S1871

An Act concerning family child care providers, amending and supplementing Chapter 5B of Title 30 of the Revised Statutes, and supplementing Title 53 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:

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] child care home that is registered pursuant to the "Family [Day] Child 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 1 of P.L.1987, c.27 (C.30:5B-16) is amended to read as follows:

1. This act shall be known and may be cited as the "Family [Day] Child Care Provider Registration Act."

(cf: P.L.1987, c. 27, s. 1)

3. 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] child 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)

4. 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] child 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] child 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 children at any one time for no less than 15 hours per week; except that the department shall not exclude a family [day] child care home with less than three children from [voluntary] registration. 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] child care provider and an assistant or substitute provider where no payment for the care is being provided.

d. "Family [day] child care provider" means a person at least 18 years of age who is responsible for the operation and management of a family [day] child care home.

e. "Family [day] child care sponsoring organization" means an agency or organization which contracts with the department to assist in the registration of family [day] child care providers in a specific geographical area.

f. "Monitor" means to visit a family [day] child care provider to review the provider's compliance with the standards established pursuant to this act.

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

5. 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] shall contract with family [day] child care sponsoring organizations for the [voluntary] mandatory registration of family [day] child care providers and [shall] adopt regulations for the operation and maintenance of family [day] child 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] child care sponsoring organization to assist in the [voluntary] mandatory registration of family [day] child care providers in a specific geographical area and to perform other functions with regard to family [day] child 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 ] child care sponsoring organization for a period of one year.

c. The department shall contract with one family [day] child care sponsoring organization to serve each county; however, the department may, as it deems appropriate, contract with additional family [day] child 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] child care sponsoring organization serving each county in this State.

(cf: P.L.2004, c.130, s.104)

6. Section 5 of P.L.1987, c.27 (C.30:5B-20) is amended to read as follows:

5. a. A family [day] child care sponsoring organization with which the department contracts [is authorized to] shall register family [day] child 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] child care providers and inspection, supervision, monitoring and evaluation of family [day] child care providers.

b. The family [day] child care sponsoring organization shall maintain permanent records for each family [day] child care provider it registers, and copies of such records shall be made available to parents of children attending the family child 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] child care sponsoring organization shall provide a program of outreach and public relations to inform

providers and parents of the provisions of this act.

(cf: P.L.2004, c.130, s.105)

7. Section 6 of P.L.1987, c.27 (C.30:5B-21) is amended to read as follows:

6. a. The family [day] child care sponsoring organization shall evaluate a family [day] child care provider prior to the issuance of a certificate of registration. The evaluation shall include at least one visit to the family [day] child care home in addition to personal and health references, and shall be made part of the family [day] child care sponsoring organization's permanent records for that provider. The certificate of registration shall be renewed every three years. The family [day] child 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. The department may increase the registration fee, by regulation, by such amount as it determines reasonable and necessary to support the work of the family child care sponsoring organizations.

b. The family [day] child 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] child care provider 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] child care provider [at least once every two years] once a year. In addition, the sponsoring organization [shall annually] may monitor [no less than 20% of the] family [day] child 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] child care provider registered by a family [day] child 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)

8. Section 7 of P.L.1987, c.27 (C.30:5B-22) is amended to read as follows:

7. a. Each family [day] child care provider registered by a family [day] child care sponsoring organization shall be of good character with sufficient intelligence, stability, energy and maturity to care for children and shall guarantee that each child being cared for within the provider's home is under competent supervision at all times. The provider shall provide appropriate discipline, excluding physical punishment, as necessary.

b. Each registered family [day] child care home shall meet minimum life safety requirements, including adequate space, light, and ventilation, in addition to providing clean, nonhazardous facilities and furnishings.

(cf: P.L.1987, c. 27, s. 7)

9. Section 2 of P.L.2009, c.299 (C30:5B-22.2) is amended to read as follows:

2. a. The Commissioner of the Department of Human Services or, if applicable, the Commissioner of the Department of Children and Families, on behalf of the State of New Jersey, shall, in a timely manner, meet in good faith with a recognized exclusive majority representative of all family child care providers who are registered and approved as family [day] child care providers pursuant to P.L.1987, c.27 (C.30:5B-16 et seq.), for the purpose of entering into an agreement, or negotiating a renewal or extension, with any agreed upon modifications, of any agreement in effect upon the effective date of this act, regarding reimbursement rates, collection and payment of fees, dispute resolution, reporting procedures, benefits, health and safety conditions, and any other matters that would improve recruitment and retention of qualified family child care providers and the quality of the programs they provide, subject to the provisions of this section. Although family child care providers are not State employees, the subjects which may be included in an agreement shall be consistent with the areas which are considered negotiable for public employees who are subject to the provisions of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.). Nothing in this act shall require that an agreement be reached on any particular matter, provided the parties act in good faith.

