N.J. Admin. Code § 3A:52-4.10

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

Section 3A:52-4.10 - Child Abuse Record Information background check procedures

(a) As a condition of securing a new or renewal license or Certificate of Life/Safety Approval, the sponsor or sponsor representative shall provide for himself or herself, and shall obtain from all staff members who are or will be working at the center on a regularly scheduled basis, written consent for the Department to conduct a Child Abuse Record Information (CARI) background check to determine whether an incident of child abuse or neglect has been substantiated against any such person.

1. The sponsor, sponsor representative, and each staff member shall complete a signed consent form provided by the Department that indicates the identifying information necessary to conduct a CARI background check, including the person's name, address, date of birth, sex, race, and Social Security number. Pursuant to the Federal Privacy Act of 1974 ( P.L. 93-579), the Department shall advise each such person that the disclosure of his or her Social Security number is voluntary, and that the Social Security number will only be used for the purpose of conducting a CARI background check.

2. If a staff member refuses to consent to a CARI background check, the sponsor or sponsor representative shall immediately terminate the staff member's employment at the center.

3. If the sponsor or sponsor representative refuses to consent to a CARI background check, the Department shall deny the application or suspend, revoke, or refuse to renew the license or Certificate of Life/Safety Approval, as applicable. The sponsor or sponsor representative may appeal the denial, suspension, revocation, or refusal to renew to the Department, as specified in N.J.A.C. 3A:52-2.5.

4. When a person who is not required to complete a CARI background check is working with children at the center, the center shall ensure oversight of that person by another staff member and ensure that person is not left alone to supervise a child or group of children.

(b) When the center applies for a new or renewal license or Certificate of Life/Safety Approval, the sponsor or sponsor representative shall submit to the Department the completed CARI consent forms for all staff members who are or will be working at the center on a regularly scheduled basis.

1. Within two weeks after a new staff member begins working at the center, the sponsor or sponsor representative shall submit to the Department a completed CARI consent form for the new staff member.

2. Until the results of the CARI background check for a new staff member have been received from the Department, the center shall ensure oversight of the new staff member by another staff member, and ensure that person is not left alone to supervise a child or group of children.

(c) When the sponsor or sponsor representative submits the CARI consent forms to the Department, the sponsor or sponsor representative shall enclose payment of $ 10.00 for each CARI background check, in the form of a check or money order from the center made payable to "Treasurer, State of New Jersey." The center may use its own discretion in offering to pay or reimburse the staff member for the cost of the CARI background check.

(d) Upon receipt of the completed CARI consent forms and payment from the center, the Department shall conduct a search of its records for substantiated incidents of child abuse or neglect. The Department will consider incidents of child abuse or 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; except that the Department may consider substantiated incidents prior to that date if the Department, in its judgment, determines that the perpetrator poses a risk of harm to children in a child care center.

(e) Within 45 working days of receipt of the completed CARI consent forms and payment from the center, the Department shall inform the sponsor or sponsor representative in writing as to whether a substantiated incident of child abuse or neglect by the sponsor, sponsor representative, or a staff member has been found. If such an incident has been found, the Department shall inform the sponsor or sponsor representative in writing of the name of the perpetrator.

(f) If the CARI background check does not reveal any substantiated incident of child abuse or neglect by the sponsor, sponsor representative, or a staff member, the Department may issue or renew the regular license or Certificate of Life/Safety Approval, provided that all other applicable requirements of this chapter have been met.

(g) If the CARI background check reveals that an incident of child abuse or neglect has been substantiated against a staff member, the sponsor or sponsor representative shall immediately terminate the staff member's employment at the center.

1. The sponsor or sponsor representative shall notify the staff member in writing that the termination of employment is based on a substantiated incident of child abuse or neglect.

2. If the incident was substantiated prior to June 29, 1995, the sponsor or sponsor representative shall notify the staff member in writing that the staff member may appeal the termination of employment to the Department.

(h) In keeping with the confidentiality provisions of N.J.S.A. 9:6-8.10a, the sponsor, sponsor representative, and all staff members shall keep all completed CARI consent forms and related correspondence confidential.

1. The center shall maintain the results of the CARI background checks and related correspondence on file in a confidential manner .

2. When a substantiated incident of child abuse or neglect by the sponsor, sponsor representative, or a staff member has been found by the Department, the sponsor, sponsor representative, and the staff member shall not disclose to any other person the identity of the perpetrator or any other information concerning the incident.

N.J. Admin. Code § 3A:52-4.10

Administrative Change, 49 N.J.R. 98a.

Amended by 49 N.J.R. 413(a), effective 3/6/2017