centers shall plan and implement programs that include:

i. Activities that reflect the interests and skills of the children served;

ii. Opportunities for child involvement in activity planning;

iii. Opportunities for self-selected activities;

iv. Recreational opportunities, including a mixture of indoor, outdoor, and large

muscle activities; and

v. Daily schedules that include individual quiet times, structured and

unstructured activities, and small-group and large-group activities.

3A:52-6.2 Program equipment for children's daily activities

(a) The center shall provide a supply of age-appropriate and developmentally appropriate

program equipment including play equipment, child-size furniture and supplies that are:

1. Sufficient to meet the daily activity needs of the children and the program; and

2. Non-toxic and safe for use by children in the age groups served.

3A:52-6.3 Food and nutrition

(a) All centers shall comply with the following requirements:

1. Food served to children who are present during normal mealtime hours or required

snack periods, as specified in (b) and (c) below, shall be provided either by the child's parent

or by the center.

2. If the center chooses to provide food, the center shall ensure that all food served to

children is prepared by either:

i. The center on-site or off-site; or

ii. A caterer who is licensed, registered, certified, or otherwise approved, as

appropriate, by the local or county health department or State Department of Health, as

applicable.

3. If the center chooses to have parents provide food, the center shall have a supply

of food at the center for any child whose parent forgets.

4. If the center provides food, the center shall ensure that the food is stored, prepared,

and served in a sanitary manner.

5. Staff members shall advise parents of any repetitive feeding problems experienced

by their child.

6. Staff members shall not force-feed or coerce a child to eat against his or her will.

7. A snack shall be served to all children who are under the center's care for at least

three consecutive hours and for all children who are served on an after-school basis.

8. Drinking water shall be made available to all children.

9. Centers that provide meals shall ensure that:

i. For children on special diets (for example, due to health reasons, religious

belief or parental request), an alternative choice of food is provided by either the center or the

child's parent; and

ii. Individualized written diets and feeding schedules, if submitted to the center by

the child's parent or health care provider, are posted in a location that is accessible to staff

members caring for the children, and are followed.

10. The center shall have a supply of food at the center and shall serve a snack to any

child who is hungry or has missed a meal.

11. Unless contraindicated by the parent or health care provider, the center shall:

i. Not serve sugar sweetened or artificially-sweetened beverages. Parents that

provide such beverages for their children shall be provided with information regarding

healthier options;

ii. Not provide solid food to children under the age of six months;

iii. Not provide cows' milk to children under the age of 12 months;

iv. Provide only whole pasteurized milk to children between the ages of 12 and

24 months or milk with reduced fat (two percent) for those children who are at risk for

hypercholesterolemia or obesity;

v. Provide skim (fat-free) or one percent milk to children older than two years of

age;

vi. Ensure that food and beverages are in accordance with minimum Child and

Adult Care Food Program's (CACFP) standards, contained in the Child and Adult Care Food

Program, 7 CFR 226.20, which is incorporated herein by reference, and can be obtained at

http://www.fns.usda.gov/cnd/care/childcare.htm, including portion size and nutritional value;

vii. Provide a variety of both fruits and vegetables and high portion of whole

grains; and

viii. Limit foods that are high in solid fats, added sugar, trans fats, and sodium.

12. The center shall ensure that these safety and sanitation practices are followed:

i. Older infants shall not carry bottles, sippy cups, or regular cups with them

while crawling or walking;

ii. Sippy cups shall be labeled with the child’s name;

iii. Food left uneaten in a dish shall be discarded;

iv. Food shall not be shared among children using the same dish or spoon; and

v. Unused portions of food shall be labeled with the child's name, date, and

type of food. The food shall be stored in the refrigerator, returned to the parent, or discarded

with the parent's consent. All unused food shall be discarded if not consumed by the end of

the day.

(b) For early childhood programs, the following shall apply:

1. Centers operating for more than three consecutive hours shall have a working

refrigerator.

2. Food brought from outside the center for a child shall be inspected by a staff

member for spoilage before it is served.

3. Feeding requirements for centers serving children less than 18 months of age are

as follows:

i. The center shall develop mutually with each child's parent(s) and follow a

feeding plan regarding the feeding schedule, specific formula, breastfeeding arrangements

and accommodations, and/or expressed breast milk, nutritional needs, and introduction of

new food for each child.

ii. For children less than 12 months of age, the feeding plan shall be:

(1) Documented in writing;

(2) Maintained on file; and

(3) Made available to each staff member responsible for feeding each

child;

iii. All food served to a child shall be appropriate to the child's developmental

eating ability;

iv. The requirements for bottles are as follows:

(1) Each child's bottle(s) shall be labeled with the child's name and dated;

(2) The center shall sanitize each child’s bottles, including the nipples,

when the center provides the bottles;

(3) Breast milk shall be gently mixed but not be shaken;

(4) Refrigerated breast milk shall be used within 24 hours;

(5) Formula or breast milk that is served, but not completely consumed or

refrigerated, shall be discarded; and

(6) No milk, formula, or breast milk shall be warmed in a microwave

oven;

v. A child who is too young to use a feeding chair or other seating apparatus

shall be held when fed;

vi. A child who, because of age or developmental readiness, no longer needs to

be held for feeding shall be provided with an infant seat, high chair with safety strap, or other

age-appropriate seating apparatus, which meets the standards of a recognized safety

organization (such as the Juvenile Products Manufacturers Association, the American

Society for Testing and Materials, or the United States Consumer Product Safety

Commission);

vii. When a child is feeding, the bottle shall not be propped at any time; and

viii. When a child is bottle-feeding while resting, the bottle shall be removed

when the child falls asleep.

4. Mealtime and snack requirements for centers serving children 18 months of age or

older and those children younger than 18 months of age who are developmentally ready to

eat regular meals and snacks are as follows:

i. Centers that provide breakfast shall ensure that breakfast includes the

following:

(1) Fruits, vegetables or fruit or vegetable juice; and

(2) Enriched whole grain bread, a bread product or cereal or a protein

alternative.

ii. The center shall serve lunch for all children who have not eaten lunch and are:

(1) Present during 11:00 A.M. to 1:00 P.M.; and

(2) Under the center's care for at least five consecutive hours;

iii. The center shall serve dinner for all children who:

(1) Have not eaten dinner;

(2) Are present from 5:00 P.M. to 7:00 P.M.; and

(3) Are scheduled to remain after 7:00 P.M.;

iv. Centers that provide meals shall ensure that lunch and dinner for each child

include the following:

(1) Meat, poultry, fish or a protein alternative;

(2) Fruits or vegetables;

(3) Bread or bread products; and

(4) Milk, juice or water;

v. Centers that provide snacks shall ensure that the snack includes one juice,

milk, or fruit and one food supplement selected from the lunch and dinner choices specified

in (b)4iv above, except on special occasions, such as holidays and birthdays; and

vi. Centers that provide meals shall ensure that milk is served at least once a day.

1. Centers that store perishable foods or medication shall have access to a

refrigerator.

2. Centers that provide snacks should include one juice, milk or fruit and one food

supplement selected from the food choices specified in (b)4iv above.

3. On days when school is not in session, if applicable, the center shall serve meals as

specified in (b)4 above.

3A:52-6.4 Rest and sleep requirements for early childhood programs

(a) For early childhood programs, the center shall provide opportunities for daily rest and

sleep as follows:

1. For children 12 months of age and younger, the center shall ensure that each

child is initially placed in a face-up sleeping position unless a different position is indicated

in writing by the child's health care provider.

2. For children from 13 to 18 months of age, the center shall provide daily rest and

sleep according to the child's physical needs and ensure that blankets or pillows do not cover

the child's face.

3. Swaddling of children during rest and sleep is prohibited.

4. For children over the age of 18 months and under the age of four years, the

center shall provide:

i. Daily rest or sleep for each child who attends the center for four or more

consecutive hours;

ii. Daily rest or sleep for each child who attends the center for fewer than four

consecutive hours, but whose individual physical needs call for a rest period while the child

is at the center; and

iii An alternative quiet activity for each child who has rested or slept for 30

minutes and does not appear to need additional rest or sleep.

(b) The center shall provide sleeping equipment for each child as follows:

1. For children 12 months of age and younger, the center shall provide for each child a crib, that

complies with the Consumer Product Safety Commission's (CPSC) Federal Safety Standards for Full-

Size and Non-Full-Size Baby Cribs; 16 CFR 1219 and 1220, which is incorporated herein by reference,

and can be obtained through the CPSC's website at https://www.cpsc.gov/Safety-Education/Safety-

Education-Centers/cribs

, playpen, or other Office of Licensing-approved sleeping equipment that meets

the following requirements:

i. Each crib or playpen shall be equipped with:

(1) A firm, waterproof, snugly fitting mattress;

(2) A clean, snugly fitting sheet;

(3) Top rails that are at least 19 inches above the mattress; and

(4) Slats that are not more than 2 3/8 inches apart.

ii. Sleeping equipment shall be free of pillows and soft bedding, including, but

not limited to bumper pads, when occupied by a sleeping child.

iii. Stackable cribs shall be prohibited.

2. For children over the age of 12 months and under the age of five years, the

center shall provide for each child a crib that complies with the Consumer Product Safety

Commission's (CPSC), Federal Safety Standards for Full-Size and Non-Full-Size Baby

Cribs; 16 CRF 1219 and 1220, which is incorporated herein by reference, and can be

obtained through the CPSC's website at

http://www.cpsc.gov/businfo/frnotices/fr11/cribfinal.pdf, playpen, cot, mat, or other Office of

Licensing-approved sleeping equipment that meets the following requirements:

i. Each cot used for children between 13 and 18 months of age shall not exceed

14 inches above the floor level.

ii. Each cot or mat used for rest and sleep shall be covered with a sheet, blanket

or other covering. An additional covering shall be provided for use as a covering for each

child.

iii. Each mat used for rest and sleep shall be:

(1) Placed on a surface that is warm, dry, clean and draft-free;

(2) Water-repellent;

(3) At least one inch thick; and

(4) Stored so that there is no contact with the sleeping surface of another

mat, or disinfected after each use, as specified in N.J.A.C. 3A:52-7.7(a)1.

iv. Stackable cribs shall be prohibited.

for rest and sleep:

1. For children who attend the center for more than three hours after 7:00 P.M., the

center shall:

i. Establish bedtime schedules for each child in consultation with parent(s);

ii. Ensure that any Office of Licensing-approved sleeping equipment, other than

a bed or mat, has been fitted with a minimum one-inch thick water-repellent mat or mattress;

and

iii. Ensure that each child is changed into sleeping garments.

(d) All sleeping equipment shall meet the standards of a recognized safety organization

(such as the Juvenile Products Manufacturers Association, the American Society for Testing

and Materials, or the United States Consumer Product Safety Commission).

(e) Sheets, blankets and other coverings shall be:

1. Changed when wet, soiled or damaged; and

2. Changed before use by another child.

(f) When cribs, playpens, cots, mats or other Office of Licensing-approved sleeping

equipment are stored with sheets, blankets, or other coverings as single units, at least one

item of each unit shall be labeled with child-identifying information.

(g) When sheets, blankets and other coverings are not stored with sleeping equipment,

each of these items shall be:

1. Labeled for each child; and

2. Stored separately for each child.

(h) During rest and sleep periods, only one child shall occupy a crib, playpen, cot, mat,

or other Office of Licensing-approved sleeping equipment at one time.

(i) Children shall not use pacifiers with straps or other types of attachment devices.