b. The purpose of this section is to permit family child care providers to select an exclusive majority representative to represent them as provided in this section. This act is intended by the Legislature to provide state action immunity under federal and State antitrust laws for any actions of the State, or joint actions of family child care providers and their exclusive majority representative, to the extent those actions are authorized by this act. The protections and prohibitions regarding unfair practices provided by section 1 of P.L.1974, c.123 (C.34:13A-5.4) shall apply to any family child care providers subject to this act, to the State as their employer, and to their employee organizations, representatives or agents.

c. Any agreement entered into, renewed or extended pursuant to this section shall be embodied in writing, shall be binding upon the State of New Jersey, and shall provide for the payment of union dues and representation fees in a manner consistent with the provisions of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.) which apply to the payment of union dues and representation fees by public employees.

d. For the purposes of this act, "family child care provider" shall include all in-home, voluntary, registered, approved family friend and neighbor caregivers and nationally accredited child care providers included in any agreement entered into under the provisions of Executive Order 23, signed August 2, 2006.

(cf: P.L.2009, c.299, s.2)

10. Section 8 of P.L.1987, c.27 (C.30:5B-23) is amended to read as follows:

8. a. The department shall also establish standards for the issuance, renewal, denial, suspension and revocation of a certificate of registration which the family [day] child care sponsoring organization shall apply. In developing the standards, the department shall consult with the Advisory Council on Child Care established pursuant to the "Child Care Center Licensing Act," P.L.1983, c.492 (C.30:5B-1 et seq.).

b. A person operating as a registered family [day] child care provider who violates the provisions of this act by failing to adhere to the standards established by the department pursuant to this act shall be notified in writing of the violation of the provisions of this act and provided with an opportunity to comply with those provisions. For a subsequent violation, the person's certificate of registration may be revoked, or the person may be fined in an amount determined by the Commissioner of [Human Services] Children and Families[, or both]. The receipt of excessive complaints by the municipal police or other local or State authorities concerning neglect of children, excessive noise, or property damage resulting from the operation of a family [day] child care home may be considered by the department when renewing, suspending or revoking a certificate of registration.

c. The department, before denying, suspending, revoking or refusing to renew a certificate of registration, shall give notice thereof to the provider personally, or by certified or registered mail to the last known address of the family [day] child care home with return receipt requested. The notice shall afford the provider the opportunity to be heard. The hearing shall take place within 60 days from the receipt of the notice and shall be conducted in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

d. If the certificate of registration is suspended or revoked or not renewed, the provider shall so notify the parent of each child attending the family [day] child care home in writing within 10 days of the action.

e. (Deleted by amendment, P.L.1993, c.350).

(cf: P.L.2004, c.130, s.106)

11. Section 9 of P.L.1987, c.27 (C.30:5B-24) is amended to read as follows:

9. The [division shall prepare and submit to the Governor and the Legislature a report of its findings and recommendations no later than two years after the effective date of this act. The report shall include, but not be limited to, the following information: the number of family day care homes registered; the number of children served and their ages; the estimated number of family day care homes not registered; the number of inquiries by parents or guardians to the family day care sponsoring organizations or to the State-operated child care clearinghouse; and an evaluation of the need for mandatory family day care registration] department shall prepare and submit an annual report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1). The report shall include, but not be limited to, the following information: the number of registered family child care homes; the number of children served and their ages; the number of requests by parents for copies of the permanent records of registered family child care providers received by the family child care sponsoring organizations; and the number of inquiries by parents or guardians to the family child care sponsoring organizations or to the State-operated child care clearinghouse. A summary of the report shall be made available on the department's official Internet site or in writing to the public, upon request.

(cf: P.L.1987, c. 27, s. 9)

12. Section 1 of P.L.1993, c.350 (C.30:5B-25.1) is amended to read as follows:

1. The Legislature finds and declares that:

a. The need for a variety of child care options for families with children between birth and 13 years of age has grown significantly in the past 20 years. As a result, family [day] child care has become one of the most used forms of child care in the State.

b. In 1987, New Jersey implemented a voluntary registration system through the "Family Day Care Provider Registration Act," P.L.1987, c.27 (C.30:5B-16 et seq.). The purpose of the act was to provide Statewide health and safety standards to protect children in family [day] child care homes. Through this voluntary system, providers [are] were able to qualify for the purchase of insurance, enroll in the Child Care Food Program, list their homes with Statewide child care resource and referral agencies, and provide care for children through State-funded programs. Parents were assured that minimum safety standards were met and the training of providers and the monitoring of homes was taking place.

