N.J. Admin. Code § 3A:3-2.1

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

Section 3A:3-2.1 - Protective service information

(a) The Division shall only disclose protective service information to a client, former client, parent, or legal guardian as permitted by N.J.S.A. 9:6-8.10a, subject to limitations of this chapter.

(b) The Division shall not disclose, confirm, or deny the identity of a reporter, unless:

1. The reporter gives prior written consent and the disclosure is not likely to endanger the life or safety of the reporter or other person or result in the discharge of, or discrimination against, the reporter, with respect to his or her employment;

2. Disclosure is permitted by statute or court rule and the disclosure is not likely to endanger the life or safety of the reporter or other person or result in the discharge of, or discrimination against, the reporter, with respect to his or her employment; or

3. Disclosure is required by statute or court rule.

(c) The Division shall not release the name or any other information identifying the person or entity who reported a child fatality or near fatality to the Division to the public or the media pursuant to N.J.S.A. 9:6-8.10a, whether or not the reporter gives prior written consent.

(d) Each Division representative shall base his or her determination as to whether the disclosure of the identity of a reporter would be likely to endanger the life or safety of the reporter or other person, or jeopardize the reporter's employment, upon the Division representative's and his or her supervisor's evaluation of the nature and seriousness of the case and an assessment of the propensity for violence and harm or discharge or discrimination.

(e) The Division shall disclose a client's protective service information to persons other than the client or the client's parent or guardian only as permitted by law, including N.J.S.A. 9:3-54.2 and 9:6-8.10a. The Division shall not permit any person to have unrestricted review of its records or general access to child protective information contained therein, except as otherwise provided by law or court order in accordance with N.J.S.A. 9:6-8.10a.b(6).

(f) The Division shall notify the police or local law enforcement authority of each substantiated incident of abuse or neglect involving a child who resides within their jurisdiction in accordance with N.J.A.C. 3A:10-7.5(e) and (f).

N.J. Admin. Code § 3A:3-2.1

Amended by R.1999 d.255, effective 8/2/1999.
See: 30 N.J.R. 3918(a), 31 N.J.R. 2214(b).
In (a), substituted a reference to legal guardians for a reference to guardians, and inserted "discuss," following "information to" in the last sentence; and rewrote (b) and (c).
Amended by R.2007 d.157, effective 5/21/2007.
See: 38 N.J.R. 1634(b), 39 N.J.R. 2115(b).
Rewrote the section.
Amended by R.2015 d.073, effective 5/4/2015.
See: 46 N.J.R. 1535(a), 47 N.J.R. 896(b).
Rewrote the section.