3A:52-6.5 Policy on the release of children

(a) The center shall maintain on file and follow a written policy on the release of

children, which shall include:

1. The provision that each child may be released only to the child's parent(s) or

person(s) authorized by the parent(s), as specified in N.J.A.C. 3A:52-6.8(a)3, to take the

child from the center and to assume responsibility for the child in an emergency if the

parent(s) cannot be reached;

2. The provision that, if a particular non-custodial parent has been denied access, or

granted limited access, to the child by a court order, the center shall secure documentation to

this effect, maintain a copy on file, and comply with the terms of the court order;

3. Written procedures to be followed by staff member(s) if the parent(s) or person(s)

authorized by the parent(s), as specified in (a)1 above, fails to pick up a child at the time of

the center's daily closing. The procedures shall require that:

i. The child is supervised at all times;

ii. Staff members attempt to contact the parent(s) or person(s) authorized by the

parents; and

iii. An hour or more after closing time, and provided that other arrangements for

releasing the child to his or her parent(s) or authorized person(s) have failed and the staff

member(s) cannot continue to supervise the child at the center, the staff member shall call the

Department's State Central Registry Hotline (1-877 NJ ABUSE/1-877-652-2873) to seek

assistance in caring for the child until the parent(s) or person(s) authorized by the child's

parent(s) is able to pick up the child; and

4. Written procedures to be followed by a staff member(s) if the parent(s) or

person(s) authorized by the parent(s), as specified in (a)1 above, appear to be physically or

emotionally impaired to the extent that, in the judgment of the director or staff member, the

child would be placed at risk of harm if released to such an individual. The procedures shall

require that:

i. The child shall not be released to such an impaired individual;

ii. Staff members attempt to contact the child's other parent or an alternative

person(s) authorized by the parent(s); and

iii. If the center is unable to make alternative arrangements, as noted in (a)3ii

above, a staff member shall call the Department's State Central Registry Hotline (1-877 NJ

ABUSE/1-877-652-2873) to seek assistance in caring for the child.

(b) The center shall distribute a copy of the release policy to the parent of each enrolled

child and each staff member and secure and maintain on file a record of each parent’s and

staff member’s signature attesting to receipt of the policy.

1. No child shall be released from the program unsupervised except upon written

instruction from the child's parent.

3A:52-6.6 Discipline

(a) The methods of guidance and discipline used shall:

1. Be positive;

2. Be consistent with the age and developmental needs of the children; and

3. Lead to the child's ability to develop and maintain self-control.

(b) Staff members shall not discipline children for failing to eat or sleep or for soiling

themselves.

actions or behavior present a danger to themselves or others.

(d) Children may be removed from a group activity to another area, provided that the

child so removed is either under the supervision of another staff member or continuously

visible to a staff member.

(e) The center shall maintain on file a written policy on the disciplining of children by

staff members. The policy shall:

1. Reflect the provisions specified in (a) through (c) above and include the acceptable

actions that a staff member may take when disciplining a child (that is, discussion with the

child, time-out, etc.);

2. Be distributed to every staff member; and

3. Be posted in a prominent location within the center.

(f) The center shall secure and maintain on file each staff member's signature, attesting to

receipt of the policy on the disciplining of children by staff members.

(g) For school-age child care programs, the following shall apply:

1. The center shall permit children to participate in the development of the discipline

rules and procedures; or

2. The center shall establish procedures to ensure that children are aware of the rules.

3A:52-6.7 Special requirements to prevent child abuse or neglect and inappropriate

staff behaviors toward children

(a) Staff members shall not use hitting, shaking or any other form of corporal

punishment of children.

(b) Staff members shall not use abusive language, ridicule, harsh, humiliating or

frightening treatment or any other form of emotional punishment of children.

(d) Staff members shall not withhold from children food, emotional responses,

stimulation, or the opportunities for rest or sleep.

(e) Staff members shall not require a child to remain silent or inactive for an

inappropriately long period of time for the child's age.

(f) Centers shall not prohibit staff members from or discipline staff members for:

1. Making good faith reports of suspected child abuse or neglect to the Division of

Child Protection and Permanency or law enforcement; or

2. Taking photographs of children for the purpose of documenting injuries in support

of a good-faith report of suspected child abuse or neglect to the Division of Child Protection

and Permanency or law enforcement.

3A:52-6.8 Parent and community participation

(a) The center shall complete and maintain on file for each enrolled child a Children’s

Records Checklist, signed by the director, sponsor, or sponsor representative and designated

by the Office of Licensing, indicating that the center has obtained documentation of:

1. The child's name, address, birth date, and date of enrollment;

2. The name(s), home and work address(es), home and work telephone number(s) and

signature(s) of the parent(s);

3. The name(s), address(es), and telephone number(s) of any person(s) authorized by

the parent(s) to visit the child at the center and/or take the child from the center, as specified

in N.J.A.C. 3A:52-6.5(a)1;

4. The name, address, and telephone number of the child's health care provider;

5. Signed authorization from the parent(s) for emergency medical treatment;

6. The parent’s signature attesting to the receipt of the Information to Parents

document, as specified in N.J.A.C. 3A:52-3.6(b); and

7. Health information for each child, as follows:

i. For early childhood programs, a record of the child’s health examination and

immunizations, as specified in N.J.A.C. 3A:52-7.3(a); or

ii. For school-age child care programs, a record of the parent’s statement

concerning the child’s health, as specified in N.J.A.C. 3A:52-7.3(b).

(b) The center shall allow the parent(s) of enrolled children to visit the center at any time

during the center's hours of operation to observe its operation and program activities without

requiring the parent(s) to secure prior approval.

the center to observe its operation and program activities, but may require that such visits are

arranged in advance and at the convenience of the center director.

(d) Staff member(s) shall inform the parent(s) of enrolled children in advance of any

field trip(s), outing(s), or special event(s) involving the transportation of children away from

the center. The center shall inform parents whether a school bus, other approved school

vehicle, or private passenger vehicle will be used, and whether the driver will be a staff

member, a parent, or another person. The center shall provide each parent with the name and

telephone number of any bus company providing service. Before taking a child on such a

field trip, outing, or special event, the center shall either:

1. Secure individual written consent slips signed by a parent for his or her child(ren)

for each proposed field trip, outing or special event;

2. Post a notice of a proposed individual field trip, outing or special event in a place

of prominence within the center, on which the parent shall be asked to sign consent for his or

her child to attend; or

3. Issue to every parent a written schedule of all field trips, outings or special events

to be taken during any given time frame (that is, weekly, monthly, yearly). A parent shall be

asked to sign this schedule indicating his or her consent for any or all field trips, outings or

special events listed.

(e) The center may utilize a blanket permission slip for taking children on walks only if:

1. Walks are within the center's neighborhood;

2. The center makes arrangements for the handling of visits or telephone calls from

parents either by:

i. Having someone remain at the center; or

ii. Utilizing a telephone answering machine and posting a notice on the entrance

door of the center to inform parents of the children's location;

3. The route of the walk involves no safety hazards; and

4. The walk involves no entrance into a facility unless the facility has been indicated

on the blanket permission slip.

(f) The center shall maintain on file a record of signed blanket permission slips for walks

and signed individual permission slips for field trips, outings or special events.

(g) The center should promote the involvement of representatives of the community to

enhance the staff members' and the children's knowledge of community services, programs

and resources.

(h) For early childhood programs, the following shall apply:

1. The center shall adopt at least one of the following options to ensure the

participation of the parents of enrolled children in the activities and operations of the center:

i. A governing board responsible for approving, reviewing, and monitoring the

center's policies, budget, staff recruitment and selection, physical environment, and program

activities;

ii. An advisory committee that offers advice and counsel to the center on its

policies, staff recruitment and selection, physical environment, and program activities;

iii. An annual meeting to which all parents and staff members are invited for the

purpose of sharing goals, recommendations, and concerns. The center shall maintain on file a

record of this meeting; or

iv. An annual open house to which parents are invited for the purpose of

observing the program. The center shall maintain on file a record of the open house.

2. Centers choosing the options specified in either (h)1i or ii above shall maintain

on file a listing of current members of the board or committee and documentation indicating

that the board or committee is functioning. The board or committee shall:

i. Offer at least one-third of its membership positions to parents of enrolled

children;

ii. Include representatives from the civic, business, educational or child care

communities; and

iii. Meet at least quarterly during the center’s operating year.

3. The center shall provide for the direct involvement of parents of enrolled children

in the center's operation and activities by:

i. Providing an opportunity for parents to volunteer to help in the center's

program; and

ii. Holding individual parent/staff conferences semi-annually and upon

request of the parent or staff member(s) to discuss the child’s needs and progress.

4. The center shall provide for the parents of each newly-enrolled child an opportunity

to attend an enrollment conference, at which the center shall:

i. Inform parents about the center’s days and hours of operation;

ii. Discuss the individual child’s habits, dietary and sleep needs, activities,

behavior and development, if applicable;

iii. Discuss the center’s policy on releasing children, toilet training children when

applicable, and administering medication and health care procedures;

iv. Discuss and distribute the center’s policy on the management of

communicable disease, as specified in N.J.A.C. 3A:52-7.11;

v. Discuss and distribute the Information to Parents document, as specified in

N.J.A.C. 3A:52-3.6(a); and

vi. Discuss and distribute the center’s policy on the expulsion of children from

enrollment at the center, as specified in (j) below.

(i) For school-age child care programs, the following shall apply:

1. Upon the child’s enrollment, the center shall:

i. Inform parents about the center’s days and hours of operation;

ii. Ask parents to inform the center about the individual child’s habits, dietary

needs, activities, behavior and development, if applicable;

iii. Inform parents about the center’s policies on releasing children and

administering medication and health care procedures;

iv. Give parents a copy of the center’s policy on the management of

communicable disease, as specified in N.J.A.C. 3A:52-7.11;

v. Give parents a copy of the Information to Parents document, as specified in

N.J.A.C. 3A:52-3.6(a);

vi. Give parents a copy of the center’s policy on the expulsion of children from

enrollment at the center, as specified in (j) below; and

vii. Inform parents about the center’s policy for serving meals and snacks when

the center is operating on days when the child’s school is not in session, if applicable.

(j) The center shall develop and follow a written policy on the expulsion of children from

enrollment at the center.

1. The expulsion policy shall include:

i. The circumstances under which a child may be expelled;

ii. The method that the center will use to notify parents of concerns that could

lead to expulsion, such as written notification or a parent conference;

iii. Sufficient time limits before expulsion to enable parents to make alternative

child care arrangements or to take the necessary corrective action to allow the child to remain

at the center, except as specified in (j)1iv below; and

iv. Circumstances that may warrant immediate expulsion of a child from the

center, such as potentially dangerous behavior by a child or parent.

2. The center shall not expel a child based solely on the child’s parent making a

complaint to the Office of Licensing regarding a center’s alleged violations of the licensing

rules or questioning a center directly regarding policies and procedures.

3. The center shall distribute a copy of the expulsion policy to the parent of each

enrolled child and secure and maintain on file a record of each parent’s signature attesting to

receipt of the policy.

4. If the center determines to expel a child, the center shall maintain on file a record

of the circumstances, parental notification, and corrective action taken.

(k) The center shall develop and follow a written policy on the use of social media

including, but not limited to:

1. The use of social networking sites and other websites;

2. The use of e-mail, text messages, and other electronic means of communication

with staff and parents;

3. The types of social media that the center uses;

4. The methods and devices the staff use to communicate with the parent;

5. The guidelines for appropriate conduct by staff members; and

6. The guidelines for parents, including but not limited to, prohibiting the posting

of photographs or videos of any child other than their own.

(l) The center shall distribute a copy of the social media policy to the parent of each

enrolled child and to each staff member and secure and maintain on file a record of each

parent’s signature and each staff member’s signature attesting to the receipt of the policy.

(m) In the event of temporary or permanent closure of the center, the center shall provide

advance notice to parents of enrolled children in sufficient time to enable parents to make

alternative child care arrangements.

