USA Gymnastics -New Jersey Thinks Your Gym May Be A Child Day Care Business – What Do

You Think?

John ValenciaWilke Fleury Law/Lobbying Firm400 Capitol Mall, 22nd FloorSacramento, CA 95814(916) 441-2430jvalencia@wilkefleury.com

The Issue1. New Jersey Child Care Licensing Law→“No person shall operate a center without first securing a license from the Office of Licensing. Any person who operates a center that does not have a valid license,…or who advertises or provides any service not authorized by a valid license, or who violates any other provision of the laws…is guilty of a crime of the fourth degree,….”

→“…the Department of Children & Families is authorized to license…public and private child care centers…maintained for the care, development or supervision of six or more children under 13 years of age for less than 24 hours a day….”

The Problem

►“Child care center“ includes, but is not be limited to, day care centers; drop-in centers; night-time centers; recreation-type centers sponsored & operated by a county or municipal recreation and/or park department or agency; day nurseries; nursery & play schools; cooperative child centers; centers for children with special needs; centers serving sick children; infant-toddler programs. The term does not include –

The Problem

Programs of specialized activities or instruction for children…notdesigned/intended for child care purposes, including, but not limited to:

‘…single activity programs,’ such as: athletics, gymnastics, hobbies, art,music, dance and craft instruction, which are supervised by an adult, agency orinstitution.

To qualify for exemption from licensing, a program must:i. Provide activities that are supervised on a full-time basis by an adult; andii. Provide only a single instruction or activity program. For children under agesix years, single instruction or activity programs are limited to no more thantwo hours on any day… (N.J.A.C. 10:122-1.1(a))

→What will NJ DCF find at your gym?

Tell Me More…

♦Get familiar with New Jersey’s “Manual of Requirements for Child Care Centers.”

New Jersey Administrative Code [N.J.A.C. 10:122-1.1):

http://www.nj.gov/dcf/providers/licensing/laws/CCCmanual.pdf

Required Reading. Why? Ignore at Your Peril.

N.J. “Manual of Requirements for Child Care Centers

New Jersey Administrative Code [N.J.A.C. 10:122-1.1):

http://www.nj.gov/dcf/providers/licensing/laws/CCCmanual.pdf

Oversight Implications

•DCF Office of Licensing reviews architectural plans for renovations and new construction of child care centers.

•Child Care Centers Requirements:

◦Comprehensive liability insurance◦Vehicle insurance◦Staff qualifications including director, head teacher, group teacherand program supervisor◦Supervision and staff child ratios◦Program activities and equipment

Oversight Implications

•Child Care Centers Requirements (cont.):

◦Health and sanitation conditions and practices (incl. vaccinations!)◦Food and nutrition◦Provisions for rest and sleep◦Parent and community participation◦Administrative and record-keeping requirements◦All regularly scheduled staff required to complete both a Criminal History Record Information (CHRI) fingerprint background check (if 18 years or older) and a Child Abuse Record Information (CARI) background check (regardless of age).

What Changed?

→As far as applicability of the New Jersey Child Care Licensing Law to gymnastics clubs?

-- Nothing has changed except for prioritization ofgymnastics clubs (and the DCF’s determination that,“hey,” they, too are subject to the law).

→Enough outlier clubs of various types to warrant action?→Consumer complaints? Competitor complaints?→USA Gymnastics in the News.←

Current State of Affairs

→In sporadic field visits to Member Clubs, the NJ DCF has concluded that some of the NJ USAG club operations fall under the New Jersey Child Care Licensing Law.

→Unless/until change is pursued, every NJ USAG club might consider some level of additional legal professional services to ensure compliance and preparation for the possibility of a site visit.

Gain Clarity or Change the Policy

2. Work to Persuade Appointed DCF Director That NJ Child Care Licensing Law Not be Interpreted to Apply to Club Pre-/Post-Sports Instruction Activities?

a. Problem. Exemption only applies to: Programs of specialized activities or instruction for children

b. Not designed/intended for child care purposesc. ‘…single activity programs,’ such as: athletics, gymnastics,

hobbies, art, music, dance and craft instruction, which are supervised by an adult, agency or institution.

d. Activities are supervised full-time by an adult; ande. Provides only a single instruction or activity program. Kids under

six are limited to no more than two hours on any day…

Gain Clarity or Change the Policy

DCF Director would need to exercise her full scope of discretion to:

(a) minimize inspection/enforcement of gymnastics clubs activities, and/or

(b) issue guidance that effectively “waives” licensure.

May only be (a) until statutory revision can occur.

or Change the Policy…

►If the NJ DCF can’t (lack of adequate legal authority), or won’t (no political will), issue helpful, clarifying interpretation of the NJ Child Care Licensing Law that essentially exempts (or deprioritizes) NJ USAG clubs, it will probably be necessary to seek legislation that spells out a precise exemption for most (may not be all) gymnastics clubs.

