USA Gymnastics -

New Jersey Thinks Your

Gym May Be A Child Day
Care Business – What Do
You Think?

John Valencia
Wilke Fleury Law/Lobbying Firm
400 Capitol Mall, 22nd Floor
Sacramento, CA 95814
(916) 441-2430
jvalencia@wilkefleury.com
 The Issue
1. 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…not
designed/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 or
institution.

To qualify for exemption from licensing, a program must:

i. Provide activities that are supervised on a full-time basis by an adult; and
ii. Provide only a single instruction or activity program. For children under age
six years, single instruction or activity programs are limited to no more than
two 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 teacher
and 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 of
gymnastics 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 purposes
c. ‘…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; and
e. 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 USAG

Member 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 & Tools
5. 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, Commissioner

Department of Children and Families
50 East State Street, 2nd floor
PO Box 729
Trenton, NJ 08625-0729
1-855-INFO-DCF (1-855-463-6323)
NJ USAG Tactics & Tools (cont.)
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.)

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