SUBCHAPTER 7. HEALTH REQUIREMENTS

3A:52-7.1 Illnesses and communicable diseases

(a) A center that seeks to serve any children who have any of the illnesses, symptoms of

illness, or diseases specified in (c) and (d) below shall meet all applicable provisions of this

subchapter and all provisions of N.J.A.C. 3A:52-8.

(b) Under no circumstances shall any center serve or admit any child who has any

illness, symptom of illness or disease that a health care provider has determined requires the

child to be:

1. Confined to home under a health care provider’s immediate care; or

2. Admitted to a hospital for medical care and treatment.

1. A center serving well children shall not permit a child who has any of the illnesses

or symptoms of illness specified in (c)1i through xiii below to be admitted to the center on a

given day unless medical diagnosis from a health care provider, which has been

communicated to the center in writing, or verbally with a written follow-up, indicates that the

child poses no serious health risk to himself or herself or to other children. Such illnesses or

symptoms of illness shall include, but not be limited to, any of the following:

i. Severe pain or discomfort;

ii. Acute diarrhea, characterized as twice the child's usual frequency of bowel

movements with a change to a looser consistency within a period of 24 hours, or bloody

diarrhea;

iii. Two or more episodes of acute vomiting within a period of 24 hours;

iv. Elevated oral temperature of 101.5 degrees Fahrenheit or over or axillary

temperature of 100.5 degrees Fahrenheit or over in conjunction with behavior changes;

v. Lethargy that is more than expected tiredness;

vi. Yellow eyes or jaundiced skin;

vii. Red eyes with discharge;

viii. Infected, untreated skin patches;

ix. Difficult rapid breathing or severe coughing;

x. Skin rashes in conjunction with fever or behavior changes;

xi. Weeping or bleeding skin lesions that have not been treated by a health care

provider;

xii. Mouth sores with drooling; or

xiii. Stiff neck.

2. Once the child is symptom-free, or a health care provider indicates that the child

poses no serious health risk to himself or herself or to other children, the child may return to

the center.

3. If a child who has already been admitted to the center manifests any of the

illnesses or symptoms of illness specified in (c)1 above, the center shall remove the child

from the group of well children to a separate room or area, as specified in N.J.A.C.

3A:52-5.3(q)4, until:

i. He or she can be taken from the center; or

ii. The director or his or her designee has communicated verbally with a health

care provider, who indicates that the child poses no serious health risk to himself or herself or

to other children, at which time the child may return to the group.

4. The center may exclude a child whose illness prevents the child from participating

comfortably in activities or results in a greater need for care than the staff can provide

without compromising the health and safety of other children at the center.

(d) The following provisions relate to excludable communicable diseases:

1. The center shall not permit a child or staff member with an excludable

communicable disease, as set forth in the Department of Health's Reporting Requirements for

Communicable Diseases and Work-Related Conditions Quick Reference Guide, revised July

2011, and available at

http://www.nj.gov/health/cd/documents/reportable_disease_magnet.pdf, incorporated herein

by reference, as amended and supplemented, to be admitted to or remain at the center, until:

i. A note from the child's or staff member's health care provider states that the

child or staff member, respectively, has been diagnosed and presents no risk to himself,

herself, or to others;

ii. The center has contacted the Communicable Disease Program in the State

Department of Health, or the local health department pediatric health consultant, and is told

the child or staff member poses no health risk to others; or

iii. If the child or staff member has chicken pox, the center obtains a note from

the parent or staff member stating that all sores have dried and crusted.

3A:52-7.2 Attendance by children or staff members known to be infected with

Human Immunodeficiency Virus (HIV)

(a) The center should admit a child known to be infected with HIV, the virus that causes

Acquired Immunodeficiency Syndrome (AIDS), to the center.

(b) The center should not exclude a child known to be infected with HIV in order to

protect him or her from possible exposure to the infectious diseases of other persons at the

center.

with or is related to a person known to be infected with HIV.

(d) The director shall maintain the confidentiality of any child or staff member known to

be infected with HIV.

(e) The center shall not require the routine medical screening of children or staff

members in a center to detect the presence of HIV.

3A:52-7.3 Health and immunization requirements for children

(a) For early childhood programs, the following shall apply:

1. Each child not enrolled in a public or private school shall have had a health

examination performed by a health care provider within:

i. Six months prior to admission, for children who are 2½ years of age or

younger; or

ii. One year prior to admission, for children above 2½ years of age.

2. For each child not enrolled in a public or private school, upon admission, the

center shall maintain on file at the center a Universal Child Health Record (Department of

Health Form CH-14) or its equivalent, updated annually, along with an immunization record ,

and a special care plan, if applicable. A 30-day grace period is permitted in N.J.A.C. 8:57-

4.5(e):

i. For children coming from other states or countries in accordance with N.J.A.C.

8:57-4.6 and 4.7; and

ii. For children who are in foster care or experiencing homelessness as defined by

the McKinney-Vento Act, 42 U.S.C. § 11434a(2).

3. For children enrolled in a public or private school, the center shall obtain a written

statement from each child's parent indicating:

i.That the child is in good health and can participate in the normal activities of

the program; and

ii. Any conditions or specific needs that may require special accommodations.

4. If immunizations are contraindicated for medical reasons, the center may choose

to admit the child, provided that the parent submits to the center a written statement from a

health care provider attesting to the following:

i. The reason the immunization is medically contraindicated; and

ii. The specific time period that the immunization is medically contraindicated.

5. A child shall be exempted from a physical examination, immunization, or medical

treatment if the parent objects thereto in a written statement submitted to the center, signed

by the parent, explaining how the examination, immunization, or medical treatment conflicts

with the child’s exercise of bona fide religious tenets or practices.

i. Religiously-affiliated centers shall have the authority to withhold or grant a

religious exemption from the required immunization for children entering or attending their

centers without challenge by any secular health authority, as specified in N.J.A.C. 8:57-4.4.

ii. The center shall maintain the parent’s written statement on file as part of the

child’s record.

6. Those children with immunization exemptions may be excluded from the center

by the Office of Licensing or the Department of Health during a vaccine-preventable disease

outbreak or threatened outbreak, as determined by the State Commissioner of Health.

(b) For school-age child care programs, the following shall apply:

1. The center shall obtain a written statement from each child's parent indicating:

i. That the child is in good health and can participate in the normal activities of

the program; and

ii. Any conditions or special needs that may require special accommodations.

3A:52-7.4 Health requirements for staff members

(a) Prior to or upon beginning work at the center, each staff member whose job duties

require contact with the children for at least 20 percent of the center's weekly operating hours

shall take a Mantoux tuberculin skin test with five TU (tuberculin units) of PPD tuberculin,

except that the staff member shall have a chest x-ray taken if he or she has had a previous

positive Mantoux tuberculin test. The staff member shall submit to the center written

documentation of the results of the test and x-ray.

1. If the Mantoux tuberculin test result is insignificant (zero to nine millimeters (mm)

of induration), no further testing shall be required. The Office of Licensing or center may

at any time require a staff member to retake the Mantoux tuberculin test if there is reason

to believe or suspect that the staff member may have contracted tuberculosis or if the

State Department of Health recommends retesting.

2. If the Mantoux tuberculin skin test result is significant (10 or more mm of

induration), the individual shall have a chest x-ray taken. If the chest x-ray shows significant

results, the staff member shall not come in contact with the children unless he or she submits

to the center a written statement from a health care provider certifying that he or she poses no

threat of tuberculosis contagion.

(b) Prior to beginning work, each staff member whose job duties require contact with the

children for at least 20 percent of the center's weekly operating hours shall submit a written

statement from a health care provider, indicating that he or she is in good health and poses no

health risk to persons at the center. Such statement shall be based on a medical examination

within the six months immediately preceding such person's working at the center.

office the results of each staff member's:

1. Mantoux tuberculin test and chest x-ray when indicated; and

2. Physical examination.

(d) The sponsor or sponsor representative or director shall exclude a staff member who:

1. Exhibits the illnesses or symptoms of illness or diseases specified in N.J.A.C.

3A:52-7.1(c)1 and (d); or

2. Appears to be physically, emotionally or mentally impaired or who appears to

have a drug-induced or alcohol-induced condition that would endanger the health, safety, and

well-being of a child while the child is in the staff member's care. The director shall

document the action taken to exclude the staff member and maintain such documentation on

file. The center shall not permit the staff member to return to the center until the condition is

no longer present.

(e) When the affected staff member specified in (d) above serves as the director, then the

sponsor or sponsor representative shall take the necessary action specified in (d) above.

(f) When the affected staff member specified in (d) above is the sponsor or sponsor

representative, then the Office of Licensing shall take the necessary action specified in (d)

above.

3A:52-7.5 Administration and control of prescription and non-prescription

medicines and health care procedures

(a) The center shall inform each child’s parent upon enrollment of its policy on

administering medication and health care procedures to children, including the provisions

specified in (b) to (d) below. The policy shall indicate:

1. Whether the center will administer non-prescription medication or a non-prescribed

health care procedure to a child;

2. Whether the center will administer prescription medication or a prescribed health

care procedure to a child with a short-term illness; and

3. That the center will provide reasonable accommodations for the administration of

medication or health care procedures to a child with special needs, if failure to administer the

medication or health care procedure would jeopardize the health of the child or prevent the

child from attending the center.

(b) The center shall develop and follow a policy on the administration of medication

and health care procedures to children, which shall include the following provisions:

1. Medication and health care procedures shall be administered only after receipt of

written approval from the child's parent(s).

2. The center shall:

i. Designate those staff members who are trained as specified in N.J.A.C.

3A:52-4.8(a)8 and authorized to administer medication or health care procedures to, or to

supervise self-administration of medication or health care procedures by, those children

whose parents authorize it; and

ii. Ensure that each staff member designated to administer medication and

health care procedures is informed of each child's medication and health care needs.

3. All medication and health care equipment shall be kept either in a locked cabinet

or in an area that is inaccessible to the children.

i. All medication shall be kept in its original container.

ii. Medication shall be refrigerated if so indicated on the label.

iii. Unused or expired medication and health care equipment shall be returned to

the child’s parent or disposed of safely in a child-resistant waste receptacle when no longer

being administered.

4. All prescription medication for a child shall be:

i. Prescribed in the name of and specifically for the child; and

ii. Stored in its prescription container, which has been labeled with the child's

name, the name and expiration date of the medication, the date it was prescribed or updated

and directions for its administration.

5. The center shall limit the dispensing of non-prescription over-the-counter

medication to the following types of medicines, which shall be dispensed in accordance with

the recommended dosage for the age and weight of the child, as indicated on the label:

i. Antihistamines;

ii. Cough suppressants;

iii. Decongestants;

iv. Non-aspirin fever reducers and pain relievers; and

v. Topical preparations, such as sunscreen and diaper rash preparations.

6. The center may permit the dispensing of non-prescription medication other than

those listed in (b)5 above, or according to instructions other than those indicated on the label,

if the child's health care provider authorizes it in writing.

7. The center shall maintain on file a record of the following:

i. The child's name and parental authorization for the center to administer

medication or health care procedures;

ii. The name of the medication or health care procedure;

iii. The condition for which the medication or health care procedure is being used;

iv. The instructions for administration, including the dosage and frequency;

v. The date and time medication or a health care procedure was administered to a

child and the name or initials of the staff member who administered it; and

vi. Any adverse effect the medication can have or has had on the child;

8. If a child has a chronic health condition requiring the administration of prescription

or non-prescription medication or health care procedures on a long-term basis, the center

shall obtain from the child’s parent a written statement from a health care provider,

indicating:

i. The name of the child;

ii. The name of the medication or procedure;

iii The condition or indications for administration of the medication or procedure;

iv. The instructions for administration of the medication or procedure; and

v. The name and telephone number of the health care provider.

