N.J. Admin. Code § 12:15-1.7

Current through Register Vol. 56, No. 11, June 3, 2024
Section 12:15-1.7 - Definitions

The following words and terms, when used in 12:15-1.8, 1.9, and 1.10 shall have the following meanings:

"Certified Domestic Violence Specialist" means a person who has fulfilled the requirements of certification as a domestic violence specialist established by the New Jersey Association of Domestic Violence Professionals.

"Domestic violence" means the occurrence of one or more of the following acts inflicted upon a person protected under the Prevention of Domestic Violence Act of 1991, 2C:25-17 et seq., by an adult or an emancipated minor:

1. Homicide (2C:11-1 et seq.);

2. Assault (2C:12-1 );

3. Terroristic threats (2C:12-3 );

4. Kidnapping (2C:13-1 );

5. Criminal restraint (2C:13-2 );

6. False imprisonment (2C:13-2 );

7. Sexual assault (2C:14-2 );

8. Criminal sexual contact (2C:14-3 );

9. Lewdness (2C:14-4 );

10. Criminal mischief (2C:17-3 );

11. Burglary (2C:18-2 );

12. Criminal trespass (2C:18-3 );

13. Harassment (2C:33-4 ); and/or

14. Stalking (2C:12-10 ).

"Domestic Violence and Workforce Development Initiative Act training" means instruction with regard to the effective implementation of section 2, subsections (b), (c), (d) and (e) of the Domestic Violence and Workforce Development Initiative Act, P.L. 2005, c. 309 (34:1A-1.7 et seq.).

"Domestic violence liaison" means a designated Department employee within each One-Stop Career Center, to whom a self-assessed victim of domestic violence shall be directed and whose functions shall include with regard to:

1. Unemployment compensation claimants, to make referrals to services determined to be appropriate in the case of the claimant, including, but not limited to, any appropriate referral to a designated domestic violence agency as defined at 43:21-5(j) or a community shelter for victims of domestic violence certified pursuant to standards and procedures established by 30:14-1 et seq., and to disclose the rights that the claimant may have to unemployment compensation pursuant to 43:21-5(j); or

2. Individuals utilizing counseling or employment services under 34:15B-38, 34:15D-7 or 43:21-59, to make referrals to services determined to be appropriate in the case of the individual, including, but not limited to, any appropriate referral to a designated domestic violence agency as defined at 43:21-5(j) or a community shelter for victims of domestic violence certified pursuant to standards and procedures established by 30:14-1 et seq., to disclose the rights that the individual may have to unemployment compensation pursuant to 43:21-5(j), and to assume responsibility for counseling the individual in the design of his or her Employability Development Plan, which plan shall be developed to include appropriate accommodations for the individual's needs as a victim of domestic violence.

"Emancipated minor" means a person who is under 18 years of age but who has been married, has entered military service, has a child or is pregnant or has been previously declared by a court or an administrative agency to be emancipated.

"One-Stop Career Center" means any of the facilities established, sponsored or designated by the State, a political subdivision of the State and a Workforce Investment Board in a local area to coordinate or make available State and local programs providing employment and training services or other employment-directed and workforce development programs and activities, including job placement services, and any other similar facility, as may be established, sponsored or designated at any later time to coordinate or make available any of those programs, services or activities.

"Victim of domestic violence" means a person protected under the Prevention of Domestic Violence Act of 1991, 2C:25-17 et seq., and shall include any person who is 18 years of age or older or who is an emancipated minor and who has been subjected to domestic violence by a spouse, former spouse, or other person who is a present or former household member. "Victim of domestic violence" also includes any person, regardless of age, who has been subjected to domestic violence by a person with whom the victim anticipates having a child in common, if one of the parties is pregnant. "Victim of domestic violence" also includes any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship.

N.J. Admin. Code § 12:15-1.7

New Rule, R.2008 d.280, effective 9/15/2008.
See: 40 N.J.R. 1750(a), 40 N.J.R. 5241(a).