N.J. Admin. Code § 10:44D-2.2

Current through Register Vol. 56, No. 23, December 2, 2024

Section 10:44D-2.2 - Reporting allegations

(a) The Division of Developmental Disabilities, after determining that a report made to the Division, either orally or in writing, contains at least one allegation of abuse, neglect or exploitation, as set forth in 10:44D-2.1, shall prepare an Unusual Incident Report.

(b) A person making a report, in good faith, pursuant to the Act and this chapter shall be immune from any civil or criminal liability that might otherwise be incurred or imposed. Such a person shall have the same immunity with respect to testimony given in any judicial proceeding resulting from the report.

(c) A person who, in good faith, reports or causes a report to be made of an allegation of abuse, neglect or exploitation pursuant to the Act and this chapter, and, as a result thereof, is discharged from employment or is in any manner discriminated against with respect to compensation, hire, tenure or terms, conditions or privileges of employment, contract or licensure, may file a cause of action for appropriate relief in the Superior Court in the county in which the discharge or alleged discrimination occurred or in the county of the person's primary residence. If the court finds that the person was discharged or discriminated against as a result of the person's reporting an allegation of abuse, neglect or exploitation pursuant to the Act, the court may grant reinstatement of employment with back pay or other legal or equitable relief.

(d) Upon receiving an allegation of abuse, neglect or exploitation, the Division of Developmental Disabilities will enter all of the known information pertaining to the particulars thereof into the Unusual Incident Reporting Management System, maintained by the Critical Incident Management Unit within the Office of Program Integrity and Accountability.

(e) The Office of Program Integrity and Accountability shall prioritize incidents by severity, assign investigatory duties, notify appropriate Department personnel and set timelines for completion of findings.

(f) Upon receipt of a report pursuant to the Central Registry, the Office of Program Integrity and Accountability in coordination with the Division of Developmental Disabilities (Division), shall take immediate actions as shall be necessary to ensure the safety of the individual with a developmental disability. The units within the Office of Program Integrity and Accountability and the Division shall develop protocols for, and are authorized to request, appropriate assistance from local and State law enforcement officials or contact Adult Protective Services to provide assistance in accordance with the provisions of P.L. 1993, c. 249 (N.J.S.A. 52:27D-406et seq.).

N.J. Admin. Code § 10:44D-2.2

Amended by 51 N.J.R. 85(a), effective 1/7/2019