9. Before administering a health care procedure associated with a child’s health

condition, such as the use of a blood glucose monitor, nebulizer, or epinephrine pen, the

center shall ensure that all staff members who administer the procedure are taught to do so by

the child’s parent or another appropriately-trained person. There shall be at least two staff

members present at the center who are trained in such health care procedures.

10. The center shall store prescribed epinephrine pens in their original boxes with the

child’s name and prescription. A special care plan or other documentation from a health care

provider shall accompany the epinephrine pen. If two epinephrine pens are required, both

shall be available. Each center under the jurisdiction of N.J.S.A. 18A:40-12.5 shall store

back-up epinephrine pens on site consistent with the requirements stated at N.J.S.A. 18A:40-

12.5.e(1).

11. The center shall inform the child’s parent immediately if a child exhibits any

adverse effect of a medication or health care procedure.

1. The center shall ensure that all medication and health care procedures are

administered by designated staff.

(d) For school-age child care programs, the following shall apply:

1. Before the center administers or permits a child to self-administer medication or

health care procedures, the center shall:

i. Obtain written authorization for self-administration from the child's parent, if

applicable; and

ii. Ensure that the medication or health care procedure is administered by or under

the supervision of authorized staff.

3A:52-7.6 Injury to a child while in the center's care

(a) The center shall take immediate necessary action to protect the child from further

harm and shall immediately notify the child's parent(s) when one of the following occurs

while the child is in the center’s care:

1. A child is bitten and the skin is broken;

2. A child sustains a head or facial injury, including when a child bumps his or her

head;

3. A child falls from a height greater than the height of the child; or

4. An injury requiring professional medical care occurs.

(b) The center shall maintain on file a written record of each incident resulting in an

injury as specified in (a) above. These records shall include the following:

1. The name of the injured child;

2. The date, time and location of the incident;

3. The name and address of the center;

4. The name of the person completing the report;

5. The date the report was completed; and

6. A written description of the following:

i. The incident;

ii. The injury to the child;

iii. The names of witnesses to the incident; and

iv. The follow-up action taken by the center, including:

(1) Application of first aid; and

(2) Consultation or treatment by a licensed physician or other health care

provider, if applicable.

child's parent by the end of the day.

(d) Upon request of the child's parent, the center shall provide a written description of

the incident by the end of the next operating day.

(e) The center shall develop and follow a written policy for parental notification if a

method other than a telephone call is used at the center for parental notification.

1. The center shall distribute a copy of this policy to the parent of each enrolled child

and secure and maintain on file a record of each parent’s signature attesting to receipt of this

policy.

3A:52-7.7 Environmental sanitation requirements

(a) Disinfectants shall be used as follows:

1. The center shall disinfect those items specified in (a)3 below with a solution that

shall be either:

i. A commercially prepared disinfectant that indicates it kills bacteria, viruses, and

parasites. This solution shall be used in accordance with label instructions; or

ii. A self-made solution consisting of one-quarter cup of household bleach to each

gallon of water (one tablespoon per quart), which shall be prepared daily and placed in a

labeled, sealed container.

2. All areas to be disinfected shall first be washed with soap and water.

3. The schedule for disinfecting shall be as follows:

i. The following equipment items or surfaces shall be washed and disinfected after

each use:

(1) Washcloths made of fabric, when used for cleaning children;

(2) Thermometers;

(3) Items used by a child who becomes ill while at the center; and

(4) Sleeping mats that are not stored separately.

ii. The following items shall be washed and disinfected at least daily:

(1) Toilets and toilet seats;

(2) Sinks and sink faucets;

(3) Drinking fountains;

(4) Water table and water play equipment;

(5) Play tables; and

(6) Smooth surfaced non-porous floors in areas used by children.

iii. The following items shall be washed and disinfected at least weekly:

(1) Cribs, cots, mats, playpens, or other Office of Licensing-approved

sleeping equipment; and

(2) Sheets, blankets or other coverings.

iv. Tables used by the children for eating shall be washed and disinfected before

each meal.

(b) Centers that maintain outside sandboxes or play areas containing sand shall ensure

that:

1. Only asbestos-free sand is used; and

2. The sand is maintained in a safe and sanitary manner.

1. Pets kept by or located in the center, regardless of ownership, shall be:

i. Domesticated and non-aggressive;

ii. Free from disease;

iii. Vaccinated, if applicable, as prescribed by law or local ordinance. The record

of the vaccinations shall be maintained on file, along with the name and address of the

licensed veterinarian providing care for the pet(s);

iv If sick, removed from the area(s) occupied by children, until the pet has been

examined by a licensed veterinarian and has been diagnosed as presenting no risk to the

children;

v. Effectively controlled by leash, command, or cage; and

vi. Prohibited from the following areas:

(1) Areas and surfaces used for food preparation, storage or service;

(2) Areas used for cleaning or storing of food utensils and dishes; and

(3) Toilet facilities.

2. Animal waste shall be disposed of in sealed plastic bags in the outdoor garbage

receptacle.

(d) Smoking shall be prohibited in all rooms and outside play areas while such rooms

and areas are occupied by children. The center shall comply with each provision of P.L.

1998, c. 35 (N.J.S.A. 30:5B-5.3).

(e) For early childhood programs, the following shall apply:

1. In addition to the items specified in (a)3 above, the following equipment items or

surfaces shall be washed and disinfected after each use:

i. Toilet training chairs and potty seats that have first been emptied into a toilet;

ii Sinks and faucets used for rinsing a toilet training chair;

iii. Diapering surfaces;

iv. Toys mouthed by infants and toddlers before being given to another child; and

v. Bottles, nipples, and other feeding equipment.

2. All diaper pails and lids shall be disinfected daily.

3. Centers that toilet train children shall:

i. Utilize non-porous toilets, child-size toilets, toilet training chairs (potties), or

children's toilet seats for children being toilet trained;

ii Ensure that toilet training chairs are not used in kitchens or in the immediate

area where meals are being served; and

iii. Advise parents of the center's toilet training policy.

4. Poisonous plants shall not be kept in the center or in the outside play area used by

the children.

3A:52-7.8 Personal hygiene requirements

(a) Handwashing requirements are as follows:

1. The center shall ensure that children three months of age and older wash their

hands with soap and running water:

i. Before intake of food;

ii. Immediately after using the toilet or having diapers changed;

iii. Immediately after coming into contact with blood, fecal matter, urine, vomit,

nasal secretions, or other body fluids or secretions;

iv. Immediately after coming in contact with an animal's body secretions; and

v. Immediately after outdoor play.

2. For children under three months of age or for those children three months of age

and older wherein hand washing with soap and running water may not be developmentally

appropriate, the center may use an alternate means for hand washing, including but not

limited to disposable baby wipes.

3. When cloth towels are used by children, the towels shall be designated solely for

the individual child's use.

4. Staff members shall wash their hands with soap and running water immediately:

i. Before preparing or serving food;

ii. After toileting;

iii. After assisting a child in toileting;

iv. After caring for a child who appears to be sick;

v. After coming in contact with an animal's body secretions; and

vi. After coming into contact with blood, fecal matter, urine, vomit, nasal

secretions, or other body fluids or secretions.

(b) Staff members shall use disposable rubber gloves, which shall be discarded after each

use, when coming into contact with blood or vomit.

individually store toothbrushes in a manner that prevents the toothbrushes from touching

each other during storage.

(d) For early childhood programs, the following shall apply:

1. Diapering requirements for centers serving children who are not toilet trained are

as follows:

i. Staff members shall ensure that:

(1) Each child's diaper is changed when wet or soiled;

(2) Each child's bottom is washed and dried during each diaper change

with an individual disposable wash cloth, paper towel, or disposable diaper wipes; and

(3) The staff members' hands are washed after changing each diaper.

ii. Diapering area and surface requirements are as follows:

(1) Diapering shall not take place in an area or on a surface used for food

preparation, service, or eating.

(2) The diapering area shall be within 15 feet of a sink that is not used for

food preparation.

(3) The diapering surface shall be flat, smooth, clean, dry, non-absorbent,

and in good repair.

iii. Diapering supply requirements are as follows:

(1) A supply of clean diapers shall always be available.

(2) Diapering supplies, including diapers, shall be stored in an area out of

the children's reach but easily accessible to staff members during a diaper change.

(3) Equipment used for cleaning the diapering surface shall be restricted

for use in this area only and shall be disposable or laundered in hot soapy water.

(4) Staff members who use disposable gloves during a diaper change shall

dispose of these gloves after each use and shall wash their hands.

iv. Soiled diapers shall be disposed of as follows:

(1) Soiled disposable diapers shall be placed in a closed container that is

lined with a leakproof or impervious lining. Such diapers shall be removed from the center

daily and placed in a closed garbage receptacle outside the building.

(2) Soiled non-disposable diapers shall be placed in a sealed plastic

container that has been labeled with the child's name. Such diapers shall be returned to the

child's parent at the end of that day.

2. Clothing requirements are as follows:

i. A child's clothing shall be changed when wet or soiled.

ii. The center shall ensure that a change of clothing is provided for each child.

iii. Soiled clothes shall be:

(1) Placed in a sealed plastic container that has been labeled with the

child's name and returned to the child's parent at the end of that day for laundering; or

(2) Laundered at the center in a washing machine.

iv. For clothing soiled with fecal matter, the stool shall be emptied into the toilet.

3A:52-7.9 Illness log for early childhood programs

(a) For early childhood programs, the following shall apply:

1. The center shall maintain on file a log of the initial illnesses, symptoms of illness,

or diseases that are exhibited by each child while in the center’s care, as specified in N.J.A.C.

3A:52-7.1(c) and (d). This illness log shall include:

i. The child's name;

ii. The date and time the illness, symptoms of illness or diseases were observed at

the center;

iii. A description of the symptoms of illness manifested by the child;

iv. The action taken by the center to assist:

(1) The child who is demonstrating symptoms of illness; and

(2) The director in determining if exclusion of the child from the center is

necessary;

v. Any significant change in the child's symptoms of illness; and

vi. The date, if applicable, that:

(1) The child was removed from the center;

(2) The child returned to the center with a note from a health care provider

attesting to the child's admissibility to the center and recovery from a reportable disease, as

specified in N.J.A.C. 8:57;

(3) The child returned to the center with a parent’s note attesting that six

days have elapsed since the onset of chicken pox, or that all chicken pox sores have dried and

crusted; or

(4) The child returned to the center symptom-free.

3A:52-7.10 Reporting of illnesses, injuries, and reportable diseases

(a) The director, sponsor, or sponsor representative, upon learning that an enrolled child

or staff member at the center has been diagnosed as having contracted or is suspected of

having a reportable disease, as specified in N.J.A.C. 3A:52-7.1(d), shall report this

knowledge by the next working day to the local health department.

(b) The director, sponsor, or sponsor representative shall report the following

occurrences to the Office of Licensing by the next working day after the center learns of the

occurrence and shall submit documentation to the Office of Licensing within one week of the

occurrence of the incident:

1. The occurrence of an injury or illness while under the center’s supervision that

results in a child visiting the emergency room;

2. The occurrence of an injury or illness while under the center’s supervision that

results in a child’s admittance to the hospital;

3. The death of a child while under the center’s supervision; or

4. The occurrence of an injury or illness that results in a call to 911, on-site medical

or transported emergency care, or urgent care.

been injured by a dog, cat or other animal that is kept by or located at the center, and when

no physician attends such child, shall, within 12 hours of the injury, report the name, age,

sex, and address of the child to the local health department.

3A:52-7.11 Information to parents regarding the management of communicable

diseases

(a) Each center shall develop a written policy on the management of communicable

diseases. This policy shall include the following:

1. The list of illnesses and symptoms of illness for which a child will be separated

from the group and possibly sent home, as specified in N.J.A.C. 3A:52-7.1(c);

2. The list of diseases for which a child will not be readmitted to the center unless

accompanied by a statement from the child's health care provider, as specified in N.J.A.C.

