N.J. Admin. Code § 10:48A-2.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:48A-2.1 - General standards

(a)N.J.S.A. 30:6D-63 to 72 requires that any community agency under contract with, or licensed by, the Department shall not pay or contract for any employee or agency head for the provision of services unless it has first been determined that no criminal history record information exists on file in the Federal Bureau of Investigation Identification Division, or in the State Bureau of Identification in the Division of State Police, which would disqualify the community agency head, or the community agency employee from such employment. N.J.S.A. 30:6D-63 through 72 also requires that a community care residence shall not be qualified to house individuals unless it has first been determined that no criminal history record information exists on file in the Federal Bureau of Investigation Identification Division, or in the State Bureau of Identification in the Division of State Police, which would disqualify the community care residence applicant, community care residence licensee, community care residence alternate, or community care residence household member.

(b) Fingerprints shall be taken electronically through a "live scan" process. The agency staff, community care residence applicant, community care residence licensee, community care residence alternate, or community care residence household member shall be responsible to schedule an appointment to have fingerprints taken by the current approved vendor using the information on the unique fingerprint form provided by the employer or the Division. The State Bureau of Identification will check its own records and forward an inquiry to the Federal Bureau of Investigation.

(c) It shall be the responsibility of the community agency head, community care residence applicant, or community care residence licensee to ensure compliance with this chapter.

(d) If the criminal history record indicates a conviction for certain criminal or disorderly persons offenses, the employee shall be terminated from employment, or the community care residence shall not be qualified to house individuals unless the employee, the community care residence applicant, community care residence licensee, community care residence alternate, or community care residence household member affirmatively demonstrates to the Department, clear and convincing evidence of his or her rehabilitation.

(e) If a prospective employee, community care residence applicant, prospective community care residence alternate, or prospective community care residence household member refuses to consent to or cooperate in securing a background check, the person shall not be considered for employment, or the community care residence shall not be qualified to house individuals.

(f) If a current employee refuses to consent to or cooperate in securing fingerprints for the purpose of a background check, the person shall be immediately removed from his or her position and the person's employment shall be terminated. If a community care residence licensee, community care residence alternate, or community care residence household member refuses to consent to or cooperate in securing fingerprints for the purpose of a background check, the community care residence shall not be qualified to house individuals.

(g) A background check shall be conducted at least once every two years through the electronic submission of an archive request. An archive request shall be submitted by the community agency electronically to the DDD fingerprint liaison to be forwarded to the live scan vendor. The Department shall submit the archive request for a community care residence. The CHRI result will be forwarded to the DHS Coordinator for distribution to the requesting community agency or to the community care residence.

(h) The community agency head and all employees who may come in contact with persons served by the agency, shall submit their fingerprints prior to employment to the Department of Human Services office, as directed by the Division. A community care residence applicant, community care residence licensee, community care residence alternate, or community care residence household member shall submit their fingerprints to the Department, as directed by the Division.

(i) If the background check of the community agency head, community care residence applicant, or community care residence licensee reveals a criminal record as identified below, the Department shall determine within 60 days, if the community agency head, community care residence applicant, or community care residence licensee has been rehabilitated in accordance with N.J.A.C. 10:48A-3.4.

(j) The community agency head shall ensure that each employee who may come in contact with persons served by the agency shall be fingerprinted in accordance with the procedures in this chapter. The community care residence applicant or community care residence licensee shall ensure that each community care residence alternate or community care residence household member shall be fingerprinted in accordance with the procedures set forth in this chapter.

(k) All employees, community care residence applicants, community care residence licensees, community care residence alternates, and community care residence household members shall sign a written consent to the criminal background check (refer to the chapter Appendix, incorporated herein by reference) prior to the time the fingerprints are taken. This consent shall remain on file in the agency or community care residence.

(l) Individuals shall be disqualified for employment and community care residences shall be disqualified from housing individuals if any employee, any community care residence applicant, community care residence licensee, community care residence alternate, or community care residence household member has been convicted of any of the following crimes or disorderly persons offenses in New Jersey:

1. Any crime or disorderly person offense involving danger to the person as set forth in 2C:11-1 et seq. through 2C:15-1 et seq., including the following:

i. Murder;

ii. Manslaughter;

iii. Death by auto;

iv. Simple assault;

v. Aggravated assault;

vi. Recklessly endangering another person;

vii. Terroristic threats;

viii. Kidnapping;

ix. Interference with custody of children;

x. Sexual assault;

xi. Criminal sexual contact;

xii. Lewdness; or

xiii. Robbery;

2. Any crime against children or incompetents as set forth in 2C:24-1 et seq., including the following:

i. Endangering the welfare of a child; or

ii. Endangering the welfare of an incompetent person;

3. A crime or offense involving the manufacture, transportation, sale, possession or habitual use of a controlled dangerous substance as defined in 24:21-1 et seq.; or

4. In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in (l)1 through 3 above.

N.J. Admin. Code § 10:48A-2.1

Amended by 48 N.J.R. 594(a), effective 4/4/2016

Amended by 55 N.J.R. 1830(a), effective 8/21/2023