N.J. Admin. Code § 10:44D-3.3

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

Section 10:44D-3.3 - Notification of findings

(a) The investigating unit shall, by way of a written summary, notify the alleged perpetrator, and as applicable, the alleged perpetrator's employer of the findings of its investigation. The investigating unit shall also notify, as appropriate, the alleged victim, and, as applicable, the alleged victim's guardian, or authorized family member, of the findings of its investigation.

1. The written summary of the investigation shall be provided to the guardian of the individual with a developmental disability who is the subject of the alleged abuse, neglect, or exploitation; however, the actual records and reports of an investigation, subject to confidentiality rules, shall also be provided to a guardian or other person who is responsible for the welfare of the individual with a developmental disability if the information is needed in connection with the provision of care, treatment, assessment, evaluation, or supervision to the individual; and the provision of information is in the best interests of the individual with a developmental disability, as determined by the Division of Developmental Disabilities, as set forth in P.L. 2017, c. 238 (designated as Stephen Komninos' Law).

i. The written summary of an investigation of an alleged incident of abuse, neglect, or exploitation shall include, but need not be limited to:

(1) The name of the individual with a developmental disability who is the subject of the alleged abuse, neglect, or exploitation;

(2) The date of the incident, or the date the incident was reported if the incident date is unknown;

(3) Whether the incident is an allegation of abuse, neglect, or exploitation;

(4) The incident number;

(5) A summary of the allegation of abuse, neglect, or exploitation;

(6) A finding that the incident is substantiated or unsubstantiated;

(7) The rationale for the finding and, if the incident is substantiated, a description of the action or inaction that precipitated the finding;

(8) If known at the time of issuing the summary, whether or not criminal charges against the alleged offending caregiver are pending; and

(9) Whether remedial action was taken.

ii. If there is no guardian of the individual with a developmental disability who is the subject of the alleged abuse, neglect, or exploitation, the written summary shall be provided to an authorized family member who requests such summary, unless the individual has expressly prohibited the family member from receiving such summary.

N.J. Admin. Code § 10:44D-3.3

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