3A:52-7.1(d); and

3. Assurance that during any outbreak of an excludable disease at the center, as

specified in N.J.A.C. 3A:52-7.1(d), each parent whose child may have been exposed to the

disease shall receive a written notice of the outbreak.

(b) The center shall distribute a copy of the policy on the management of communicable

diseases to the parent of each child enrolled and secure and maintain on file a record of each

parent’s signature attesting to receipt of the policy.

information to parents, as specified in N.J.A.C. 3A:52-8.5(b).

SUBCHAPTER 8. REQUIREMENTS FOR CENTERS SERVING SICK

CHILDREN

3A:52-8.1 Requirements for all centers serving sick children

(a) The provisions of this subchapter shall apply to any center that chooses to serve the

following:

1. Only children who have illnesses, symptoms of illness, or diseases, as specified in

N.J.A.C. 3A:52-7.1(c) and (d); or

2. Some children who have illnesses, symptoms of illness, or diseases, as specified in

N.J.A.C. 3A:52-7.1(c) and (d), as part of a sick child care component of a center primarily

serving well children.

(b) A center as set forth in (a) above shall also comply with all applicable provisions of

this chapter.

operation, including:

1. Those categories of illness for which the center will provide care;

2. The ages of children who will be served;

3. The center's infection control procedures;

4. The center's admission criteria, which shall include provisions for conducting

either:

i. A medical evaluation of arriving children by a New Jersey licensed physician;

ii. A physical assessment, known as a triage, of arriving children by a registered

nurse;

(1) The triage shall include, as appropriate to the demonstrated symptoms,

an assessment of the child's temperature, pulse, respiration, skin, eyes, nose, throat, mouth,

chest, abdomen, and extremities;

5. A provision encouraging the parents, before bringing the child to the center, to call

the center each day to:

i. Describe the child's illnesses, symptoms of illness, or diseases; and

ii. Determine if the center has an opening for the child;

6. For centers using a registered nurse as the admitting staff member, the physical

assessment criteria that are used to determine:

i. Appropriateness of a child's attendance at the center on that day; or

ii. A child's need to be examined by a licensed physician, prior to being admitted

to the center on that day;

7. The criteria and procedures for caring for or releasing children whose illnesses,

symptoms of illness, or diseases have worsened;

8. Methods and frequency of identifying and recording symptomatic changes

throughout the day;

9. The preparation, frequency, and serving of meals that are appropriate for the

child's illnesses, symptoms of illness, or diseases; and

10. The center's policy on communicating with parents concerning the child's

illnesses, symptoms of illness, or diseases.

(d) The center shall arrange for a New Jersey licensed physician to serve as its consulting

physician, providing medical advice and assistance on an on-call basis.

(e) The center shall have a governing board or an advisory board, which shall oversee

the development of and approve in writing its policies and procedures, as specified in (c)

above. The governing or advisory board shall include at least two of the following licensed

health professionals:

1. A physician licensed by the New Jersey Board of Medical Examiners;

2. A registered nurse licensed by the New Jersey State Board of Nursing; or

3. A local health official.

(f) The consulting physician shall approve in writing the policies and procedures

specified in (c) above.

3A:52-8.2 Admission criteria

(a) The center shall not admit a sick child below three months of age unless the child has

been seen and diagnosed by his or her health care provider who indicates in writing that the

child can be admitted.

(b) The center shall require that a parent or an adult authorized by the parent accompany

each child during admission to the center.

3A:52-8.3 Requirements for additional staff for centers serving sick children

(a) The staff requirements for centers serving sick children are as follows:

1. In addition to the staff members required in N.J.A.C. 3A:52-4.2, the center shall

ensure that a physician licensed by the New Jersey Board of Medical Examiners or a

registered nurse licensed by the New Jersey State Board of Nursing is at the center during the

hours children are in attendance.

2. The staff member specified in (a)1 above may also serve as the head teacher,

group teacher, or program supervisor where applicable, provided that:

i. The person meets the staff qualification requirements for such positions, based

on the center size and type, as specified in N.J.A.C. 3A:52-4.6(c) and (d); or

ii. The person has two years of work experience with children of the age group

being served.

3. In centers that primarily serve well children and provide sick care only as a

component of the overall program, the physician or registered nurse, as specified in (a)1

above, shall be required to be at the center for at least 50 percent of the sick care component's

daily operating hours, and shall be on call and available to come to the center immediately at

all other times, provided that the following conditions are met:

i. The physician or registered nurse is present at all times when children are being

admitted to the center;

ii. Sick care is provided only to children who are regularly enrolled in the center's

program serving well children;

iii. No more than eight children are served in the sick care component at any one

time;

iv. Children under six months of age are not admitted to the sick child care

component at any time;

v. The physician or registered nurse assesses that no child will be placed at risk

during the time when the physician or registered nurse is absent; and

vi. The on-call physician or nurse does not serve as the center's head teacher.

4. In centers specified in (a)3 above, the provisions specified in (a)3i through vii

above need not be met if the physician or registered nurse remains at the center during all

hours the children are in attendance.

(b) The responsibilities of the staff physician or registered nurse are as follows:

1. The physician or registered nurse, as specified in (a)1 above, shall be responsible

for developing and implementing the center's medical program, including:

i. Conducting the daily admission assessment of each child, as specified in

N.J.A.C. 3A:52-8.1(c)4;

ii. Maintaining records on each child, as specified in N.J.A.C. 3A:52-8.7(a); and

iii. Reviewing and administering medication, as specified in N.J.A.C.

3A:52-7.5(b), as applicable for each child.

Age of Child Staff/Child Ratio

Birth up to 3 months of age 1:1

3 months up to 18 months of age 1:3

18 months up to 2 ½ years of age 1:5

2 ½ years of age and above 1:7

(d) Grouping of children shall be as follows:

1. The center shall group children according to the illnesses categorized below:

i. Upper-respiratory;

ii. Gastro-intestinal;

iii. Chicken pox; and

iv. Any other illness that has been included in the center's admission policy.

(e) Additional staff training shall be provided as follows:

1. The center shall provide training for each new staff member upon beginning work

at the center and for all staff members annually.

2. Such training shall include:

i. Basic knowledge of first aid principles;

ii. Recognizing the symptoms of illness;

iii. Feeding sick children;

iv. When and how to call for medical advice;

v. Taking children's temperatures;

vi. Any other care that may be required for admissible illnesses and conditions;

vii. Infection control;

viii. Review of center policies and procedures;

ix. Child development, including activities for children who are sick; and

x. Communicating with parents concerning a child's illness.

3A:52-8.4 Requirements for additional physical facilities for centers serving sick

children

(a) There shall be a minimum of 50 square feet of net indoor floor space for each child.

(b) An individual room or a specific area within a large room, which is separated from

other areas of the room by a partition or room divider, shall be available to separate and

prevent contact between children who have different illnesses, symptoms of illness, or

diseases.

illnesses that require isolation shall provide an isolation room for these children. Each

isolation room shall have the following:

1. Continuous barriers that are floor to ceiling in height; and

2. Its own toilet facility, unless children using the isolation room can reach and use

another toilet facility without coming into contact with other children.

(d) The center shall provide soap for handwashing from a liquid soap dispenser.

(e) Centers that serve only sick children shall not be required to have the following:

1. An outdoor space for the children's physical activities or its equivalent, as

specified in N.J.A.C. 3A:52-5.4(a)7; and

2. A room or area in a separate section of the center for children who become ill, as

specified in N.J.A.C. 3A:52- 5.3(q)4.

(f) Centers that have a sick child care component, as specified in N.J.A.C.

3A:52-8.1(a)2, shall use separate play rooms and areas and separate toilet facilities for sick

and well children.

3A:52-8.5 Program requirements for centers serving sick children

(a) The center shall develop and provide a variety of children's planned daily activities

that are appropriate for the needs and the condition of children who are sick.

(b) The center shall make available to parents of prospective enrollees information in

writing on the center's program, including:

1. Illnesses, symptoms of illness, or diseases for which the center will provide care;

2. The center's admission criteria; and

3. The center's daily admitting procedures.

3A:52-8.6 Sanitation and infection control

(a) The center shall ensure that all washable items of play equipment, supplies, and toys

that one group of sick children, as specified in N.J.A.C. 3A:52-8.3(d), have contacted are

washed with soap and water and disinfected before allowing them to be used by another

group of sick children.

(b) The center shall ensure that all personal items belonging to a child are returned to the

parent each day.

3A:52-8.7 Requirements for additional records for centers serving sick children

(a) The center shall maintain on file the following additional records:

1. Admission assessment information on each child, as specified in N.J.A.C.

3A:52-8.1(c)4;

2. The written policies and procedures developed by the center, as specified in

N.J.A.C. 3A:52-8.1(c);

3. The written approval of policies and procedures by the center's governing board or

advisory board and by the consulting physician, as specified in N.J.A.C. 3A:52-8.1(e) and

(f);

4. Documentation of the training provided to all staff members, as specified in

N.J.A.C. 3A:52-8.3(e); and

5. The Information to Parents document, as specified in N.J.A.C. 3A:52-8.5(b).

SUBCHAPTER 9. TRANSPORTATION REQUIREMENTS

3A:52-9.1 Scope

(a) The provisions of this subchapter shall apply to:

1. Each center that provides or arranges for the provision of transportation for

children:

i. To or from their homes or other prearranged sites and the center; or

ii. In connection with an activity (such as a field trip) conducted by or through the

auspices of the center; and

2. Each person or agency other than the center that provides or arranges for the

provision of transportation for children to or from their homes and a center.

(b) Each center, person, or agency, as defined in (a) above, also shall comply with

applicable provisions of New Jersey Motor Vehicle Commission (MVC) law, pursuant to

N.J.S.A. 39:1-1 et seq., and the rules promulgated thereunder, as specified in N.J.A.C. 13.

3A:52-9.2 Vehicle definitions

(a) A Type I School Bus means a bus with a capacity of 17 to 54 passengers, as indicated

by the vehicle manufacturer, which has been painted in the color of uniform national school

bus yellow, and is required by the Motor Vehicle Commission (MVC) to have New Jersey

school vehicle Type I, "S1" designated license plates.

(b) A Type II School Bus means a bus with a capacity of 10 to 16 passengers, as

indicated by the vehicle manufacturer, which has been painted in the color of uniform

national school bus yellow if the bus was manufactured after April 1, 1977, and is required

by the MVC to have New Jersey school vehicle Type II, "S2" designated license plates.

passengers, as indicated by the vehicle manufacturer, and a gross vehicle weight rating of

3,000 pounds or more, which is required by the MVC to have New Jersey school vehicle

Type II, "S2" designated license plates.

3A:52-9.3 Vehicle requirements

(a) The center shall ensure that each vehicle used to provide transportation of enrolled

children to and from the center, as specified in N.J.A.C. 3A:52-9.1(a), except private

passenger vehicles, is equipped with the following:

1. Three triangular portable red reflector warning devices;

2. A fully charged fire extinguisher, with a gauge and with a minimum underwriters'

rating of 2A 10BC, which shall be located at the front and securely mounted to the right of

the driver in a way that does not constitute an obstruction or hazard to the passengers;

3. A seat belt cutter;

4. A removable first-aid kit located in an accessible place within the vehicle; and

5. Forward-facing seats, excluding folding seats and jump seats. Each seat exit shall

be clear of obstructions.