c. When the 1987 law was amended in 1991 to require criminal history record background checks for all adults in the home of a family [day] child care provider, both registrations and renewals dropped significantly. This was due to the cost of criminal history record background checks. Since the family [day] child care registration system [is] was voluntary, providers chose to continue to operate without State supervision. In 1992, the State established an 18 month moratorium on background checks during which time[,] an alternative procedure for checking the background of prospective family [day] child care providers could be developed.

d. The intent of the amendments in 1991, P.L.1991. c.278, was to create and support affordable and accessible family child care in the State, and promote the availability of a quality workforce, while protecting the safety of children being cared for in family child care homes. Since the 1992 moratorium on background checks was established, family child care provider subsidy reimbursement rates have increased significantly throughout the country, and, over the last three years, reimbursement rates in New Jersey have increased 21%. Even though the fingerprinting of family child care workers is common practice in the child care industry, New Jersey remains one of a small number of states that does not require criminal history record background checks of its family child care workers.

It is therefore in the best interests of the State to find a system of background checks which balances the rights of family [day] child care providers with the State's duty to protect the safety of its youngest citizens.

(cf: P.L.1993, c.350, s.1)

13. Section 2 of P.L.1993, c.350 (C.30:5B-25.2) is amended to read as follows:

2. As used in sections 1 through 4 of P.L.1993, c.350 (C.30:5B-25.1 through C.30:5B-25.4):

"Child abuse registry" means the child abuse registry of the Division of Youth and Family Services in the Department of Children and Families established pursuant to section 4 of P.L.1971, c.437 (C.9:6-8.11).

"Provider" means a family [day] child care provider as defined by section 3 of P.L.1987, c.27 (C.30:5B-18) and includes, but is not limited to, a family [day] child care provider's assistant and a substitute family [day] child care provider.

"Family [day] child care sponsoring organization" means an agency or organization which contracts with the Department of Human Services to assist in the registration of family [day] child care providers in a specific geographic area pursuant to P.L.1987, c.27 (C.30:5B-16 et seq.).

"Household member" means an individual over 14 years of age who resides in a family [day] child care provider's home.

(cf: P.L.2006, c.47, s.168)

14. Section 3 of P.L.1993, c.350 (C.30:5B-25.3) is amended to read as follows:

3. a. The Division of Youth and Family Services in the Department of Children and Families shall conduct a search of its child abuse registry to determine if a report of child abuse or neglect has been filed, pursuant to section 3 of P.L.1971, c.437 (C.9:6-8.10), involving a person registering as a prospective provider or a household member of the prospective provider or as a current provider or household member of the current provider.

b. The division shall conduct the search only upon receipt of the prospective or current provider or household member's written consent to the search. If the person refuses to provide his consent, the family [day] child care sponsoring organization shall deny the prospective or current provider's application for a certificate or renewal of registration.

c. The division shall advise the sponsoring organization of the results of the child abuse registry search within a time period to be determined by the Department of Children and Families.

d. The department shall not issue a certificate or renewal of registration to a prospective or current provider unless the department has first determined that no substantiated charge of child abuse or neglect against the prospective or current provider or household member is found during the child abuse registry search.

(cf: P.L.2006, c.47, s.169)

15. Section 4 of P.L.1993, c. 350 (30:5B-25.4) is amended to read as follows:

4. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Department of Children and Families shall adopt rules and regulations necessary to implement the provisions of sections 1 through 4 of P.L.1993, c.350 (C.30:5B-25.1 through C.30:5B-25.4) including, but not limited to:

b. Establishment of time limits for conducting a child abuse registry search and providing a family [day] child care sponsoring organization with the results of the search.

(cf: P.L.2006, c.47, s.170)

16. (New section) As used in this section and sections 17 through 20 of P.L. , c. (C. ) (pending before the Legislature as this bill)

"Household member" means a person 18 years of age or older who resides in a family child care provider's home.

"Provider" means a family child care provider as defined in section 2 of P.L.1993, c.350 (C.30:5B-25.2).

