N.J. Admin. Code § 3A:3-2.2
Current through Register Vol. 56, No. 23, December 2, 2024
Section 3A:3-2.2 - Child welfare information(a) Each child welfare client is entitled to know what information is being collected, how it is used, and who has access to the information, except as limited in N.J.A.C. 3A:3-2.2(b) and (d), 2.3, and 2.5.(b) No current or former client shall have unrestricted review of the Division records or general access to the information contained therein, except as otherwise provided by statute or court rule.(c) A client currently or formerly receiving services may inspect or copy his or her own records as they relate to financial eligibility for or receipt of benefits, assistance, or services.(d) The Division shall disclose to a current or former client other child welfare information from the client's records to the extent that the client makes a reasonable demonstration of his or her need to know. The Division shall consider the client's statement of the need for the information as such reasonable demonstration, unless the Division has compelling reason to withhold the requested information, such as when the Division determines that disclosure of such information would likely endanger the life, safety, or physical or emotional well-being of a child or the life or safety of any other person. The determination shall be based on the Division representative's and his or her supervisor's professional judgment or that of another professional who has evaluated the nature and seriousness of the case and an assessment of the client's propensity for violence and harm as based on the client's known past behavior and threats against himself, herself, or others. If the Division denies the disclosure of the child welfare information to the client, the Division shall: 1. Give the client a verbal explanation of the reason for denial; and2. Outline the reasons for denial in writing and make this a part of the client's record.(e) Whenever there is reason to believe that a request for examination or copying of records is made in connection with a claim for compensation or damages against the State of New Jersey or State employees, the Attorney General shall be notified prior to honoring the request. The Office of Legal Affairs shall make the notification for the Division.(f) The Division shall disclose child welfare information to persons other than the client or his or her parent or guardian only with the client's prior consent, except in an emergency, in which case, the Division shall advise the client of the request and disclosure at a later time. With the client's consent or in an emergency, the Division shall disclose information about that client, subject to the limitations and provisions set forth in 45 CFR 205.50, 1355.21, and 1355.30, and only to a person or agency representative who is subject to standards of confidentiality comparable to those of the Division and only to a party who presents a need to know the information requested, for example, information needed to provide medical, psychological, or social services to the child or family, except when restricted by law or N.J.A.C. 3A:3-2.3(a)1. No person shall have unrestricted review of the case records or general access to the information contained therein, except as otherwise provided by statute or court rule.N.J. Admin. Code § 3A:3-2.2
Amended by R.1999 d.255, effective 8/2/1999.
See: 30 N.J.R. 3918(a), 31 N.J.R. 2214(b).
In (e), deleted references to the Claims Service Section throughout.
Amended by R.2007 d.157, effective 5/21/2007.
See: 38 N.J.R. 1634(b), 39 N.J.R. 2115(b).
Rewrote (a); in (b), substituted "Division records" for "case record" and inserted "except as otherwise provided by statute or court rule"; in (c), deleted "or" preceding "assistance" and inserted ", or services"; in (d), substituted "A Division representative" for "The Division" and "each division representative" for "the division", and inserted "representative" three times; and in (e), deleted "Office of the" preceding "Attorney General" and substituted "Affairs" for "and Regulatory Liaison".
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 introductory paragraph of (d); and added (f).