N.J. Admin. Code § 10:44D-4.1

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

Section 10:44D-4.1 - Placement on the Central Registry of Offenders Against Individuals with Developmental Disabilities

(a) Upon completion of every investigation of abuse, neglect or exploitation that results in substantiation of the allegation or allegations, the investigating unit shall determine whether the incident involves any or all of the elements specified in (b), (c) or (d) below.

(b) In the case of a substantiated incident of abuse, the caregiver acted intentionally, recklessly or with careless disregard to the well-being of the service recipient resulting in injury to an individual with a developmental disability or by exposing the latter to a potentially injurious situation.

1. Acting intentionally is the mental resolution or determination to commit an act.

2. Acting recklessly is the creation of a substantial and unjustifiable risk of harm to others by a conscious disregard for that risk.

3. Acting with careless disregard is the lack of reasonableness and prudence in doing what a person ought not to do or not doing what ought to be done.

(c) In the case of a substantiated incident of neglect, it shall be determined if the caregiver acted with gross negligence, recklessness or evidenced a pattern of behavior that caused harm to an individual with a developmental disability or placed that individual in harm's way.

1. Acting with gross negligence is a conscious, voluntary act or omission in reckless disregard of a duty and of the consequences to another party.

2. Acting with recklessness is the creation of a substantial and unjustifiable risk of harm to others by a conscious disregard for that risk.

3. A pattern of behavior is a repeated set of similar wrongful acts.

(d) In the case of a substantiated incident of exploitation, any single act or set of acts that dispossesses a service recipient or group of service recipients of a monetary value of $ 100.00 or more.

(e) If the investigating unit determines that the elements in (b), (c) and (d) above are present or absent, the persons enumerated in 10:44D-3.1(d) will be notified in writing that the caregiver, who had been substantiated for abuse, neglect and/or exploitation will be or will not be considered for placement on the Central Registry of Offenders Against Individuals with Developmental Disabilities.

(f) Substantiated offense(s) may have consequences in other Department decisions, such as, but not limited to, licensing and/or contracting. Such decisions may be appealed pursuant to the procedures set forth in the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(g) If the investigating unit has determined that any or all of the elements in (b), (c) or (d) above are present, the investigating unit shall refer the matter to the Commissioner or the Commissioner's designee, who shall determine whether the perpetrator will be considered for inclusion on the Central Registry of Offenders Against Individuals with Developmental Disabilities.

N.J. Admin. Code § 10:44D-4.1