►Key consideration…is now the best time to pursue “relief” from “child safety” objective of NJ Child Care Licensing Law?

Member Participation is KEY!

3. There IS Strength in Numbers…Every NJ USAGMember Should Participate!

→Why?

Probably Not a Matter of IF but WHEN NJ DCF Stops By.

Activating Member List & Contacts

4. NJ USAG Member List and Contact Info is Invaluable. Start Communications Now.

→First Things First – Create an Inventory of Who Knows Who in NJ government.

→Second – Secure max participation from NJ USAG clubs, then link up with any sports or other instruction disciplines similarly affected. Build a critical mass that can’t be ignored.

→Third – Form a steering committee of volunteers who will marshal & coordinate efforts North/South/East/West!

NJ USAG Tactics & Tools5. Once Organized –

a. Frame up a letter to the NJ DCF Director, or use ready-made meeting request form at http://www.nj.gov/dcf/about/commissioner/

b. Ask for a meeting with her for a representative number of NJ USAG clubs from around NJ. Include a “fact sheet” on what gymnastics clubs mean to the state of NJ.

c. After a reasonable time, and calls to cement the appointment, make the letter public. Use social media and traditional media. Prepare for pushback.

d. Copy every member of the NJ legislature, with an extra cover note to each legislator that if the NJ DCF doesn’t help out small businesses (you) in their (the legislator’s) communities, you’ll be in to ask for relief in the matter. Keep your local representatives informed each step of the way in effort to secure a change directly from, or working with, the NJ DCF

NJ USAG Tactics & Tools (cont.)e. Eventually, copy every legislator’s local papers in a guest op/ed, or series of letters to the Editor, urging the need for a change in focus from NJ gymnastics businesses to true child care settings. Don’t stop there; publish in local Chamber of Commerce newsletters, community blogs, any publication your clients might read so they understand how this affects them and their kids’ sports-related activities.

f. Make your district office appointment, ASAP, with each club legislator to begin the conversation about the “lost focus” of inspection and enforcement of this law on unique sports businesses.

g. Keep it positive! Focus on that “lost focus” that doesn’t do a thing for your unique clients in a unique sports sector. Emphasize how NJ USAG clubs will, first, be working with the NJ DCF to produce a different result for gymnastics clubs, including yours, in his/her district. Keep them posted…and let them know you’ll be back if necessary.

NJ USAG Tactics & Tools (cont.)

h. About that Meeting –

Allison Blake, PhD, LSW, CommissionerDepartment of Children and Families50 East State Street, 2nd floorPO Box 729Trenton, NJ 08625-07291-855-INFO-DCF (1-855-463-6323)

Your Agency Official – Allison Blake, PhD, LSW, Commissioner NJ DCF

-Blake appointed Commissioner of NJ DCF by Gov. Christie & unanimously confirmed June 21, 2010. -Blake focuses on community-based/family-centered DCF service delivery, inclusion of parent/youth voices in DCF planning, and expanded community partnerships to enhance child abuse prevention. -Previously served as Dir.-Institute for Families at Rutgers School of Social Work. Also was VP-Accreditation Operations, Council on Accreditation for “best practice” standards for public/private service organizations.-BS in Social Work – Univ. of Dayton. MS in Social Work – Rutgers Univ. and Ph.D. in Social Work - Fordham University.

NJ USAG Tactics & Tools (cont.)

NJ USAG Tactics & Tools (cont.)

i. Don’t be surprised if the meeting doesn’t produce immediate results in the form of a reinterpretation of what is/isn’t a “child care center.” If not, get a tight timeline for a final decision from the DCF that provides clear guidance re: each element of the gymnastics “exception.”

j. Consider working with NFIB-New Jersey or NJBIA - New Jersey Business & Industry Association, and local chambers of commerce, and professional & trade associations. Effort may need considerable influence. Then…plan on supporting legislation to make necessary changes.

NJ USAG Allies?

NFIB – New Jersey

http://www.nfib.com/new-jersey/

New Jersey Business & Industry Association (NJBIA)

https://www.njbia.org/

Member Support is a MUST! 6. Support the Legislation That May be Necessary.

a. Shoot for 100% member club participation via (i) letter writing in support a Child Care Licensing Law reform bill, (ii) meeting with every legislator within the vicinity of every NJ USAG club (i.e., at least 1 Senator and 1 Representative per club), (iii) ensure club & coalition representatives appear at every hearing scheduled for a reform bill working closely with the author selected to provide testimony and support activities, (iv) go on local radio, local television, social media and op-eds in traditional media, and (v) copy the governor’s legislative deputy responsible for advising on the proposed bill when it reaches her.

b. Veto? Press for a veto override (2/3 in each House -- 27 votes in the Senate; 54 votes in the General Assembly). You will have seen - in advance -as many members of the 120-member NJ legislature (40 seats Senate; 80 seats General Assembly) with follow-up leading up to override vote.

NJ USAG Affiliates – Strength in Numbers

Q&A