(b) The center shall ensure that each Type I School Bus has school vehicle Type I, "S1"

designated license plates and a valid School Bus inspection sticker issued by the Motor

Vehicle Commission (MVC).

designated license plates and a valid School Bus inspection sticker issued by the MVC;

(d) The center shall ensure that each Type S School Vehicle:

1. Has school vehicle Type II, "S2" designated license plates and a valid School Bus

inspection sticker issued by the MVC;

2. Is equipped with a spare tire and a jack; and

3. Meets the requirements specified by the MVC.

(e) The center shall use a Type I School Bus, Type II School Bus or Type S School

Vehicle at all times when transporting children, except as specified in (f) and (g) below.

(f) Any center may authorize staff members or parents of enrolled children to utilize

their own private passenger vehicles to transport children from the center to and from

scheduled center field trips, outings, or special events (such as visits to the zoo, library, or

museum) or to transport children from the center to a hospital, clinic, or office for medical

treatment, pursuant to N.J.S.A. 18A:39-20.1. However, staff members and parents may be

authorized to do so only if:

1. The vehicle has a capacity of nine or fewer persons;

2. The driver possesses a valid Basic automobile driver's license issued by the MVC

or a valid automobile driver's license issued by an approved out-of-State motor vehicle

agency for the state in which the driver is a legal resident;

3. The vehicle has a valid motor vehicle inspection sticker issued by the MVC or by

an approved out-of-State motor vehicle agency for the state in which the vehicle is legally

registered;

4. The vehicle owner possesses vehicle liability insurance at least at the minimum

amounts required by New Jersey State insurance law, pursuant to N.J.S.A. 17:28-1.1a, or at

least at the minimum amounts required by a state other than New Jersey in which the vehicle

is legally registered;

5. The center maintains transportation records on each vehicle, as specified in

N.J.A.C. 3A:52-9.7(b); and

6. The center ensures that the driver and additional adults apply the safety practices,

as specified in N.J.A.C. 3A:52-9.5(a) through (d) and (g) through (m).

(g) For school-age child care programs, the center may use an autobus under the

jurisdiction of the Department of Transportation when chartered for scheduled center field

trips, outings, or special events, provided that the driver and each additional adult apply the

safety practices, as specified in N.J.A.C. 3A:52-9.5(a) through (e), (h), and (j) through (m).

(h) A center that provides or arranges transportation for physically disabled non-

ambulatory children shall meet the additional vehicle requirements specified by the MVC.

3A:52-9.4 Driver licensing requirements

(a) If a center uses a Type I School Bus, Type II School Bus, or Type S School Vehicle,

the center shall:

1. Meet all applicable rules of the Motor Vehicle Commission (MVC), Department

of Education, and Department of Children and Families;

2. Ensure that each driver of such a vehicle possesses a valid Commercial Driver

License (CDL) in at least Class B or Class C, with a passenger endorsement, as required by

the MVC for the gross vehicle weight rating (GVWR) of the vehicle, or an out-of-State

equivalent license, as approved by the MVC; and

3. Submit a list of all drivers to the MVC when the vehicle is inspected by the MVC.

3A:52-9.5 Vehicle-related safety practices

(a) Children shall never be left unattended in a vehicle.

(b) Children shall be accepted and discharged from the curbside of the vehicle.

condition, with clear passage to operable doors.

(d) All vehicles that are utilized to transport children shall be equipped with car seats

(child passenger restraint systems) and booster seats that meet Federal motor vehicle safety

standards, as appropriate for the age and weight of the children transported, in accordance

with applicable provisions of Motor Vehicle Commission (MVC) law, pursuant to N.J.S.A.

39:3-76.2a and f or 39:3B-10 and 11, as applicable.

(e) The driver shall not transport more persons, including children and adults, than:

1. The occupancy of the Type I School Bus, as indicated by the vehicle

manufacturer; or

2. The occupancy of the Type II School Bus, Type S School Vehicle, or other

approved vehicle, as determined by the number of operable seat belts.

(f) The driver and each additional adult on the Type I School Bus shall ensure that:

1. All passengers are seated and remain seated when the bus is in motion; and

2. All passengers below 18 months of age are secured in the proper restraint system,

as specified in (d) above, when the bus is in motion.

(g) The driver and each additional adult(s) on the Type II School Bus, Type S School

Vehicle, and private passenger vehicle shall ensure that:

1. All passengers are seated and remain seated when the vehicle is in motion; and

2. Each child is secured in an operable seat belt or proper restraint system or booster

seat, if applicable as specified in (e) above, when the vehicle is in motion.

(h) There shall be no standees in any vehicle transporting children.

(i) The center shall conduct two emergency evacuation drills each year for passengers

who ride the Type I or Type II School Bus.

(j) The driver shall conduct a daily check of the vehicle, which shall include all safety

equipment, to ensure that the vehicle is in sound operating condition.

(k) The driver shall conduct a check of the vehicle, after each run is completed, to ensure

that no child has been left in the vehicle.

(l) Smoking shall be prohibited in all vehicles when occupied by children.

(m) For children below six years of age, the driver or additional adult(s) shall ensure that

each child discharged from the vehicle is received by his or her parent or person designated

by a child's parent.

(n) Children shall not remain in any vehicle for more than one hour at any given time on

a daily basis.

3A:52-9.6 Vehicle insurance

(a) Each center or person providing transportation services, as specified in N.J.A.C.

3A:52-9.1(a), shall:

1. Secure and maintain vehicle liability insurance for bodily injury or death in

minimum amounts as specified in N.J.A.C. 13:20-49H.1;

2. Maintain on file at the center a copy of the insurance policy or documentation of

current insurance coverage; and

3. Submit the insurance certificate to the Motor Vehicle Commission.

3A:52-9.7 Transportation records

(a) When the center transports children in a vehicle other than a private passenger

vehicle, as specified in N.J.A.C. 3A:52-9.3(f), or a chartered autobus, as specified in

N.J.A.C. 3A:52-9.3(g), the center shall maintain on file:

1. A record of each child transported;

2. The name and address of each driver;

3. A photostatic copy of each driver’s valid driver’s license; and

4. The year, make and model of each vehicle used by the center to transport children.

(b) For center-authorized drivers providing periodic transportation in private passenger

vehicles, the center shall maintain on file a checklist indicating that the provisions specified

in N.J.A.C. 3A:52-9.3(f) have been met.

as the additional adult(s) and the license numbers of the school bus(es) or vehicle(s) to which

they are assigned.

(d) The center shall maintain on file inspection and maintenance records for each vehicle,

other than a private passenger vehicle or chartered autobus, used by the center to transport

children. The center shall:

1. Ensure that each Type I School Bus, Type II School Bus, and Type S School

Vehicle is inspected by the Motor Vehicle Commission twice a year;

2. Ensure that the inspection and maintenance records for each vehicle meet the

requirements specified in N.J.A.C. 13:20-30.3; and

3. For vehicles that have been leased or otherwise contracted for, maintain on file the

name and address of the leaser or contractor furnishing the vehicle.

(e) The records specified in (d) above shall be retained in the center's files for the life of

the vehicle.

(f) Documentation of emergency evacuation drills for all passengers who ride the Type I

or Type II School Bus shall be maintained in a log containing the following information:

1. The date of the drill;

2. The number of passengers;

3. The time taken to evacuate the bus; and

4. The signature of the person conducting the drill.

(g) If transportation services are provided by the center, or by a firm under contract to or

other arrangement with the center, the center shall maintain on file a copy of its own vehicle

liability insurance, or of that firm's name and vehicle liability insurance coverage in the

amount(s) specified in N.J.A.C. 3A:52-9.6.

(h) The center shall obtain written authorization from the parent or guardian before

transporting a child to or from the center.

3A:52-9.8 Vehicle staff requirements

(a) When one or more children are being transported, there shall be one adult in

addition to the driver who remains in the vehicle when it is in motion, and who remains

within sight of the vehicle when it has stopped to accept or discharge children, from the time

the first child is picked up until the last child has reached his or her destination.

(b) When 13 or more children who are below 2 ½ years of age are being transported,

there shall be two adults in addition to the driver who remain in the vehicle when it is in

motion, and who remain within sight of the vehicle when it has stopped to accept or

discharge children, until fewer than 13 children remain, at which time one adult in addition to

the driver shall remain until the last child has reached his or her destination.

transportation of children, including, but not limited to, ensuring that children are secured in

appropriate restraints. The center shall train each regularly-scheduled driver and additional

adult as referred to in (a) and (b) above on this policy prior to starting his or her position.