17. (New section) a. As a condition of issuance or renewal of a certificate of registration, 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 provider or any household member of the provider pursuant to the provisions of P.L.1987, c.27 (C.30:5B-16 et seq.). 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 provider or any household member of the provider refuses to consent to, or cooperate in, the securing of a criminal history record background check, a family child care sponsoring organization shall deny the prospective or current provider's application for a certificate or renewal of registration.

c. If a prospective or current provider or any household member of the 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.

d. The department shall not issue a certificate or renewal of registration to a prospective or current provider if the provider or any household member of the provider ever committed a crime which resulted in a conviction for:

(1) 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.;

(2) abuse, abandonment or neglect of a child pursuant to R.S.9:6-3;

(3) endangering the welfare of an incompetent person pursuant to N.J.S.2C:24-7;

(4) sexual assault, criminal sexual contact or lewdness pursuant to N.J.S.2C:14-2 through N.J.S.2C:14-4;

(5) murder pursuant to N.J.S.2C:11-3 or manslaughter pursuant to N.J.S.2C:11-4;

(6) stalking pursuant to P.L.1992, c.209 (C.2C:12-10);

(7) 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;

(8) 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;

(9) terroristic threats pursuant to N.J.S.2C:12-3;

(10) aggravated assault, which would constitute a crime of the second or third degree pursuant to subsection b. of N.J.S.2C:12-1;

(11) robbery, which would constitute a crime of the first degree pursuant to N.J.S.2C:15-1;

(12) burglary, which would constitute a crime of the second degree pursuant to N.J.S.2C:18-2;

(13) domestic violence pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.); or

(14) an attempt or conspiracy to commit any of the crimes or offenses listed in paragraphs (1) through (14) of this subsection.

e. 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 subsection d. of this section.

f. 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 the provisions of section 19 of P.L. , c. (C. ) (pending before the Legislature as this bill).

18. (New section) The Department of Children and Families shall be responsible for the cost of processing and funding all criminal history record background checks required pursuant to this act. 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 person registering as a prospective or current provider or a household member of the provider.

19. (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 provider or any household member of the provider from the Federal Bureau of Investigation and the Division of State Police, the Department of Children and Families shall notify the provider, in writing, of the department's decision to approve or deny the provider's application for a certificate or renewal of registration under section 17 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 provider. The 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 child care sponsoring organization that the 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 provider or any household member of the provider, who was the subject of a criminal history record background check conducted pursuant to subsection a. of this section, 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 provider's certificate of registration.

20. (New section) In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Department of Children and Families shall adopt rules and regulations necessary to effectuate the provisions of this act, including, but not limited to:

a. Implementation of an appeals process to be used in the case of the denial of an application for a certificate or for renewal of registration based upon information obtained during a criminal history record background check performed pursuant to section 17 of P.L. , c. (C. ) (pending before the Legislature as this bill); and

b. Establishment of time limits for conducting a criminal history record background check and providing a family child care sponsoring organization with the results of the background check.

21. (New section) Whenever any law, rule, or regulation refers to "family day care," the reference shall mean and refer to "family child care."

22. This act shall take effect take effect on the 180th day after enactment, but 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 makes various statutory changes to the "Family Day Care Provider Registration Act," P.L.1987, c.27 (C.30:5B-16 et seq.).

The bill replaces references to "family day care" with the term "family child care," requires all family child care providers to register with the Department of Children and Families (DCF) (currently family child care providers may voluntarily register with DCF), makes changes to the responsibilities of family child care sponsoring organizations, and requires prospective and current family child care providers or any household member of the provider who is 18 years of age or older to undergo criminal history record backgrounds checks:

Specifically, the bill:

● stipulates that a family child care sponsoring organization shall monitor and evaluate a registered family child care provider once every year, instead of every two years as the law currently allows;

● requires a family child care sponsoring organization to make available to parents copies of the permanent records it maintains for each registered family child care provider, upon request;

● requires the family child care sponsoring organization to provide a program of outreach and public relations to inform parents of the provisions of the bill;

● requires DCF to prepare and submit an annual report to the Governor and the Legislature which includes, but is not limited to:

--the number of registered family child care homes;

--the number of children served and their ages;

--the number of requests by parents for copies of the permanent records of registered family child care providers received by family child care sponsoring organizations; and

--the number of inquiries by parents or guardians to the family child care sponsoring organizations or to the State-operated child care clearinghouse;

● stipulates that a summary of the annual report be made available on the DCF Internet site or in writing to the public, upon request; and

● requires, as a condition of issuance or renewal of a certificate of registration, a person registering as a prospective or current family day care provider, as defined in section 2 of P.L.1993, c.350 (C.30:5B-25.2), or any household member of the provider, 18 years of age or older, undergo a criminal history record background check through the New Jersey Division of State Police and the Federal Bureau of Investigation. Currently, family child care providers and household members are required to submit to a DCF child abuse registry check as a condition of issuance or renewal of registration, but background checks are not required. If the provider or any household member of the provider has a record of conviction for certain specified crimes enumerated in the bill, that provider shall not be issued a certificate or renewal of registration as a family child care provider. DCF will be responsible for assuming the cost of processing and funding all criminal history record background checks required under the bill.