N.J. Admin. Code § 3A:3-2.7

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

Section 3A:3-2.7 - Disclosure of information to other government entities

(a) A Federal, State, or local government entity requesting information regarding an abuse or neglect report, when the information is being requested for a matter other than the investigation of a report of abuse or neglect, shall submit a written request to: Division of Child Protection and Permanency, PO Box 717, Trenton, NJ 08625-0717.

(b) The request shall include:

1. A citation identifying the requester's legal authority to receive the information;

2. The specific information that is being requested;

3. The purpose for which the information will be used; and

4. A statement indicating that the requesting government entity will keep the information confidential.

(c) The following safeguards are applicable when information is requested by a government entity. The Division shall disclose only that information that:

1. The requestor is legally permitted to receive;

2. Is not likely to endanger the life, safety, or physical or emotional well-being of a child or the life or safety of any other person;

3. Is not likely to compromise the integrity of a child protection investigation or a civil or criminal investigation or judicial proceeding;

4. Is not deemed confidential by Federal or State law other than N.J.S.A. 9:6-8.10a;

5. Does not contain the name of the reporter or any other information which could readily identify the reporter, unless the reporter gives prior written consent in accordance with N.J.A.C. 3A:3-2.1(c); and

6. Does not contain the name of or any information which could readily identify the Division representative or representatives assigned to the child protection investigation or the management of an open case.

(d) A government entity receiving information pursuant to N.J.S.A. 9:6-8.10a shall keep the information confidential and shall not redisclose the information. A violation of this confidentiality requirement shall be subject to criminal sanctions pursuant to N.J.S.A. 9:6-8.10b.

N.J. Admin. Code § 3A:3-2.7

The following annotations apply to N.J.A.C. 10:133G-2.7 prior to its recodification in part from N.J.A.C. 10:133G-5.1 by R.2015 d.073:
Amended by R.2001 d.114, effective 4/2/2001.
See: 32 N.J.R. 3968(a), 33 N.J.R. 1141(a).
Amended by R.2007 d.157, effective 5/21/2007.
See: 38 N.J.R. 1634(b), 39 N.J.R. 2115(b).
Substituted "an" for "a child" preceding the first occurrence of "abuse" and deleted "child" preceding the second occurrence of "abuse".
The following annotation applies to N.J.A.C. 10:133G-2.7 prior to its recodification in part from N.J.A.C. 10:133G-5.3 by R.2015 d.073:
Amended by R.2007 d.157, effective 5/21/2007.
See: 38 N.J.R. 1634(b), 39 N.J.R. 2115(b).
In the introductory paragraph of (a), substituted "The Director or designee" for "A representative of the Office of the Director"; in (a)2 substituted "or" for "and"; in (a)2, (a)3 and (a)4, substituted "an abuse or neglect" for "a child abuse"; in (a)3, substituted "child protection" for "Division"; in (a)5, inserted the first occurrence of "the reporter", substituted the second occurrence of "reporter" for "referral source who reported and incident or referred the child to the Division" and substituted the third occurrence of "reporter" for "referral source"; and in (a)6, inserted "child protection" and substituted "an open case" for "the case".
The following annotation applies to N.J.A.C. 10:133G-2.7 subsequent to its recodification in part from N.J.A.C. 10:133G-5.1 and N.J.A.C. 10:133G-5.3 by R.2015 d.073:
Recodified in part from N.J.A.C. 10:133G-5.1 and N.J.A.C. 10:133G-5.3 and amended by R.2015 d.073, effective 5/4/2015.
See: 46 N.J.R. 1535(a), 47 N.J.R. 896(b).
Sections were "Request procedure" and "Safeguards". Rewrote the section.