New Jersey-2016-A2967-Introduced

An Act concerning family day care providers, amending P.L.1983, c.492 and 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 3 of P.L.1983, c.492 (C.30:5B-3) is amended to read as follows:

3. As used in[this act] P.L.1983, c.492 (C.30:5B-1 et seq.):

a. "Child" means any person under the age of 13.

b. "Child care center" or "center" means any facility which is maintained for the care, development, or supervision of six or more children who attend the facility for less than 24 hours a day. In the case of a center operating in a sponsor's home, children who reside in the home shall not be included when counting the number of children being served. This term shall include, but shall not be limited to, day care centers, drop-in centers, nighttime centers, recreation 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, employer supported centers, centers that had been licensed by the Department of Human Services prior to the enactment of the "Child Care Center Licensing Act," P.L.1983, c.492 (C.30:5B-1 et seq.), and kindergartens that are not an integral part of a private educational institution or system offering elementary education in grades kindergarten through sixth, seventh or eighth. This term shall not include:

(1) (Deleted by amendment, P.L.1992, c.95).

(2) A program operated by a private school which is run solely for educational purposes. This exclusion shall include kindergartens, prekindergarten programs, or child care centers that are an integral part of a private educational institution or system offering elementary education in grades kindergarten through sixth, seventh, or eighth;

(3) Centers or special classes operated primarily for religious instruction or for the temporary care of children while persons responsible for such children are attending religious services;

(4) A program of specialized activity or instruction for children that is not designed or intended for child care purposes, including, but not limited to, Boy Scouts, Girl Scouts, 4-H clubs, and Junior Achievement, and single activity programs such as athletics, gymnastics, hobbies, art, music, and dance and craft instruction, which are supervised by an adult, agency, or institution;

(5) Youth camps required to be licensed under the "New Jersey Youth Camp Safety Act," P.L.1973, c.375 (C.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 Department of Health and Senior Services. A youth camp sponsor who also operates a child care center shall secure a license from the Department of Children and Families for the center;

(6) Day training centers operated by or under contract with the Division of Developmental Disabilities within the Department of Human Services;

(7) Programs operated by the board of education of the local public school district that is responsible for their implementation and management;

(8) A program such as that located in a bowling alley, health spa or other facility in which each child attends for a limited time period while the parent is present and using the facility;

(9) A child care program operating within a geographical area, enclave or facility that is owned or operated by the federal government;

(10) A family day care home providing child care services to no more than 10 children at any one time that is registered pursuant to the "Family Day Care Provider Registration Act," P.L.1987, c.27 (C.30:5B-16 et seq.); and

(11) Privately operated infant and preschool programs that are approved by the Department of Education to provide services exclusively to local school districts for handicapped children, pursuant to N.J.S.18A:46-1 et seq.

c. "Commissioner" means the Commissioner of Children and Families.

d. "Department" means the Department of Children and Families.

e. "Parent" means a natural or adoptive parent, guardian, or any other person having responsibility for, or custody of, a child.

f. "Person" means any individual, corporation, company, association, organization, society, firm, partnership, joint stock company, the State, or any political subdivision thereof.

g. "Sponsor" means any person owning or operating a child care center.

(cf: P.L.2006, c.47, s.161)

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] P.L.1987, c.27 (C.30:5B-16 et seq.):

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] P.L.1987, c.27.

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] 10 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 registration. A family day care home providing child care services to more than five children shall 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.), and shall have at least one additional person 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.

(cf: P.L.2006, c.47, s.166)

3. 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 person 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 monitor and evaluate each registered family day care provider at least once every two years. In addition, the sponsoring organization shall annually 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)

4. (New section) The Commissioner of Human Services shall use federal block grant funds from the FFY2016 Child Care and Development Block Grant, or any other federal funds available for this purpose, to provide the additional family day care provider training required pursuant to section 6 of P.L.1987, c.27 (C.30:5B-21).

5. The Commissioner of Human Services and the Commissioner of Community Affairs shall promulgate such regulations as may be necessary to effectuate this act pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

6. This act shall take effect immediately.

STATEMENT

This bill increases, from five to 10, the number of children that may be cared for by a registered family day care provider. Under current law, municipalities must permit a registered family day care provider to operate such a business out of the provider's home, even if located in a residential district. 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.). A family day care home must also have at least one additional person who has the required training present at all times providing care to the children.

The bill also authorizes the family day care sponsoring organization to provide appropriate training to any person employed by the provider or volunteering to assist in the provision of child care services.

The bill requires the Commissioner of Human Services to use federal block grant funds from the FFY2016 Child Care and Development Block Grant or any other available federal funds to provide the additional family day care provider training required pursuant to this bill.