10:15-10.2 Provider requirements

(a) To qualify for child care payments, a child care center or program shall meet the following requirements (see also N.J.A.C. 10:90-5.2 and 5.3): 1. Centers providing care for six or more children up to the age of 13 years shall be licensed by the DCF Office of Licensing. 2. Exceptions to the Division's requirement in (a)1 above are as follows: i. A child care program operated by the board of education of a local public school district which is responsible for the implementation and management of the child care program; ii. A child care program operated by, and whose employees are paid by, a private school which is run solely for educational purposes. Such programs shall include kindergartens, pre-kindergarten programs or child care centers that are an integral part of the private educational institution or system offering elementary education in grades kindergarten through sixth, seventh or eighth which enable enrollment into a high school or secondary school program; and iii. A child care program operating within a geographic area, enclave or facility that is owned and/or operated by the Federal government. 3. Summer camps shall be approved by the New Jersey Department of Health pursuant to N.J.S.A. 26:12-1 et seq., and N.J.A.C. 8:25. 4. All family providers who serve three or more non-sibling children shall be registered pursuant to the Manual of Requirements for Family Day Care Registration (see N.J.A.C. 3A:54) in order to qualify for payment of child care services through these programs. i. Providers who serve one or two children must either be registered pursuant to N.J.A.C. 3A:54 or be approved by the Department of Human Services as specified at (b) below. ii. Payment shall be made to the provider who has secured a Certificate of Registration or a temporary registration certificate, as defined by rules promulgated under the Family Day Care Provider Registration Act (see N.J.A.C. 3A:54). iii. Payment to the provider shall reflect services rendered and in no case shall exceed payment for services to five children. (b) Providers who are not registered under (a) above shall be approved by the DHS in order to qualify for payment through any child care service program. Unregulated relatives, friends or neighbors shall be eligible for approved home status. 1. The minimum requirements for approval of the home are an inspection of the home using the Self- Arranged Care Inspection and Interview Checklist (see N.J.A.C. 10:15-2.4(a)10), an interview with the provider and family members, and a child abuse record information check completed for all prospective approved home providers and all household members of the home 14 years of age and older conducted by the Department of Children and Families as follows: i. Prior to the issuance of approval for an approved home provider, a CCR&R contracted with DHS pursuant to N.J.A.C. 10:15-2.1, shall obtain written consent from the prospective approved home provider, and all members of the household who are at least 14 years of age, for DCF 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) Each person specified in (b)1i above shall complete a signed consent form provided by DCF that indicates the identifying information necessary to conduct a CARI background check, including, but not limited to, the person's name (and any prior names used), address, date of birth, sex, race, and Social Security number. Pursuant to the Federal Privacy Act of 1974 (P.L. 93-579) (5 U.S.C. § 552a), DCF 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) The prospective approved home provider shall return all the completed CARI request forms specified in (b)1i(1) above to the CCR&R within five business days of receiving the forms. Additional time to submit CARI request forms may be granted by the CCR&R to the prospective approved home provider in order to correct inaccurate or incomplete forms on a case by case basis. (3) An approved home provider shall inform the CCR&R of any additional person 14 years of age and older who will begin living in the home and expects to remain or does remain in the home longer than 30 consecutive days. Within five days of this person moving in the home, the approved home provider shall submit to the CCR&R a signed consent form as specified in (b)1i(1) above for each such person. (4) A CARI background check is valid for one year from the date of approval of the home by the CCR&R. After one year, a new signed consent form shall be completed for each person as specified in (b)1i(1) above. ii. If any person specified in (b)1i(1) above refuses to consent to a CARI background check, the CCR&R shall deny the prospective approved home provider to provide child care services in accordance with N.J.S.A. 30:5B-32. iii. The CCR&R shall submit the completed consent forms specified in (b)1i(1) above upon receipt of the forms from the prospective approved home provider to DCF at the following address: Department of Children and Families, Office of Licensing, CARI Unit (Approved Homes), P.O. Box 717, Trenton, N.J. 08625-0717. DCF will conduct a search of its records for child abuse and neglect incidents. Within 10 working days (two weeks) of receipt of the completed forms from the CCR&R, DCF will inform the CCR&R in writing as to whether a substantiated incident of child abuse or neglect by any person specified in (b)1i above has been found. If such an incident has been found, DCF will inform the CCR&R in writing of the name of the person with a substantiated incident. iv. If the CARI background check reveals no substantiated incident of child abuse or neglect involving a person specified in (b)1i above, the CCR&R will schedule a home inspection. Upon completion of the home inspection, if all criteria on the health safety/interview check list are satisfactory, the CCR&R shall authorize the use of the approved home provider, provided