N.J. Admin. Code § 3A:10-7.6

Current through Register Vol. 56, No. 24, December 18, 2024

Section 3A:10-7.6 - Notification of finding

(a) The Department representative shall provide notification of the finding to those persons specified in (c), (d), and (e) below. The Department representative shall delay the notification, as long as the delay does not appear to put the alleged child victim at risk, when a case is in litigation or a report is under criminal investigation and the police, prosecutor, or deputy attorney general has determined that notification of the investigation findings to persons in (c), (d), and (e) below, would interfere with the litigation.

1. A Department representative shall consult with the deputy attorney general before a finding of unfounded or not established is made on a case in litigation.

2. The Department representative shall provide written notification by either personal service or regular and certified mail to the perpetrator of each substantiated or established allegation.

3. The Department representative shall provide written notification of the finding by regular mail to those persons specified in (d) and (e) below.

(b) The child protective investigator shall notify persons specified in (c), (d), and (e) below of the finding no later than 10 days from the date upon which the Department made a finding unless for good cause approved by a supervisor.

(c) The child protective investigator shall advise each person identified as a perpetrator in a report of substantiated or established abuse or neglect that:

1. He or she has been identified as a perpetrator of abuse or neglect;

2. His or her name and identifying information are entered into the Department's child abuse registry, pursuant to N.J.S.A. 9:6-8.11; and

3. He or she shall have an opportunity to dispute a finding of either substantiated or established abuse or neglect, in accordance with N.J.A.C. 3A:5.

(d) The child protective investigator shall advise each alleged perpetrator of the finding, when a report is unfounded, except as limited by (a) and (b) above.

(e) The child protective investigator shall advise the following people that the investigation has been completed and the finding of the investigation, upon completion of the investigation:

1. The caregiver with physical custody at the time of the incident;

2. The parent with whom the alleged child victim normally resides;

3. The parent to whom the alleged child victim will be returned, if the alleged child victim was in an institution at the time of the incident; and

4. The institutional caregiver or chief administrator of the institution, if the alleged child victim was in institutional placement.

N.J. Admin. Code § 3A:10-7.6

Administrative Change, 49 N.J.R. 98a.

Amended by 51 N.J.R. 825(b), effective 6/3/2019