N.J. Admin. Code § 8:17-15.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 8:17-15.2 - Criminal background checks

(a) Existing staff members of provider agencies and individuals seeking employment therein shall be permanently disqualified from providing early intervention services, if, after criminal history record background checks, conducted at the expense of provider agencies, it is revealed that the individuals have been convicted of crimes listed in (b)1 through 3 below.

(b) An agency or business is prohibited from serving or "is ineligible to serve" the NJEIS as a provider agency if the owner has a criminal record that reveals a conviction for any of the following crimes and offenses:

1. In New Jersey, any of the following crimes or disorderly persons offenses:

i. A crime against a child, including endangering the welfare of a child and child pornography pursuant to N.J.S.A. 2C:24-4; and child molestation as set forth in N.J.S.A. 2C:14-1 et seq.;

ii. Abuse, abandonment or neglect of a child pursuant to N.J.S.A. 9:6-3;

iii. Endangering the welfare of an incompetent person pursuant to N.J.S.A. 2C:24-7;

iv. Sexual assault, criminal sexual contact or lewdness pursuant to N.J.S.A. 2C:14-2 through 14-4;

v. Murder pursuant to N.J.S.A. 2C:11-3 or manslaughter pursuant to N.J.S.A. 2C:11-4;

vi. Stalking pursuant to N.J.S.A. 2C:12-10;

vii. Kidnapping and related offenses, including criminal restraint, false imprisonment, interference with custody, criminal coercion, or enticing a child into a motor vehicle, structure or isolated area pursuant to N.J.S.A. 2C:13-1 through 6;

viii. Arson pursuant to N.J.S.A. 2C:17-1, or causing or risking widespread injury or damage that would con stitute a crime of the second degree pursuant to N.J.S.A. 2C:17-2;

ix. Terroristic threats pursuant to N.J.S.A. 2C:12-3; and

x. An attempt or conspiracy to commit any of the crimes or offenses listed in (a)1i through ix above.

2. A crime or offense that involves fraud and abuse as described below:

i. Knowingly or intentionally making, or causing to be made, false statements or misrepresentations of material fact in any application or reapplication for benefits available from the NJEIS or any other State- and/or Federally funded program;

ii. Knowingly or intentionally making, or causing to be made, false statements, misrepresentations of material fact, or alterations on any evaluation report, progress note, service verification log, claim, or other document issued by or on behalf of the NJEIS or any other State- and/or Federally funded program;

iii. Intentionally misusing or abusing NJEIS benefits or the benefits of any other State- and/or Federally funded program;

iv. Engaging in forgery or attempted forgery involving the provision of eligible early intervention services, services available from any other State- and/or Federally funded program, and/or claims for such services;

v. Engaging in a course of conduct or performing an act deemed improper or abusive of the NJEIS or any other State- and/or Federally funded program following notification that this conduct should cease; or

vi. Failing to cooperate in an investigation involving claims described in (a)2i through v above.

3. In any other State or jurisdiction, conduct that, if committed in New Jersey, would constitute a crime or disorderly persons offense described in (b)1 above or an act of fraud and abuse as described in (b)2 above.

4. The existence of a cause for permanent disqualification of a practitioner for conduct described in (b)1 through 3 above may be established by:

i. A judgment of conviction for a crime, disorderly persons offense, or petty disorderly persons offense;

ii. A judgment or order of either a court of competent jurisdiction or an administrative agency; or

iii. A preponderance of the evidence.

(c) Notwithstanding the provisions of this section to the contrary, an individual shall not be disqualified from providing early intervention services pursuant to this subchapter or from ownership of a provider agency on the basis of any conviction disclosed by a criminal history record background check performed pursuant to (b) above without an opportunity to challenge the accuracy of the disqualifying criminal history record.

(d) If the owner of a provider agency or a business seeking to become a provider agency refuses to consent to, or cooperate in, the securing of a criminal history record background check, the Department shall suspend, deny, revoke, refuse to renew, or refuse to execute the provider agency's letter of agreement and/or grant, as appropriate.

(e) If a staff member of a provider agency, other than the owner, refuses to consent to, or cooperate in, the securing of a criminal history record background check, the person shall be immediately suspended, barred, or revoked from providing early intervention services pursuant to this chapter.

(f) An applicant or staff member that has committed crimes and offenses other than those cited in (b) above may be eligible to provide early intervention services or own a provider agency, in accordance with this chapter by making an application to the NJEIS.

1. The Department will determine whether a person who has committed a crime or disorderly persons offense other than those listed in (b) above, is rehabilitated and eligible to provide early intervention services in the NJEIS, using the factors identified in (g) below.

2. If the Department determines that there is clear and convincing evidence of the person's rehabilitation pursuant to (g) below and the person meets all other CSPD standards, the Department shall declare the person eligible to provide early intervention services through a provider agency.

(g) The Department shall use the following factors to determine whether a person has affirmatively demonstrated rehabilitation:

1. The nature and responsibility of the position at the provider agency that the convicted person would hold, has held or currently holds, as the case may be;

2. The nature and seriousness of the offense;

3. The circumstances under which the offense occurred;

4. The date of the offense;

5. The age of the person when the offense was committed;

6. Whether the offense was an isolated or repeated incident;

7. Any social conditions, which may have contributed to the offense; and

8. Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of those who have had the person under their supervision.

(h) The Department shall make the final determination regarding the rehabilitation of an applicant or staff member with a criminal conviction.

(i) If a provider agency has knowledge that criminal charges are pending against a staff member, the provider agency shall promptly notify the Department to determine whether any action concerning the staff member is necessary in order to ensure the safety of the children and families served by the provider agency.

(j) A provider agency that has received an employment application from an individual or currently employs a staff member shall be immune from liability for acting upon or disclosing information about the disqualification or termination to another provider agency seeking to employ that person if the disclosing provider agency has:

1. Received notice from the Department that the applicant or staff member, as applicable, has been determined by the Department to be disqualified from providing early intervention services, pursuant to (a) above; or

2. Terminated the employment of a staff member because the person was disqualified from providing early intervention services on behalf of the provider agency on the basis of a conviction of a crime or disorderly persons offense pursuant to (a) above, after commencing employment at the provider agency.

(k) A provider agency that acts upon or discloses information pursuant to (j) above shall be presumed to be acting in good faith unless it is shown by clear and convincing evidence that the agency acted with actual malice toward the person who is the subject of the information.

N.J. Admin. Code § 8:17-15.2

Notice of readoption with technical change.
See: 47 N.J.R. 2499(a).