N.J. Admin. Code § 10:44D-7.1

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

Section 10:44D-7.1 - Central Registry of Offenders Against Individuals with Developmental Disabilities Registry checks

(a) The Office of Program Integrity and Accountability, shall maintain the Central Registry of Offenders Against Individuals with Developmental Disabilities. All persons placed on the Central Registry shall be identified, to the extent ascertainable at the time of their placement, by:

1. Full name, any previous maiden name or aliases;

2. Most recent address;

3. Social Security number;

4. Date of birth; and

5. The Unusual Incident Report number, issued by the Critical Incident Management Unit, upon which placement on the Central Registry was made.

(b) The Office of Program Integrity and Accountability shall provide specific forms or electronic methods for entities that employ, license or contract with caregivers to obtain information sufficient to identify a person on the Central Registry by providing the information contained in (a)1 through 4 above.

(c) Every entity that employs caregivers, including volunteers, alternates and respite providers, in a State-operated facility or program licensed, contracted or regulated by the Department of Human Services, or providing State-funded community-based services to individuals with developmental disabilities shall develop policies and procedures that ensure:

1. Every caregiver, as described in this chapter, consents to having their identity checked against the Central Registry of Offenders Against Individuals with Developmental Disabilities;

2. Every caregiver, as described in this chapter, is aware of the duty to report allegations of abuse, neglect and exploitation, the method of reporting, the duty to cooperate with an investigation of the allegation, the immunity for reporting and the penalty for failure to report such allegations;

3. Every potential caregiver, as described in this chapter, has their identity checked against the Central Registry of Offenders Against Individuals with Developmental Disabilities, before employment;

4. Every employer shall check that none of their caregivers or volunteers appear on the Central Registry of Offenders Against Individuals with Developmental Disabilities; and

5. Documentary evidence of due diligence to prevent persons on the Central Registry of Offenders Against Individuals with Developmental Disabilities from being employed, contracted, licensed or financed in any way by State funding to provide care to individuals with developmental disabilities. This includes persons with a license to operate a community care residence, as well as every occupant, alternate and respite provider in a community care residence setting.

(d) The Department shall monitor entities that employ caregivers in State-operated facilities or programs licensed, contracted or regulated by the Department of Human Services, or providing State-funded community-based services. Failure by an entity to comply with (c) above may result in regulatory action including, but not limited to, license suspension or revocation, a decrease or cessation of funding and/or a suspension or revocation of contracting.

(e) Upon being notified of being on the Central Registry, a person so identified may contest the identification (but not the circumstances of being placed on the Registry; that procedure is specified in 10:44D-6.2) . Within 10 calendar days of receiving notification, the person shall submit a written request with identification information to the Office of Program Integrity and Accountability. The person and the employer, licensing unit or contracting unit will be notified in the event of a mistaken identification, within 10 calendar days.

N.J. Admin. Code § 10:44D-7.1