INDEX

accidents. See injury to child

activities

age-appropriate, 54

art, 55

building, 55

child-selected, 54

dramatic play, 55

early childhood programs, 55

evening care, 55

infant/toddler, 55

language, 55

large muscle, 55

manipulative, 55

math, 55

music, 3, 55

outdoor, 54

physical, 54

school-age programs, 55

science, 55

sick children, 82

time frames, 54

written outline of, 55

ADA (Americans with Disabilities Act), 15, 33

administrative hearings, 11, 41

advertising by center, 8

advisory committee, 64

aerosol spray cans, 42

AIDS (Acquired Immunodeficiency Syndrome), 68

American Red Cross, 49

American Society for Testing and Materials, 58, 60

animals

bites by, 77

pets, 74

washing after contact with, 75

annual meeting, 64

appeal rights.. See administravtive hearing

application

Certificate of Life/Safety Approval, 12

child enrollment, 63

denial, 9, 10, 18, 35, 37

fee, 7, 12

license, 7, 9

staff employment, 17

archit XE "Office of Licensing:review of architectural plans

by" ectural plans for center, 40

asbestos, 47, 74

associate’s degree

for program supervisor, 31

associate’s degree

for group teacher, 27

atrium barriers, 43

attendance

maximum, 50

records, 23

attendance at staff development, 33

attic, 51, 52

bachelor’s degree

for director, 26

for sponsor, 13

bachelor's degree

for head teacher, 26

for program supervisor, 31

background checks. See CARI, CHRI

balconies, 43

barriers

between groups, 22

outdoors, 51

safety, 43

sick care, 82

bathroom. See toilet facility

bed linens

labeling and storing, 60

required, 59

use of, 59

washing and disinfecting, 74

beds. See sleeping equipment

behavior management staff development in, 32

bicycle helmets, 55

bites, 73, 77

blankets

changed, 60

not covering child's face, 59

required, 50, 59

storage, 60

washing, 74

bleach, 42, 73

booster seats, 86

bottles

feeding, 58

labeled and sanitized, 57

not carried by infants, 57

not propped or left in crib, 58

not warmed in microwave, 58

washing and disinfecting, 74

breakfast, 58

breast milk, 57

building code. See NJUCC

bus

charter, 85

bus charter, 87

bus, school:. See school bus

camp license, 4

car seats, 86

CARI (Child Abuse Record Information), 9, 17, 34–36

appeal of results, 36

confidentiality of records, 36

fee, 35

mandatory disqualification, 36

newly hired staff, 35

refusal to consent, 35

CARI checks, 34

carpeting, 42

CCP (Certified Child Care Professional), 28

CDA (Child Development Associate), 25, 29

CDL (Commercial Driver License), 86

Certificate of Life/Safety Approval

application requirements, 1, 50

eligibility, 1

fee, 12

regular, 5

removal, 9, 10, 34, 36

temporary, 6, 12

Certificate of Occupancy. See CO

Certified Child Care Professional. See CCP

chest x-ray, 69, 70

chicken pox, 68, 77, 82

Chicken pox, 81

child

definition of, 4

Child Abuse Record Information. See CARI

child abuse/neglect, 10, 35–39, 62

confidentiality of records, 36

hotline, 15, 33, 61

reporting, 15, 33

staff orientation, 32

Child and Adult Care Food Program, 57

child care center

definition of, 2

exclusion from definition, 2

exemption from licensure, 3

Child Care Center Licensing Law, 1

Child Care Resource and Referral agency, 11

child development

college credits

group teacher qualifications, 27, 28

head teacher qualifications, 27

program supervisor qualifications, 29

program at center, 24, 25

staff training in, 31

Child Development Associate. See CDA

child passenger restraint systems, 86

Children and Families, Department of. See Department of

Children and Families

Children’s Records Checklist, 63

children's records

attendance, 23

emergency contacts, 60, 63

enrollment, 63

illnesses, 76

injuries, 73, 77

maintance of, 14

medication and health care procedures, 71

child-size furniture, 56

CHRI (Criminal History Record Information), 10, 17, 36–39

appeal of results, 38

identifying information, 36

mandatory disqualification, 37

newly hired staff, 37

notification of results, 38

refusal to consent, 37

rehabilitation, 38

church-operated centers, 1, 3, 69

circle time, 23

closure XE "parent:notification:closure of center" of

center, 13

closure of center, 66

clothing, change of, 76

clubs exempt from licensing, 3

CO (Certificate of Occupancy), 8, 12, 40

communicable disease

exclusion XE "illness:exclusion of children" of children

and staff, 68

exclusion of children and staff, 68

policy, 15, 65, 77

reporting, 1

complaints, 11, 15, 65

computer

policy on use by children, 54

secured to stable surface, 43

conditional approval

group teacher, 28

head teacher, 27

confidentiality, 12, 36, 68

consulting head teacher

qualifications, 26–27

recreation centers, 27

responsibilities, 24

when required, 19

Consumer Product Safety Commission, 16, 58, 59, 60

corporal punishment

prohibited, 62

cots. See sleeping equipment

CPR (cardio-pulmonary resuscitation), 49

cribs, 49, 59, 60

aisle space, 49

bottles removed from, 58

children let out of, 55

Consumer Product Safety Commission Standards, 59

evacuation crib required, 49

stackable prohibited, 59, 60

criminal convictions

background checks. See CHRI

disclosure statement, 10, 17

mandatory disqualification, 37

rehabilitation, 38

reporting to Office of Licensing, 13

cups, not carried by infants, 57

damage to center, 13

death of a child, reporting, 13, 77

Department of Children and Families

authority for licensure, 1, 8, 14

child abuse bacground checks, 34

compliance with standards of, 1, 46

cooperation with investigations by, 12, 15

definition of, 4

inspection of records by, 9, 13

interviewing of children by, 15

regional schools, 4

reporting parent failure to pick up child to, 61

Department of Community Affairs, 45

Department of Education, 4, 26, 86

Department of Environmental Protection, 46

Department of Health

approval for center located in hospital, 42

asbestos testing and corrective action, 47

camp licensing, 4

caterer licensing, 56

communicable disease, 68

immunizations, 69

indoor environmental conditions, 46, 47

tuberculin skin test, 69

Universal Child Health Record, 69

department of health, local, 1, 44, 45, 68, 77

Department of Human Services, 2

diapering, 75, 76

dinner, 58

director

absence, 24

bachelor's degree, 26

child abuse/neglect by, 33

classroom responsibility, 24

definition, 4

designee, 24

general requirements, 17

group teacher serving as, 24

head teacher serving as, 24

hired by sponsor, 23

impairment, 70

observation of groups by, 23

observation of monitoring system, 23

on site at center, 4, 23, 24

qualifications, 25

serving as staff member, 18

signature on Staff Records Checklist, 17

sponsor serving as, 18

staff develpoment, 32

time at center, 24

training, 33

unfitness, 18

disabilities. See special needs

disaster plan, 48

discipline

policy

contents, 61

posting of, 62

signatures of staff members, 17

practices, 61

staff training in, 32

discrimination, law against, 15

disease

AIDS, 68

chicken pox, 77

communicable. See communicable disease

parent notification of outbreak, 78

reportable. See reportable diseases

staff training in recognition of, 32, 81

disinfectant use of, 73

Division of Motor Vehicles. See Motor Vehicle Commission

Division on Civil Rights, 15

DMV. See Motor Vehicle Commission

doctor. See health care provider

doors

monitoring, 52, 53

screening, 51

toilet facility, 52

vehicle, 86

drop-in program, 2

dry cleaner in building, 9, 46

early childhood programs

activities, 54

application requirements, 1

definition of, 5

diapering, 75

director qualifications, 25

food requirements, 56

group size, 22

group teacher

number required, 19

qualifications, 27

responsibilities, 24

head teacher

number required, 19

qualifications, 26

responsibilities, 24

health records, 69

illness log, 76

medical examination, 68

medication and health care procedures, 71

monitoring equipment, 52

parent involvement, 63

physical plant requirements, 51

primary caregiver, 22

rest and sleep, 59

sanitation, 74

staffing, 18

supervison on vehicle, 88

electric space heaters prohibited, 44

electrical outlets, 51

emergency

disaster plan, 48

evacuation

diagram, 48

from building, 48

from school bus, 86

parent contact telephone numbers, 48, 61, 63

procedures, 48

staff training in procedures, 32

emotional punishment prohibited, 62

employment, 98

emrollment conference, 64

enrollment

early childhood programs, 63

school-age programs, 63

environmental conditions, 45, 46, 47

epi-pen (epinephrine pen), 72

equipment for children's activities, 56

exemption from licensure, 3, 4

exits

emergency evacuation, 48

floor level, 49

vehicle, 84

explusion policy, 15, 65

falls, 72

family day care home, 2

fans, 44

Federal enclave, 2

feeding

plan, 22, 56

problems, 56

fees, 7, 35

fencing, 43, 51

field trips

2 staff XE "staff members:2 required" members

required, 20

permission from parent, 63

tracking of children, 20

transportation, 84, 85

fingerprinting. See CHRI

fire alarms, 48

staff orientation, 32

fire certificate, 41

fire code. See NJUFC

fire drills, 49

fire extinguisher, 48, 49, 84

fire inspection, 1, 41, 42

first aid

2 trained staff required at center, 49

kit, 48, 84

manual, 49

record of injury, 73

training, 81

floors, 42, 74

food

discarded when unused, 57

discarding when unused, 57

early childhood program, 57

force-feeding prohibited, 56

infant/toddler, 57

inspected for spoilage, 57

preparation and storage, 56

preparation area, pet prohibited, 74

school-age programs, 58

sharing utensils prohibited, 57

special diets, 56

supply at center, 56

withholding prohibited, 62

full-time staff, 33, 69

funeral home in building, 9

garbage receptacle, 42, 43, 74, 76

gas station in building, 46

general safety requirement, 50

glucometer (glucose monitor), 72

governing board, 80

group size

early childhood programs, 22

infant/toddler programs, 22

school-aged child care programs, 23

staff orientation, 32

group teacher

absence, 24

assisting head teacher, 24

certificate, 28

conditional approval, 28

in lieu of head teacher, 24

number required, 19

qualifications, 27

recreation centers, 28

responsibilities, 24

serving as director, 26

sick child care, 80

staff development, 33

substitute, 23

training, 33

handwashing, 75, 82

hazardous NJUCC XE "NJUCC (New Jersey Uniform

Construction Code)" groups, 45

hazards

adjacent to center, 9, 47

adjacent to outdoor play areas, 51

asbestos, 47

environmental, 45

grounds for removal of license, 10, 11

lead paint, 45

on walks, 64

play equipment and materials, 49

playground, 43

tripping, 42

head injury, 72

Head Start, 7

head teacher

absence, 24

assisted by group teacher, 24

certificate, 26

classroom responsibilities, 24

conditional approval, 27

consulting, 19

number required, 19

observation of staff by, 24

qualifications, 26

recreation centers, 27

responsibilities, 24

serving as director, 24

sick child care, 80

special needs, 19

staff development, 33

substitute, 24

time at center, 24

utilized for group teacher, 19

health care provider

authorization

admission of a sick child, 67

admission of sick child, 80

sleep position, 59

special diet, 56

autorization

exemption from immunizations, 69

children's records, 63

definition of, 5

health care procedures, 71

physical examination. See medical examination

treatment of injury, 73

treatment of skin lesions, 67

tuberculin skin test, 70

health certificate, 41

health examination. See medical examination

health inspection. See sanitary inspection

health records

children, 69

staff, 17, 70

Health, Department of. See Department of Health

heating, 44

high chair, 58

HIV (AIDS virus), 68

home

center located in, 2

family day care, 2

hospital

admission of child to, 13, 67, 77

center located, 42

identified in emergency records, 48

transportation of child to, 85

hours of care, 2, 6

hygiene, 75

IEHA (Indoor Environmental Health Assessment), 46

illness

admission of child to hospital, 13, 77

exclusioin of staff, 68

exclusion, 76

exclusion of children, 68

records, 76

reporting. See reportable diseases

symptoms, 76

illness log, 76

immunizations

exemption from, 69

record of child's, 63, 69

inactivity limited, 54, 61

infant/toddler

children let out of cribs, 55

cribs, 59

feeding requirements, 58

floor level of exit discharge, 49

group size, 22

NJUCC group, 40

primary care giver, 22

prohbit the use of pacifier straps, 60

sleeping equipment, 59

sleeping requirements, 59

supervision on vehicle, 88

swaddling prohibited, 59

television/computer use prohibited under 2 years, 54

tummy time required, 55

infection control

centers serving sick children, 79

staff training in, 32

Information to Parents document, 14, 16, 17, 63, 65

injury to child, 13, 72, 77

insect infestation, 42, 43

Institutional Abuse Investigation Unit, 10, 12, 13, 34

insurance

liability, 14

vehicle, 85, 87, 88

job descriptions, required, 23

juice, 58

Juvenile Products Manufacturers Association, 58, 60

kindergarten, 2, 3, 5

kitchen

barrier, 51

sanitary inspection, 41

sanitation, 42, 44

use by children, 51

LAD (Law against Discrimination), 15

lally columns, 51, 52

language activities, 55

large muscle activities, 55

Lead paint, 45

license

application, 7

camp, 4

denial, 4

driver's, 85, 87

exemption from licensure, 3

expiration date, 8

fee, 7

mandatory, 2, 7

multiple centers, 9

non-renewal, 5, 9, 10, 11, 18, 34, 35

not transferable, 8

notifying parents of action against, 11

posting, 8, 14

previous removal, 10, 18

regular, 5, 7

revoation, 37

revocation, 5, 10, 18, 35

suspension, 6, 18, 34, 35, 37

temporary, 6, 8

voluntary, 1

license plate, 84, 85

licensed capacity, 5, 19, 50

licensing regulations, staff training in, 32

Licensing, Office of. See Office of Licensing

Life/Safety Approval. See Certificate of Life/Safety

Approval

light

bulb and protective covers, 44

illumination level required, 44, 52

lockdown

2 drill per year, 48

disaster plan for, 48

lunch, 58

Madden legislation (environmental conditions), 46

manipulative activities, 55

Mantoux test, 17, 69

master's degree

for director, 25

for head teacher, 26

math activities, 55

mats. See sleeping equipment

mattress, 59, 60

maximum attendance. See licensed capacity

meals

early childhood programs, 58

school-age programs, 58

sick children, 79

medical examination

children, 68

exempt from, 69

sick children, 79

staff, 17, 70

medication and health care procedures

2 trained staff required, 72

administration by designated staff, 71, 72, 81

authorization, 71

chronic condition, 72

policy, 15, 65, 70

records, 72

self-administration by child, 71, 72

special needs, 71

staff training in, 32, 71

medication storage, 71

microwave ovens, 43, 58

milk required, 57, 58

mirrors

bathroom, 44

monitoring, 52

monitoring system, 23, 52, 53

Montessori, 26

Motor Vehicle Commission, 84, 85, 86, 87, 88

Motor Vehicle, Division of. See Motor Vehicle Commission

multi-use building, 9, 13

music activities, 3, 55

MVC. See Motor Vehicle Commission

nail salon in building, 46, 47

naps. See sleep

nebulizer, 72

New Jersey Infant/Toddler Credential, 25, 28

New Jersey Registry for Childhood Professionals, 27, 28, 31

night care, 2, 60

NJDMV. See Motor Vehicle Commission

NJMVC. See Motor Vehicle Commission

NJUCC (New Jersey Uniform Construction Code), 40, 41,

45, 47, 51, 52

NJUFC (New Jersey Uniform Fire Code), 41, 49, 52

non-custodial parent, 61

non-discrimination law, 15

non-prescription medication, 70

NRPA (National Recreation and Park Association), 27, 28,

29, 30

nurse, 5, 79, 80, 81

nutrition

infant/toddler feeding plan, 57

meals and snacks, 58, 65

staff training in, 31

Office of Licensing, 11, 14, 31

authority for licensure, 2, 14

definition of, 5

inspection of records by, 1, 14

inspection of site by, 1, 15

investigation of complaints by, 11

notifying parents of action against license, 11

public access to records XE "public access to records"

