N.J. Admin. Code § 3A:3-3.7

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

Section 3A:3-3.7 - Information that shall be disclosed about a child fatality or near fatality that was the result of abuse or neglect

(a) If a child protection investigation determines that the child fatality or near fatality was the result of a substantiated incident of abuse or neglect, unless prohibited by N.J.S.A. 9:6-8.10a or N.J.A.C. 3A:3-3.4 or withheld at the request of the county prosecutor, the Director or designee or a representative of the Department's Office of Communications shall disclose the following information to the media or a member of the public, as relevant to the given incident or the child's condition, in addition to the information disclosed during the child protection investigation in accordance with N.J.A.C. 3A:3-3.5:

1. The child's current medical condition or the date and cause of the child's death;

2. The child's current living arrangement, with this information provided under the same limitation as imposed by N.J.A.C. 3A:3-3.5(a)3 i, ii, and iii;

3. Details about the child protection investigation of the incident, including, but not limited to:

i. The type of abuse or neglect that was substantiated;

ii. Where the incident occurred; and

iii. The name of the perpetrator and his or her relationship to the child victim;

4. Whether the child protection investigation determined that another child was abused or neglected at the time of the incident. The name of that child shall not be disclosed unless that child was a child fatality or near fatality as well; and

5. To the extent it is pertinent to the abuse or neglect that led to the fatality or near fatality, information regarding the types of services provided by or through the Division, both prior and subsequent to the child fatality or near fatality, including service referrals given on behalf of the child victim, as well as the services or referrals given on behalf of the child victim's surviving family members, except as otherwise prohibited by law. No employee shall disclose the name of a service provider.

N.J. Admin. Code § 3A:3-3.7

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 "a child protection" for "the Division's"; deleted "child" preceding "abuse" and "the Office of" following "prosecutor,", and inserted "or designee", "a representative of" and the second occurrence of "child protection"; in (a)2, inserted a comma following "ii"; in the introductory paragraph of (a)3 and in (a)4, substituted "child protection" for "Division's"; in (a)3i, deleted "child" preceding "abuse"; and in (a)5, inserted ", except as otherwise prohibited by law" and rewrote the last sentence.
Recodified from N.J.A.C. 10:133G-4.6 and amended by R.2015 d.073, effective 5/4/2015.
See: 46 N.J.R. 1535(a), 47 N.J.R. 896(b).
In the introductory paragraph of (a), updated the N.J.A.C. references, and substituted "Communications" for "Public Information"; in (a)2, updated the N.J.A.C. references; and in (a)5, substituted "To the extent it is pertinent to the abuse or neglect that led to the fatality or near fatality, information regarding the" for "The".