N.J. Admin. Code § 10:123-2.7

Current through Register Vol. 56, No. 24, December 18, 2024

Section 10:123-2.7 - Confidentiality

(a) The county welfare agencies and the Division of Family Development shall maintain confidentiality with respect to the Central Registry and all matters in relation to any report or investigation and evaluation. The identities of the complainants, witnesses, residents and other involved parties and all evaluations, findings, recommended actions and all the information received and compiled, shall not be a public record and shall not be disclosed or released. This confidentiality provision is in accordance with P.L. 1979, c. 496 (the Rooming and Boarding House Act of 1979), N.J.S.A. 30:4-24.3, Department of Human Services Administrative Order 2:01, 45 CFR 205.50 and other applicable State and Federal laws and regulations. Exceptions to prohibited disclosure are limited to situations where:

1. The individual identified or his or her legal guardian has consented to the release of information in writing;

2. The disclosure or release is necessary to enable the county welfare agency or the Division of Family Development to perform its duties, coordinate investigations and to support any opinions or recommendations that may result from a report of investigation; or

3. A court, upon its determination, directs that disclosure is necessary for the conduct of proceedings before it and that failure to make such disclosure would be contrary to the public interest.

N.J. Admin. Code § 10:123-2.7

Amended by R.1990 d.388, effective 8/6/1990.
See: 22 N.J.R. 1520(a), 22 N.J.R. 2318(b).
Text on general reporting recodified to 2.8; text on confidentiality recodified from 2.5.
Amended by R.2011 d.146, effective 6/6/2011.
See: 42 N.J.R. 2916(a), 43 N.J.R. 1341(a).
In the introductory paragraph of (a) and in (a)2, substituted "Family Development" for "Youth and Family Services";in the introductory paragraph of (a), substituted "county welfare agencies" for "County Welfare Agencies", "c. 496" for "c.496", and "Federal" for "federal", and deleted a comma following "residents" and "CFR 205.50"; in (a)1, inserted "or her", and deleted "or" from the end; and in (a)2, deleted a comma following "investigations".