Bill Text: NJ S1941 | 2018-2019 | Regular Session | Introduced
Bill Title: Permits family day care providers to care for up to 10 children; requires criminal history record background checks for family day care providers and certain household members.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-22 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S1941 Detail]
Download: New_Jersey-2018-S1941-Introduced.html
Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
SYNOPSIS
Permits family day care providers to care for up to 10 children; requires criminal history record background checks for family day care providers and certain household members.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning family day care homes, amending P.L.1987, c.27, and supplementing Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1987, c.27 (C.30:5B-17) is amended to read as follows:
2. The Legislature finds that it is in the public interest to fund and develop a system for the [voluntary] mandatory registration of family day care providers to assure care, maintenance and supervision for children which will be beneficial to their health, safety, welfare and development.
(cf: P.L.1987, c.27, s.2)
2. Section 3 of P.L.1987, c.27 (C.30:5B-18) is amended to read as follows:
3. As used in this act:
a. "Certificate of registration" means a certificate issued by the department to a family day care provider, acknowledging that the provider is registered pursuant to the provisions of this act.
b. "Department" means the Department of Children and Families.
c. "Family day care home" means a private residence in which child care services are provided for a fee to no less than three and no more than [five] ten children at any one time for no less than 15 hours per week; except that the department shall [not] exclude a family day care home with less than three children from [voluntary] mandatory registration. A family day care home providing child care services to more than five children shall meet all applicable health and safety requirements in addition to the provisions of P.L.1987, c.27 (C.30:5B-16 et seq.), and have at least one assistant or substitute provider who has completed training required pursuant to section 6 of P.L.1987, c.27 (C.30:5B-21) present at all times providing care to the children. A child being cared for under the following circumstances is not included in the total number of children receiving child care services:
(1) The child being cared for is legally related to the provider; or
(2) Care is being provided as part of an employment agreement between the family day care provider and an assistant or substitute provider where no payment for the care is being provided.
d. "Family day care provider" means a person at least 18 years of age who is responsible for the operation and management of a family day care home.
e. "Family day care sponsoring organization" means an agency or organization which contracts with the department to assist in the registration of family day care providers in a specific geographical area.
f. "Monitor" means to visit a family day care provider to review the provider's compliance with the standards established pursuant to [this act] P.L.1987, c.27 (C.30:5B-16 et seq.).
(cf: P.L.2006, c.47, s.166)
3. Section 4 of P.L.1987, c.27 (C.30:5B-19) is amended to read as follows:
4. a. The department has the responsibility and authority to contract with family day care sponsoring organizations for the [voluntary] mandatory registration of family day care providers and shall adopt regulations for the operation and maintenance of family day care sponsoring organizations.
b. The department shall contract in writing with an agency or organization authorizing the agency or organization to operate as a family day care sponsoring organization to assist in the [voluntary] mandatory registration of family day care providers in a specific geographical area and to perform other functions with regard to family day care providers in accordance with the provisions of this act and the regulations adopted thereunder for which purposes the organization shall receive funds from the department based upon a fee for the service. The department shall contract with a family day care sponsoring organization for a period of one year.
c. The department shall contract with one family day care sponsoring organization to serve each county; however, the department may, as it deems appropriate, contract with additional family day care sponsoring organizations in a county, except that the department shall make all necessary arrangements to avoid duplication of effort and to promote a cooperative working relationship among the sponsoring organizations. Within one year following the effective date of this act there shall be a family day care sponsoring organization serving each county in this State.
(cf: P.L.2004, c.130, s.104)
4. Section 5 of P.L.1987, c.27 (C.30:5B-20) is amended to read as follows:
5. a. A family day care sponsoring organization with which the department contracts [is authorized to] shall register family day care providers within its designated geographical area and [is] shall be responsible for providing administrative services, including, but not limited to, training, technical assistance, and consultation to family day care providers and inspection, supervision, monitoring, and evaluation of family day care providers.
b. The family day care sponsoring organization shall maintain permanent records for each family day care provider it registers, and copies of such records shall be made available to parents of children attending the family day care home, upon request. The sponsoring organization shall also maintain its own staff and administrative and financial records. All records are open to inspection by an authorized representative of the department for the purpose of determining compliance with this act.
c. The family day care sponsoring organization shall provide a program of outreach and public relations to inform providers of the provisions of this act.
