New Jersey-2014-S1939-Introduced

An Act concerning child care centers and amending P.L.1983, c.492.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 5 of P.L.1983, c.492 (C.30:5B-5) is amended to read as follows:

5. a. The department shall have responsibility and authority to license and inspect child care centers. The commissioner shall promulgate rules and regulations for the operation and maintenance of child care centers which shall prescribe standards governing the safety and adequacy of the physical plant or facilities; the education, health, safety, general well-being and physical and intellectual development of the children; the quality and quantity of food served; the number of staff and the qualifications of each staff member; the implementation of a developmentally appropriate program; the maintenance and confidentiality of records and furnishing of required information; the transportation of children; and the administration of the center. The commissioner shall also promulgate rules and regulations for license application, issuance, renewal, expiration, denial, suspension and revocation. In developing, revising or amending such rules and regulations, the commissioner shall consult with the Child Care Advisory Council created pursuant to section 14 of P.L.1983, c.492 (C.30:5B-14), and with other appropriate administrative officers and agencies, including the Departments of Health and Senior Services, Education, Labor and Workforce Development, Community Affairs and the [Division of Motor Vehicles] Motor Vehicle Commission giving due weight to their recommendations. The rules and regulations promulgated pursuant to this act shall be adopted and amended in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

b. The department shall conduct an [on site] annual on-site facility inspection and shall evaluate the program of the child care center to determine whether the center complies with the provisions of this act.

c. Any rule or regulation involving physical examination, immunization or medical treatment shall include an appropriate exemption for any child whose parent or parents object thereto on the ground that it conflicts with the tenets and practice of a recognized church or religious denomination of which the parent or child is an adherent or member.

d. The department shall have the authority to inspect and examine the physical plant or facilities of a child care center and to inspect all documents, records, files or other data maintained pursuant to this act during normal operating hours and without prior notice.

e. The department shall request the appropriate State and local fire, health and building officials to conduct examinations and inspections to determine compliance with State and local ordinances, codes and regulations by a child care center. The inspections shall be conducted and the results reported to the department within 60 days after the request.

f. Nothing in this act shall be interpreted to permit the adoption of any code or standard which exceeds the standards established pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.).

g. Any rules and regulations adopted by the department pursuant to this act prescribing standards governing the safety and adequacy of the physical plant or facilities of child care centers shall not apply to a child care center operated by a nonprofit organization in a public school building used as a public school.

h. The department shall have the authority to investigate any complaint lodged against a licensed child care center to determine whether the child care center is in violation of P.L.1983, c.492 (C.30:5B-1 et seq.) or department rules and regulations adopted pursuant thereto. Upon receipt of a complaint, the department shall conduct an on-site inspection or evaluation of the child care center's program within three days.

After the investigation is completed, the department shall notify the sponsor of the child care center personally, or by certified or registered mail to the last known address of the sponsor with return receipt requested, of the results of the investigation, except that information prohibited from being disclosed pursuant to section 1 of P.L.1977, c.102 (C.9:6-8.10a), shall remain confidential.

i. (1) The department shall compile information about inspection violations and complaint investigations for the current licensing period of each licensed child care center, and prepare a summary of information by child care center, which the department shall make available on its official Internet site or in writing to a member of the public, upon request. The information on the Internet site shall be provided in a manner that will enable a member of the public to search the Internet site by name of a child care center or its owner in order to access the information, and shall be updated quarterly.

(2) The summarized information for the current licensing period for each licensed child care center shall include, but not be limited to:

(a) the name of the owner of the child care center;

(b) the number of violations committed by the child care center;

(d) a brief description of each violation or substantiated complaint; and

(e) a comparison of the number of violations or substantiated complaints at the child care center to other licensed child care centers in the same county in which the child care center is located and to all other licensed child care centers in the State.

(3) The summarized information prepared pursuant to this subsection shall not contain any identifying information about a child or staff member of any licensed child care center.

(cf: P.L.2000, c.122, s.2)

2. Section 7 of P.L.1983, c.492 (C.30:5B-7) is amended to read as follows:

7. If the department determines that, although in substantial compliance, a child care center does not meet all the applicable provisions of this act and the rules and regulations promulgated hereunder, but that the extent of the center's deviation from legal requirements is not deemed hazardous to the education, health, safety, general well-being, and physical and intellectual development of the children, the department may issue a temporary license which may be issued for a period up to six months. The department may renew the temporary license as often as it deems necessary; but no child care center may operate with a temporary license for more than a total of [18] 12 months.

(cf: P.L.1983, c. 492, s. 7)

3. The Commissioner of Children and Families shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.

4. This act shall take effect immediately.

STATEMENT

This bill makes various statutory changes to the "Child Care Licensing Act," (N.J.S.A.30:5B-1 et seq.). Specifically, the bill stipulates that the Department of Children and Families shall conduct an annual on-site inspection of a child care center to determine if the center complies with the provisions of the law. The bill also prohibits a child care center from operating with a temporary license for more than a total of 12 months, instead of the 18 months that is currently allowed.

Under the provisions of the bill, the department shall have the authority to investigate any complaint lodged against a licensed child care center to determine whether the child care center is in violation of the licensing law. The department shall investigate the complaint by conducting an on-site inspection or evaluation of the child care center's program, within three days of receipt of the complaint. Once the investigation is completed, the department is then required to notify the sponsor of the child center, either in person or by certified or registered mail, of the results of the investigation, except that information prohibited from being disclosed pursuant to current law, shall remain confidential.

The bill also mandates that the department compile information about inspection violations and complaint investigations for the current licensing period of each licensed child care center, and prepare a summary of the information by child care center. The department shall make the information available on its official Internet site or in writing to a member of the public, upon request. The information on the Internet site shall be provided in a manner that will enable a member of the public to search the site by name of a child care center or its owner in order to access the information, and the department shall update the information quarterly.

The information shall include, but not be limited to: the name of the owner of the child care center; the number of violations committed by the child care center; the number of department investigations of substantiated complaints lodged against the child care center; a brief description of each violation or substantiated complaint; and a comparison of the number of violations or substantiated complaints at the child care center to other licensed child care centers in the same county in which the child care center is located and to all other licensed child care centers in the State.

Finally, the bill requires that the summarized information prepared pursuant to the bill not contain any identifying information about a child or staff member of any licensed child care center.