N.J. Admin. Code § 8:43J-2.5

Current through Register Vol. 56, No. 17, September 3, 2024

Section 8:43J-2.5 - Requirement for criminal background investigation

(a) The Department shall not issue or continue licensure for the operation of a pediatric medical day care facility unless, in accordance with 30:5B-6.1 0 et seq., current or prospective staff members, administrators, and individuals seeking employment at or ownership of a pediatric medical day care facility, including volunteer staff, shall have obtained clearance from the Department's Criminal Background Investigation Unit, prior to respectively, owning, operating, administering, volunteering or working for a pediatric medical day care facility.

1. In accordance with 30:5B-6.1 4, the Department shall not issue clearance to own, operate, administer, volunteer or work for a pediatric medical day care facility to a person who has been convicted of any of the following crimes and offenses:

i. A crime against a child, including endangering the welfare of a child and child pornography, pursuant to 2C:24-4;

ii. Child molestation, pursuant to 2C:14-1 et seq.;

iii. Abuse, abandonment or neglect of a child, pursuant to 9:6-3;

iv. Endangering the welfare of an incompetent person, pursuant to 2C:24-7;

v. Sexual assault, criminal sexual contact or lewdness, pursuant to 2C:14-2 through 2C:14-4, inclusive;

vi. Murder, pursuant to 2C:11-3 or manslaughter, pursuant to 2C:11-4;

vii. Stalking, pursuant to 2C:12-10;

viii. 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, in violation of any crime established in Chapter 13 of Title 2C of the Revised Statutes of New Jersey (2C:13-1 et seq.);

ix. Arson, pursuant to 2C:17-1 or causing or risking widespread injury or damage that would constitute a crime of the second degree or higher, pursuant to 2C:17-2;

x. Terroristic threats, pursuant to 2C:12-3; and

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

2. For convictions of crimes and offenses other than those listed in (a)1i through xi above, the Department shall issue clearance to own, operate, administer, work or volunteer to work for a pediatric medical day care facility to a person if the Department determines that the person has demonstrated clear and convincing evidence of the person's rehabilitation, upon the Department's consideration of the following:

i. The nature and responsibility of the position that the applicant would hold or currently holds at the facility, as the case may be;

ii. The nature and seriousness of the offense;

iii. The circumstances under which the offense occurred;

iv. The date of the offense;

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

vi. Whether the offense was an isolated or repeat incident;

vii. Any social conditions that may have contributed to the offense; and

viii. 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.

3. For convictions occurring in any other state or jurisdiction, conduct that, if committed in New Jersey, would constitute any of the crimes or offenses described in (a)1 above.

(b) In accordance with the Administrative Procedure Act, 52:14B-1 et seq. and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, the Department shall give any individual disqualified from owning, operating, administering, volunteering or working for a pediatric medical day care facility pursuant to (a)1 above an opportunity to challenge the accuracy of the disqualifying criminal history record prior to being permanently disqualified from participation.

(c) The Department shall give an individual disqualified from owning, operating, administering, volunteering or working for a pediatric medical day care facility pursuant to (a)1 above the opportunity to challenge the accuracy of the disqualifying criminal history record or the denial of a determination of rehabilitation pursuant to (a)1i through viii above.

(d) Pursuant to 30:5B-6.1 3, a staff member who has been fingerprinted and is awaiting the results of the criminal background investigation may begin employment, as long as the staff member is not left unsupervised with children.

1. A staff member awaiting the results of a criminal background investigation shall not count towards the facility's staffing level.

N.J. Admin. Code § 8:43J-2.5