(cf: PL.2004, c.130, s.105)
5. Section 6 of P.L.1987, c.27 (C.30:5B-21) is amended to read as follows:
6. a. The family day care sponsoring organization shall evaluate a family day care provider prior to the issuance of a certificate of registration. The evaluation shall include at least one visit to the family day care home in addition to personal and health references, and shall be made part of the family day care sponsoring organization's permanent records for that provider. The certificate of registration shall be renewed every three years. The family day care provider is required to pay a registration fee of [$25.00] $25 to the sponsoring organization each time a certificate is granted or renewed.
b. The family day care sponsoring organization shall provide a minimum of one preservice training or orientation session for each applicant for a certificate of registration prior to the issuance of the certificate of registration and shall provide appropriate training, consultation, and technical assistance to the family day care provider and any assistant or substitute provider employed by the provider or volunteering to assist in the provision of child care services after the certificate of registration has been issued.
c. The family day care sponsoring organization [is authorized to] shall monitor and evaluate each registered family day care provider [at least once every two years] once every three years. In addition, the sponsoring organization [shall annually] may monitor [no less than 20% of the] family day care providers in its designated geographic area on a random basis to insure compliance with the standards established under this act, provide assistance and insure that corrective action is taken as needed.
d. The family day care
provider registered by a family day care sponsoring organization shall post and
display the certificate of registration at all times in a prominent location
within the home. A certificate of registration issued pursuant to this act is
not transferable.
e. (Deleted by amendment, P.L.1992, c.13).
f. (Deleted by amendment, P.L.1992, c.13).
(cf: P.L.1992, c.13, s.3)
6. (New section) a. As a condition of issuance or renewal of a certificate of registration pursuant to section 5 of P.L.1987, c.27 (C.30:5B-20), the Department of Children and Families shall ensure that a State and federal criminal history record background check is conducted on a person registering as a prospective or current family day care provider, an assistant provider or substitute provider of the prospective or current family day care provider or any household member 14 years of age or older of the prospective or current family day care provider. The background check shall be conducted by the Division of State Police in the Department of Law and Public Safety and shall include an examination of its own files and the obtaining of a similar examination by federal authorities.
b. If a prospective or current family day care provider, an assistant provider or substitute provider of the prospective or current family day care provider, or any household member 14 years of age or older of the family day care provider, refuses to consent to, or cooperate in, the securing of a criminal history record background check, a family day care sponsoring organization shall deny the prospective or current family day care provider's application for a certificate or renewal of registration.
c. If a prospective or current family day care provider, an assistant provider or substitute provider of the prospective or current family day care provider, or any household member 14 years of age or older of the family day care provider has a record of criminal history, the department shall advise the sponsoring organization of the results of the criminal history record background check within a time period to be determined by the department.
7. (New section) a. The department shall not issue a certificate or renewal of registration to a prospective or current family day care provider if a criminal history record background check of a person registering as a prospective or current family day care provider, an assistant provider or substitute provider of the prospective or current family day care provider, or any household member 14 years of age or older of the prospective or current family day care provider, 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:
(a) a crime against a child, including endangering the welfare of a child and child pornography pursuant to N.J.S.2C:24-4, and child molestation as set forth in N.J.S.2C:14-1 et seq.;
(b) abuse, abandonment, cruelty, or neglect of a child pursuant to R.S.9:6-3;
(c) endangering the welfare of an incompetent person pursuant to N.J.S.2C:24-7.1;
(d) sexual assault, criminal sexual contact or lewdness pursuant to N.J.S.2C:14-2 through N.J.S.2C:14-4;
(e) murder pursuant to N.J.S.2C:11-3 or manslaughter pursuant to N.J.S.2C:11-4;
(f) stalking pursuant to P.L.1992, c.209 (C.2C:12-10);
(g) 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.2C:13-1 through 2C:13-6;
(h) arson pursuant to N.J.S.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.2C:17-2;
(i) terroristic threats pursuant to N.J.S.2C:12-3;
(j) aggravated assault, which would constitute a crime of the second or third degree pursuant to subsection b. of N.J.S.2C:12-1;
(k) robbery, which would constitute a crime of the first degree pursuant to N.J.S.2C:15-1;
(l) burglary, which would constitute a crime of the second degree pursuant to N.J.S.2C:18-2;
(m) domestic violence pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.); or
(n) an attempt or conspiracy to commit any of the crimes or offenses listed in paragraphs (a) through (m) of this subsection.
(2) In any other state or jurisdiction, of conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in paragraph (1) of this subsection.
b. Notwithstanding the provisions of subsection a. of this section to the contrary, a certificate of registration or renewal of a certificate of registration shall not be denied on the basis of any conviction disclosed by a criminal history record check performed pursuant to this act, if the individual has affirmatively demonstrated to the Commissioner of Children and Families clear and convincing evidence of rehabilitation. In determining whether an individual has affirmatively demonstrated rehabilitation, the following factors shall be considered:
(1) the nature and responsibility of the position which the convicted individual would hold;
(2) the nature and seriousness of the offense;
(3) the circumstances under which the offense occurred;
(4) the date of the offense;
(5) the age of the individual when the offense was committed;
(6) whether the offense was an isolated or repeated incident;
(7) any social conditions which may have contributed to the offense; and
(8) 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 who have had the individual under their supervision.
c. Notwithstanding the provisions of this section to the contrary, a prospective or current provider's application for a certificate or renewal of registration shall not be denied under this act on the basis of any conviction disclosed by a criminal history record background check performed pursuant to this act without an opportunity to challenge the accuracy of the disqualifying criminal history record pursuant to section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill).
