A258

An Act concerning child care centers and amending P.L.1983, c.492.

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 care home 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. This act shall take effect immediately.

STATEMENT

This bill expands the number of child care programs exempted from the State's child care licensing requirements.

Specifically, the bill amends section 3 of P.L.1983, c.492 (C.30:5B-3) to provide that programs operated by a private school run solely for educational purposes would be exempted under the State's child care licensing law. This exemption would apply to all kindergartens, prekindergarten programs, or child care centers that are an integral part of a private educational institution or system offering elementary education.

Currently, programs operated by private schools which are run solely for educational purposes are exempted under the requirements of the law, but the exemption applies only to 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.

The bill would expand this exemption to include child care centers that are an integral part of a private educational institution or system offering elementary education, regardless of the grades in which the education is offered. It is the sponsor’s intent that the expansion of this exemption would provide parity to private schools that are currently not exempted under the State’s child care licensing law with those schools that are exempted under the requirements of the law. It is the sponsor’s intent that the expansion of this exemption would provide parity to private schools that are currently not exempted under the State’s child care licensing law with those schools that are exempted under the requirements of the law.