of, 12

reporting to, 13, 77

review of architectural plans by, 40

open door programs, 2

open house, 64

orientation of staff, 23, 32, 33

outdoor lighting, 44

outdoor play, 9, 43, 48, 55, 75

outdoor play area. See playground

outdoor space, 43, 51, 52, 82

over-the-counter medication, 71

paint

art activities, 56

condition, 43

lead. See lead paint

parent

access to inspection records, 15

accompaning admission of sick child, 80

address provided to center, 63

address provided to Office of Licensing, 11

concerns discussed with center, 15

conferences, 64

definition, 5

drivers on field trips, 63, 85

failure to pick up at closing time, 61

food provided by, 56

impaired, 61

information about sick child care program, 83

Information to Parents document, 14, 63

involvement in center operations, 15, 63

membership on center's board, 64

non-custodial, access to child, 61

notification

action by Office of Licensing against license, 11

closure of center, 13, 66

communicable disease policy, 78

emergency evacuation, 48

explusion policy, 15, 65

injury to child, 72

lead paint hazard, 45

unusual incident, 22, 34

objection to immunization or medical examination, 69

permission

admission of child with chicken pox, 68, 77

emergency medical treatment, 48, 63

field trips, 63, 64

medication and health care procedures, 71

release of child, 60, 63

special diet, 56

transportation of child, 88

walks, 64

receiving child discharged from vehicle, 87

release of child to, 60

rights, 14

signature for explusion policy, 65

signature for Information to Parents document, 16, 63

statement of school-age child’s health, 69

visitation by, 15, 63, 64

passenger vehicle, 63, 84, 85, 86, 87

pesticides, 42

pets, 74

physical activity

required, 54

staff training in, 33

withholding prohibited, 61

physical assessment, 79

physical examination. See medical examination

physician. See health care provider

admission of a sick child, 80

consulting, 80, 83

identified in emergency records, 48

sick child care board, 80

sick child care staff, 80, 81

treatment of injury, 72

pillows removed from cribs, 59

plan review by Office of Licensing, 40

playground

barriers, 51

community use of, 43

equipment, 43

indoor space in lieu of, 52

location of, 51

maintenance of, 43

outdoor play required, 55

resilient surfacing, 43

safe walking route, 51

square feet required, 51

tracking of children on, 20

when required, 51

Playground Safety Subcode, 43

playpens. See sleeping equipment

poison control hotline, 48

poisonous plants prohibited, 75

posting

discipline policy, 15, 62

field trip permission list, 63

license, 8, 14

Life Hazard Use Registration certificate, 41

notice of walks, 64

radon test, 43

room diagram, 15

rooms approved for use by the Office of Licensing, 15

special diets, 56

water test, 43

potty seats, 74

pre-kindergarten, 2, 3, 5

prescription medication, 71

primary caregiver, 22, 32

prior use of building, 45

private school

children at center enrolled in, 5, 69

Professional Impact New Jersey, 27, 28, 31

program supervisor

absence, 24

number required, 19

qualifications, 29

responsibilities, 25

serving as director, 26

sick child care, 80

staff development, 33

substitute, 24

time at center, 25

training, 33

public access to records, 12

public school

child care center located in, 40

children at center enrolled in, 5, 69

radiators, 44

radon, 43, 47

railings, 43

ratio, staff/child. See staff/child ratio

recordkeeping responsibility, 23

references, staff, 17

refrigerator, 57, 58

regularly scheduled staff, 6, 17, 34, 35, 37

release of children

policy, 15, 60

staff training in, 32

to authorized persons, 60

unsupervised, 61

religion

exemption from immunization, 69

exemption from licensing, 3

special diets, 56

relocation of a center, 7, 13, 45, 46, 47

renewal of license, 7, 8, 34, 35, 42, 45, 46, 47

renovation of center, 40, 41

reportable diseases, 77

reporting

child abuse/neglect, 15, 32

to health department, 44, 45, 77

to Office of Licensing, 13, 77

rest. See sleep

rodent infestation, 42, 43

room temperature, 44

rubber gloves, 75

sandboxes, 74

Sanitary Code, 41, 42, 44

sanitary inspection, 41, 42

school bus

definition of, 84

discharge of children from, 86

driver's license, 86

inspection of, 84

license plates, 84, 85

maximum occupancy, 84, 86

records, 87

school district, child care programs operated by, 3

school-age child care programs

activities, 55

application requirements, 2

definition of, 5

discpline policy, 62

enrollment information, 65

food requirement, 58

group size, 23

health records, 63, 69

medication and health care procedures, 72

physical plant requirements, 40, 52

program supervisor

number required, 19

qualifications, 29

responsibilities, 25

release of children, 61

staffing, 21

science activities, 55

seasonal centers, 1, 12

seat belt cutter, 84

seat belts, 86

sensory activities, 55

Shaken Baby Syndrome, 32

shelving, 43

sick child

exclusion criteria, 67

isolation area, 82

re-admission to center, 77

sick child care

activities, 82

admission criteria, 80

grouping, 82

physical facilities, 82

records, 83

sanitation, 82

staff, 80

staff training, 81

staff/child ratios, 81

sinks

diapering area, 76

early childhood programs, 51

maintenance of, 42, 74

platforms, 44

school-age programs, 52

washing and disinfecting, 74

sippy cups

labeled with child's name, 57

not carried when walking, 57

sleep

early childhood programs, 59

face-up position, 59

garments, 60

infant/toddler programs, 59

lighting required, 52

staff/child ratio, 20

staff/child ratios, 20

swaddling prohibitied, 59

withholding prohibited, 61

sleeping equipment

aisle space, 49

cots, 59, 60, 74

cribs, 49, 55, 59, 60, 74

labeling, 60

mats, 59, 74

night care, 60

one child at a time, 60

playpens, 49, 55, 59, 60

safety standards, 59

sick children, 50

washing and disinfecting, 74

smoking prohibited, 10, 74, 87

snacks

components of, 58

when required, 58

soap, 44, 73, 75, 82

social media policy, 65

Social Security number, 35

space

approval by Office of Licensing, 13, 49

diagram posted, 15

inaccessible if unapproved, 50

indoor in lieu of outdoor play area, 52

labeling of, 50

remote, 50

square feet required

indoor, 50

outdoors, 51

sick child care, 82

spare tire, 85

special care plan, 69, 72

special needs, 2, 19, 21, 32, 33, 48, 55, 69, 71

sponsor

bachelor's degree, 13

CARI check, 34

child abuse/neglect by, 34, 36

CHRI check, 36

definition of, 5

fingerprinting, 36

general requirements, 17

impairment, 70

issuance of license to, 7

legal responsibility, 13

multiple centers, 8

notice of enforcement, 10

records, 17

representative of corporate entity, 5, 13

responsibilities, 13, 23

serving as director, 18

unfitness, 10, 18

square feet. See space

stackable cribs prohibited, 59, 60

staff development

consulting head teacher, 25

director, 33

director designee, 24

documentation of, 33

group teacher, 33

head teacher, 33

orientation, 32

program supervisor, 33

required hours and areas, 33

responsibility, 23

sick child care, 81

tracking method, 20

staff members

2 required, 20, 22, 88

age of, 21

CARI checks, 34

child abuse/neglect by, 34, 36

CHRI checks, 36

definition of, 6

fingerprints, 36

general requirements, 17

illness, 68, 70

impairment, 70

medical examination, 70

newly hired, 32, 35, 37

observation by director, 23

observation by head teacher, 24

on field trips, 20

on vehicles, 88

primary caregiver, 22

regulary scheduled, 17

reportable diseases, 77

sick child care, 79

signature for discpline policy, 17

signature for Information to Parents document, 16

supervision, 23

supplemental, 49

termination of employment, 10, 18, 36, 39

toilet facility for, 53

tuberculin skin test, 69

types required, 19

unfitness, 10, 18

staff qualifications

director, 26

documentation of, 17

group teacher, 29

head teacher, 27

program supervisor, 32

staff records

attendance, 23

maintenance of, 14, 18

regularly scheduled staff, 17

required, 17

Staff Records Checklist, 17, 18, 25, 33

staff training. See staff development

staff/child ratio, 18, 20, 21, 22, 49

chart of, 20

computation of, 21

for Certificate of Life/Safety Approval centers, 37

for mixed ages, 21

for sick child care, 81

for special needs, 21

in remote areas, 50

in rest periods, 20

on field trips, 20

on vehicles, 88

stairways, 42

substantial compliance, 6, 8, 12

substitute staff, 6, 23

sugar sweetened beverages prohibited, 56

summer programs. See seasonal centers

supervision of children

at all times, 20

during administration of medication and health care

procedures, 72

during arrival and departure, 20

during outdoor activities, 20

during rest and sleep, 20

during time-out, 62

in swimming pools, 47

on field trips, 20

on playgrounds, 20

on vehicles, 86, 88

staff orientation, 32

tracking method, 20

when parent fails to pick up at closing time, 61

when toileting, 20

supervision of staff, 21, 23, 32

supplemental evacuation requirements, 49

swimming pools, 47

table of organization required, 23

tables

washing and disinfecting, 74

teacher certification, 26

telephone, 11, 14, 63

television

ploicy on use by children, 54

secured on stable surface, 43

used for staff development, 33

time-out, 62

toilet facility

early childhood programs, 51

equipment and supplies, 44

handwashing after use, 75

privacy, 52

school-age programs, 52

sick children, 82

toilet training, 22

chairs (potties), 74

policy, 65, 75

toilets

maintenance of, 42

pets prohibited from, 74

platforms, 44

washing and disinfecting, 74

toothbrushes, 75

towels, 44, 75

toxic substances, 42, 49, 56

toys

early childhood programs, 54

infant/toddler, 55

safety, 56

washing and disinfecting, 74, 82

tracking children, 20, 32

training

administration of medication/health care procedures,

first aid/CPR, 49

in-service. See staff development

pre-service. See staff qualifications

triage, 79

trips. See field trips

tuberculin skin test, 17, 69

understanding licensing regulations, 24, 32, 33

Uniform Construction Code. See NJUCC

Uniform Fire Code. See NJUFC

Universal child Health Record, 69

unusual incidents, 22, 34

use group. See NJUCC (New Jersey Uniform Construction

Code)

ventilation outlets, 43

volunteer staff, 6, 64

walking route to outdoor play area, 51

walks

hazards, 64

outdoor play, 64

permission from parent, 63

staff/child ratio, 22

walls, maintenance of, 42

water

drains, 43

drinking, 56, 58

fountains, 74

leaks, 42, 43

pipes, 44

temperature

early childhood programs, 51

school-age program, 52

tests, 43, 46

water table

washing and disinfecting, 74

web site use for staff development, 33

window blind cords, 43

windows

guards, 42

monitoring, 53

screening, 51, 52