8. (New section) The department shall be responsible for the cost of processing and funding all criminal history record background checks conducted pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill). The department shall also be responsible for paying the cost of obtaining the fingerprints or other identifier authorized by the Division of State Police, unless that service is available at no cost to the employee or individual seeking employment.
9. (New section) a. The Commissioner of Children and Families is authorized to exchange fingerprint data with, and to receive information from, the Division of State Police in the Department of Law and Public Safety and the Federal Bureau of Investigation.
Upon receipt of the criminal history record information for a person registering as a prospective or current family day care provider, an assistant provider or substitute provider, or any household member 14 years of age or older of the family day care provider from the Federal Bureau of Investigation and the Division of State Police, the Department of Children and Families shall notify the family day care provider, in writing, of the department's decision to approve or deny the family day care provider's application for a certificate or renewal of registration pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill). If the application for a certificate or renewal of registration is denied, the convictions that constitute the basis for the denial shall be identified in the written notice to the family day care provider. The family day care provider shall have 14 days from the date of the written notice of denial to challenge the accuracy of the criminal history record information. If no challenge is filed or if the determination of the accuracy of the criminal history record information upholds the denial, the department shall notify the family day care sponsoring organization that the family day care provider has been denied a certificate or renewal of registration.
b. The Division of State Police shall promptly notify the department in the event a prospective or current family day care provider, an assistant provider or substitute provider of the prospective or current family day care provider, or any household member 14 years of age or older of the family day care provider, who was the subject of a criminal history record background check conducted pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill), is convicted of a crime or offense in this State after the date the background check was performed. Upon receipt of such notification, the department shall make a determination regarding the family day care provider's certificate of registration.
10. (New section) The Commissioner of Children and Families shall use federal block grant funds from the Child Care and Development Block Grant, or any other federal funds available for this purpose, to help defray the cost to the State for the criminal history record background checks conducted pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).
11. The Commissioner of Children and Families shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt any rules and regulations as the commissioner deems necessary to carry out the provisions of this act.
12. This act shall take effect on the first day of the seventh month next following enactment, except the Commissioner of Children and Families may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill requires the mandatory registration of family day care homes. Currently, the "Family Day Care Provider Registration Act," P.L.1987, c.27 (C.30:5B-16 et seq.) allows for voluntary registration but does not require family day care homes to register with the State.
The bill also increases, from five to 10, the number of children that may be cared for by a registered family day care provider and excludes a family day care home with less than three children from mandatory registration. Under current law, a family day care provider is permitted to care for no less than three and not more than five children and may voluntarily register with the State even if the provider's home has less than three children.
The bill requires a family day care home providing child care services to more than five children to meet all applicable health and safety code requirements, in addition to all of the provisions of the "Family Day Care Provider Registration Act," P.L.1987, c.27 (C.30:5B-16 et seq.). The family day care home would also be required to have at least one assistant or substitute provider, employed by the provider or volunteering to assist in the provision of child care services, trained by a family day care sponsoring organization present at all times providing care to the children.
Currently, a family day care home is not required to meet health and safety code requirements, regardless of the number of children being cared for in the home, or to have another assistant or substitute provider, employed by the provider or volunteering to assist in the provision of child care services, with the requisite training present at all times providing care for the children in the home.
A sponsoring organization would also: make copies of records maintained by the organization available to parents of children attending a family day care home, upon request; monitor and evaluate each registered family day care home once every three years, instead of every two years as currently allowed by law; and be permitted to monitor family day care homes in a specific geographical area on a random basis.
Current law does not require a sponsoring organization to provide the parents of children attending a family day care home with records maintained by the organization or to monitor family day care homes in a specific geographical area on a random basis.
The provisions of the bill also provide that as a condition of issuance or renewal of a certificate of registration as a family day care provider, the Department of Children and Families (DCF) is to ensure that a State and federal criminal history record background check is conducted on a person registering as a prospective or current family day care provider, an assistant provider or substitute provider of the prospective or current family day care provider, or any household member 14 years of age or older of the prospective or current family day care provider. Currently, registered family day care providers submit to DCF child abuse registry checks pursuant to P.L.1993, c.350 (C.30:5B-25.1 et seq.) but are not required to undergo criminal history record background checks.
The bill provides that DCF would not issue a certificate or renewal of registration to a prospective or current family day care provider if the criminal history record background checks required under the bill reveal a record of conviction for any of the 14 crimes and offenses enumerated in the bill.
Additionally, refusal to consent to, or cooperate in, the securing of a criminal history record background check would result in denial of a certificate of registration as a family day care provider.
The costs of the criminal history record background checks are to be paid by the DCF.
The bill also provides for the Division of State Police to notify DCF in the event a person who was the subject of a criminal history
record background check under the bill is convicted of a crime or offense in this State after the date the background check was performed.
The bill also requires the Commissioner of Children and Families to use federal block grant funds from the Child Care and Development Block Grant or any other available federal funds to help defray the cost to the State for the criminal history record background checks conducted pursuant to this bill.
