N.J. Admin. Code § 3A:3-2.6

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

Section 3A:3-2.6 - Disclosure within the Division, the Department, the Department of Law and Public Safety, Division of Law, and the court

(a) Division employees shall disclose personal client information to other Division employees and to employees of the Division of Law within the Department of Law and Public Safety only to the extent that such disclosure is necessary for the execution of those persons' official duties. Division employees shall redact client information from any record used for training.

(b) Staff of the Department's Office of Legal Affairs, the Commissioner or Chief of Staff of the Department of Children and Families or each Director of an office or Division of the Department of Children and Families shall have the authority to request and receive all information about Division clients.

(c) The Division shall disclose requested client information to a Deputy Attorney General, Department of Law and Public Safety, Division of Law, or any other attorney representing the Division.

(d) The Division Director or designee may, and upon written request shall, release records and reports to any division or unit in the Department authorized to care for, treat, or supervise a child who is the subject of an abuse or neglect report, or a parent or other person who is responsible for the child's welfare, or both, when the information is needed in connection with the provision of care, treatment, or supervision of a child or parent or other person pursuant to N.J.S.A. 9:6-8.10a.b(5).

(e) The Division shall allow the Division of Medical Assistance and Health Services' quality control reviewers to review its records to the extent necessary to confirm a child's Medicaid eligibility, in accordance with 45 CFR 74.24 and 1340.14(i)(5). The quality control reviewers shall not photocopy any materials from a Division case record nor have unrestricted review of records or general access to a case record.

(f) The Division shall release to the court its records about a juvenile before the Superior Court, Chancery Division, Family Part, pursuant to 42 U.S.C. § 5633(a)(26).

N.J. Admin. Code § 3A:3-2.6

Amended by R.1999 d.255, effective 8/2/1999.
See: 30 N.J.R. 3918(a), 31 N.J.R. 2214(b).
In (b), added 1; and added (d).
Amended by R.2001 d.114, effective 4/2/2001.
See: 32 N.J.R. 3968(a), 33 N.J.R. 1141(a).
In (b), inserted "Department's" preceding "Office" and substituted "Liaison" for "Affairs" following "Regulatory"; added (e).
Amended by R.2007 d.157, effective 5/21/2007.
See: 38 N.J.R. 1634(b), 39 N.J.R. 2115(b).
Section was "Disclosure within the Division, the Department and Department of Law and Public Safety, Division of Law". In (a), substituted "A Division employee shall disclose personal client information" for "Personal client information shall be disclosed" and "Each Division employee" for "The Division", and inserted "or omit"; rewrote the introductory paragraph of (b) and (b)1; in (c), substituted "A Division employee" for "The Division"; in (d), inserted "Director or designee" and substituted "an abuse or neglect" for "child abuse"; in (e), substituted "its records" for "a Division case record", "nor" for "And shall not" and "records or" for "a case record"; and added (f).
Recodified from N.J.A.C. 10:133G-3.5 and amended by R.2015 d.073, effective 5/4/2015.
See: 46 N.J.R. 1535(a), 47 N.J.R. 896(b).
Rewrote (a) and (c); in the introductory paragraph of (b), deleted "and Regulatory" following "Legal"; and deleted (b)1.