N.J. Admin. Code § 3A:53-3.9

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

Section 3A:53-3.9 - Child Abuse Record Information background checks

(a) As a condition of securing and maintaining a certificate, the shelter facility or shelter home shall provide written consent to the Department from each shelter facility director, shelter facility or shelter home staff member, shelter home parent, and shelter home household member at least 18 years of age, for a Child Abuse Record Information (CARI) background check to be conducted.

(b) If a facility director, shelter home coordinator, shelter home parent, or shelter home household member refuses to consent to or cooperate in a CARI background check, the Office shall deny, suspend, revoke, or refuse to renew the certificate, as applicable.

1. The shelter facility or shelter home may appeal the denial, suspension, revocation, or refusal to renew, pursuant to N.J.A.C. 3A:53-1.6.

2. The shelter home parent may choose to remove the household member who refuses to consent from the shelter home before the action against the certificate takes effect.

(c) If a staff member refuses to consent to or cooperate in a CARI background check, the shelter facility or shelter home shall immediately terminate the staff member's employment at the shelter facility or shelter home.

(d) 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, pursuant to section 4 of P.L. 1971, c.437, N.J.S.A. 9:6-8.11, against the individual.

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 a shelter home. 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 in accordance with N.J.A.C. 3A:5.

(e) If the Department determines that an allegation of child abuse or neglect has been substantiated against an individual specified in (a) above, the shelter facility or shelter home shall immediately terminate the individual's employment at the shelter facility or shelter home.

(f) If the Department determines that an allegation of child abuse or neglect has been substantiated against a facility director, shelter home coordinator, shelter home parent, or shelter home household member, the Division shall deny, suspend, revoke, or refuse to renew the certificate of approval, as applicable.

1. The shelter facility or shelter home may appeal the denial, suspension, revocation, or refusal to renew, as specified in N.J.A.C. 3A:53-1.6.

2. The shelter home parent may choose to remove the disqualified household member from the shelter home before the action against the certificate takes effect.

3. 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.

(g) If the Department determines that an allegation of child abuse or neglect has been substantiated against a staff member, the shelter facility or shelter home 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 shelter facility or shelter home shall notify the staff member in writing that the staff member may request a hearing to contest the substantiation.

N.J. Admin. Code § 3A:53-3.9

New Rule by R.2005 d.374, effective 11/7/2005.
See: 37 N.J.R. 1942(a), 37 N.J.R. 4263(a).
Amended by R.2016 d.033, effective 4/18/2016.
See: 47 N.J.R. 2613(a), 47 N.J.R. 2695(a), 48 N.J.R. 649(a).
Rewrote the section.