N.J. Admin. Code § 3A:50-4.6

Current through Register Vol. 56, No. 11, June 3, 2024

Section 3A:50-4.6 - Child Abuse Record Information (CARI) background checks

(a) As a condition of securing and maintaining a certificate, the agency shall provide written consent to the Department from the executive director and each staff member for a CARI background check to be conducted.

1. If an executive director refuses to consent to or cooperate in a CARI background check, the Department shall deny, suspend, revoke, or refuse to renew the certificate, as applicable. The agency may appeal the denial, suspension, revocation, or refusal to renew, as specified in N.J.A.C. 3A:50-2.4.

2. If a staff member refuses to consent to or cooperate in a CARI background check, the agency shall immediately terminate the staff member's employment at the agency.

(b) Upon receipt of written consent from an individual specified in (a) above, the Department shall conduct a search of its records to determine if an allegation of child abuse or neglect has been substantiated against the individual, pursuant to N.J.S.A. 9:6-8.11.

1. The Department shall consider incidents of child abuse and neglect that were substantiated on or after June 29, 1995, to ensure that the perpetrator has had an opportunity to appeal a substantiated finding of child abuse or neglect.

2. The Department may consider incidents substantiated prior to June 29, 1995, if the Department, in its judgment, determines that the perpetrator poses a risk of harm to children. In cases involving incidents substantiated prior to June 29, 1995, in which the Department determines that the individual is disqualified, the Department shall offer the perpetrator an opportunity for a hearing to contest the substantiation if a hearing was not previously offered.

(c) If the Department determines that an allegation of child abuse or neglect has been substantiated against an individual specified in (a) above, the agency shall immediately terminate the individual's employment at the agency. If the individual requests an appeal of the substantiated finding, the agency may continue the employment of the individual should the appeal be granted; however, the individual shall not be left alone with a child while the appeal is pending.

(d) If the Department determines that an allegation of child abuse or neglect has been substantiated against an executive director, the Department shall also deny, suspend, revoke, or refuse to renew the certificate of approval, as applicable.

1. The agency may appeal the denial, suspension, revocation or refusal to renew, as specified in N.J.A.C. 3A:50-2.3.

2. If the incident was substantiated prior to June 29, 1995, the Department shall notify the individual in writing that the individual may request a hearing to contest the substantiation.

(e) If the Department determines that an allegation of child abuse or neglect has been substantiated against a staff member, the agency shall notify the staff member in writing that the termination of employment is based on a substantiated allegation of child abuse or neglect. If the incident was substantiated prior to June 29, 1995, the Department shall notify the staff member of the substantiation in writing and advise that the staff member may request a hearing to contest the substantiation.

N.J. Admin. Code § 3A:50-4.6

New Rule, R.2011 d.245, effective 10/3/2011.
See: 42 N.J.R. 1965(a), 43 N.J.R. 2600(a).
Amended by R.2016 d.052, effective 6/6/2016.
See: 47 N.J.R. 3078(a), 48 N.J.R. 103(a), 48 N.J.R. 965(a).
Rewrote the section.