N.J. Admin. Code § 10:69-9.21

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

Section 10:69-9.21 - Reporting criminal offenses to law enforcement authorities

(a) Investigation of new applications or investigations for redetermination of eligibility may indicate to the CWA that a crime may have been committed. Allegations of the suspected commission of a crime may also be made known to the CWA through various other sources, including, but not limited to, phone calls, written communications, or verbal communications from individuals. In matters of reporting of criminal offenses, the CWA shall, at all times, maintain full compliance with the provisions of N.J.A.C. 10:69-7, dealing with basic principles for safeguarding of information.

(b) The nature of offenses which must be reported to local authorities are:

1. Arson, manslaughter, murder or any crimes which constitute crimes of the third, second and first degrees, such as atrocious assault and battery, carnal abuse, incest or rape. (Refer to legal counsel for additional information identifying crimes of the third, second and first degrees.); and

2. In order to afford protection to children, certain other crimes and abuses as required by Federal, State or local statute or regulations must also be reported to the proper authorities.

(c) Knowledge of the actual commission of a Federal felony must be reported to Federal authorities unless law prohibits the disclosure of such information. (Refer to legal counsel for identification of Federal felonies.)

(d) When the CWA becomes aware of facts that would indicate that one of the crimes in (b) or (c) above has been or may have been committed or receives a direct allegation in any form, written, verbal, or anonymous, that such a crime has been committed, it shall proceed as follows:

1. The CWA director shall personally, and in collaboration with counsel, review whatever facts and circumstances are immediately available in order to determine whether there is suspicion that a crime was committed.

2. If the CWA director is satisfied that there is evidence to support an investigation as to whether a crime has been committed, he or she shall, after consultation with counsel, report the matter to the county prosecutor, or to a local police department or to the State Police if so directed by the office of the prosecutor. If such matter involves suspected child abuse or neglect, it shall also be reported to the social service unit which shall contact the Division of Child Protection and Permanency (see N.J.A.C. 10:69-3.12) .

3. When a decision has been made to report the alleged or suspected commission of the crime, such report shall be made in written form to the appropriate law enforcement agency.

4. The CWA shall cooperate fully with any subsequent investigation initiated by the law enforcement agency within the limits of this chapter. A CWA staff member may sign a written complaint only upon a written request from the law enforcement agency, provided his or her information of the facts to be stated in such complaint is based upon his or her own personal knowledge and belief.

N.J. Admin. Code § 10:69-9.21

Amended by 49 N.J.R. 3729(a), effective 12/4/2017