N.J. Admin. Code § 3A:51-2.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 3A:51-2.5 - Denying, suspending, revoking, or refusing to renew a license

(a) The Office of Licensing shall deny an application or suspend, revoke, or refuse to renew a license, as applicable, if the applicant, resource family parent, or any household member at least 18 years of age has been convicted of a crime or offense specified in N.J.S.A. 30:4C-26.8.

(b) The Office of Licensing is authorized to deny an application or suspend, revoke or refuse to renew a license for good cause, including, but not limited to, the following:

1. Failure to comply with the provisions of this chapter;

2. Violation of the terms and conditions of a license;

3. Fraud or misrepresentation in obtaining a license;

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 home or to conduct an inspection or investigation;

6. A conviction by the applicant, resource family parent or a household member at least 18 years of age for any crime or offense;

7. A determination by the Department that a report of child abuse or neglect by the applicant, resource family parent or a household member has been substantiated;

8. Any conduct, engaged in or permitted, which adversely affects or presents a serious hazard to the education, health, safety, general well-being or physical, emotional and social development of a child, or which otherwise fails to comply with the standards required for the provision of resource family care to a child and the maintenance of a resource family home;

9. Failure to be in full compliance with one or more level I requirements;

10. Failure to be in substantial compliance with one or more level II requirements;

11. Failure to abate outstanding violations of level II requirements by the next annual or renewal inspection, whichever comes first; or

12. Failure to comply with the terms and conditions of a waiver granted by the Office of Licensing.

(c) If a resource family parent or applicant fails to comply with the applicable provisions of this chapter, the Office of Licensing shall issue a directive ordering compliance.

(d) Before the decision to deny an application or suspend, revoke, or refuse to renew a license becomes effective, the resource family parent or applicant shall have the opportunity to request a hearing to contest the action, as specified in NJ.A.C. 3A:51-2.6(a).

(e) A previous denial of an application or suspension, revocation or refusal to renew a license shall not in itself result in an automatic disqualification of the resource family parent or applicant to secure a license, but shall constitute grounds for the Department 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.

(f) If the Office of Licensing denies an application, or revokes or refuses to renew a license, as specified in (a) and (b) above, the former resource family parent or applicant shall be prohibited from reapplying for a license for one year from the date of the denial, revocation, or refusal to renew the license. After the one-year period has elapsed, the former resource family parent or applicant may submit to the Department a new application for a license, if he or she believes that the condition that led the Office to deny the application or revoke or refuse to renew the license is no longer applicable.

(g) If a license is suspended, the Office of Licensing shall issue or reinstate the license once the resource family parent demonstrates that he or she has achieved compliance with the applicable provisions of this chapter. In such a case, the Office shall not require the resource family parent to submit a new application for a license unless reapplication is expressly made a condition of the issuance or reinstatement of the license.

(h) Each license issued by the Office of Licensing to a resource family parent remains the property of the State of New Jersey. If the Office of Licensing suspends or revokes a license, the resource family parent shall return the license to the Office of Licensing immediately.

N.J. Admin. Code § 3A:51-2.5

Administrative Change, 49 N.J.R. 98a.

Amended by 49 N.J.R. 2792(a), effective 8/21/2017

Amended by 51 N.J.R. 1263(b), effective 8/5/2019