that all other applicable requirements of this chapter have been met. v. If the CARI background check reveals that an incident of child abuse or neglect has been substantiated against a person specified in (b)1i above, DCF shall release the results of the CARI check to the CCR&R pursuant to subsection (g) of section 1 of P.L. 1977, c. 102 (N.J.S.A. 9:6- 8.10a) and the agency shall deny the prospective approved home provider from providing child care services. vi. Before denying the prospective approved home provider from providing child care services, the CCR&R shall give notice in writing, by certified or registered mail, to the last known address of the prospective approved home provider with return receipt requested, of the reasons why the prospective approved home provider will be denied. vii. The CCR&R shall also give notice in writing, by certified or registered mail, to the individual with a substantiated incident. The notice shall afford the individual with a substantiated incident the opportunity to be heard, if they have not previously done so, through a referral to the CP&P Regional Administrative Review Officer, as appropriate, to appeal the results of the CARI background check within 20 days of receiving the notice. viii. If the individual with a substantiated incident is not satisfied with the decision of the CP&P Regional Administrative Review Officer, the individual with a substantiated incident may appeal the decision to the Office of Administrative Law (OAL) for an administrative hearing. The hearing shall be conducted in accordance with the "Administrative Procedure Act," P.L. 1968, c. 410 (N.J.S.A. 52:14B-1 et seq.) and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. ix. If the individual with a substantiated incident is not satisfied with the decision resulting from the administrative hearing, the individual with a substantiated incident may appeal the decision, within 45 days from the date of service of the decision or notice of the action taken, to the Appellate Division of the Superior Court of New Jersey. x. If a prospective approved home provider is denied approval to provide child care services, the CCR&R shall notify the parent of the child who would be eligible to receive such services, in writing, of the reason the prospective approved home provider was denied and that the parent has the right to select another individual to provide approved home child care services. The parent shall be advised to keep such information confidential and not to disclose the information in keeping with provisions of the State Child Abuse and Neglect Law (N.J.S.A. 9:6-8.10b). 2. An approved home provider who cares for no more than five children, or no more than eight children if three of the children are her own, who has been approved by the Department of Human Services may receive payment for a maximum of: i. Two non-sibling children; or ii. Up to five non-resident sibling children under 13 years of age. (c) Providers of in-home care for non-CPS children, that is, care of a child in the child's own home, shall be evaluated using the Self-Arranged Care Inspection and Interview Checklist and a child abuse record information check completed for all prospective in-home providers and all household members of the home 14 years of age and older conducted by the Department of Children and Families, as specified in (b)1 above, in order to qualify for payment through the child care service programs. Providers of in-home care for CPS children shall be approved by CP&P. (d) Providers of child care other than those specified in (a) through (c) above are not entitled to payment through the child care service programs. (e) Subsidized child care payments from DHS or its agent or contractor shall not continue to a child care center or family child care provider whose license, Certificate of Life/Safety Approval or Family Child Care Provider Certificate of Registration is revoked, suspended or refused for renewal by the Department of Children and Families Office of Licensing (OOL) or the family child care sponsoring organization, as applicable. Payments will cease effective 30 days from the date of the letter of notification from OOL or the sponsoring organization of the enforcement action to the provider. 1. A parent shall choose an alternate child care provider within 30 days from the date of the notice of the enforcement action by OOL or the family child care sponsoring organization in order to continue to receive a child care subsidy. 2. A subsidized child care payment to a licensed child care center or registered family child care provider shall only be made if the revocation, suspension or refusal to renew is overturned or rescinded pursuant to the Administrative Procedures Act, N.J.S.A. 52:14B-1 et seq. and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. A subsidized child care payment, for an eligible child, shall only be made from the date of the appeal decision forward. History HISTORY: Amended by R.2001 d.396, effective November 5, 2001. See: 33 N.J.R. 2432(a), 33 N.J.R. 3741(a). Rewrote (a). Amended by R.2005 d.77, effective February 22, 2005. See: 36 N.J.R. 4882(a), 37 N.J.R. 630(c). Rewrote the section. Amended by R.2007 d.348, effective November 5, 2007. See: 39 N.J.R. 1618(a), 39 N.J.R. 4845(b). Added (e). Amended by R.2009 d.18, effective January 5, 2009. See: 40 N.J.R. 2637(b), 41 N.J.R. 226(b). Substituted "DCF" for "DHS", "Children and Families" for "Human Services" and "CCR&R" for "UCCA" throughout; in (b)1i(3), substituted "An" for "As an"; in the introductory paragraph of (b)1, updated the N.J.A.C. reference; and in (c), substituted "non-CPS" for "non CPS". Notice of readoption with technical changes. See: 48 N.J.R. 2807(a). Notice of readoption with technical change, effective August 21, 2023. See: 55 N.J.R. 1834(a). Annotations Notes Chapter Notes 2025 MAXIMUM REIMBURSEMENT RATES