N.J. Admin. Code § 8:43B-3.1

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

Section 8:43B-3.1 - Criminal record background check required

(a) Each applicant for licensure, and for renewal of licensure, as an AFC caregiver and each non-client adult resident of a proposed AFC home shall submit to a criminal record background check, as required pursuant to N.J.S.A. 26:2Y-5.

(b) A person shall be disqualified for licensure as an AFC caregiver and a home shall not be approved or licensed as an AFC home if the criminal record background check of the applicant or non-client adult resident of a proposed AFC home reveals a conviction for any of the crimes or disorderly persons offenses enumerated at N.J.S.A. 26:2Y-5.b.

1. A conviction of a crime or disorderly persons offense enumerated at N.J.S.A. 26:2Y-5.b shall not result in disqualification, if the person provides the Department with clear and convincing evidence that affirmatively demonstrates rehabilitation and the Department issues a written determination of rehabilitation to the applicant, pursuant to N.J.A.C. 8:43B-3.3.

2. If an applicant or non-client adult resident of a proposed AFC home has a disqualifying conviction and does not affirmatively demonstrate rehabilitation, as required at N.J.S.A. 26:2Y-5.c, the Department shall deny the license application and provide written notice to the client specifying the reasons for denial.

i. At no time shall the Department disclose information about the conviction to anyone other than the disqualified individual, in accordance with N.J.A.C. 13:59-1.2(b)3 and 28 CFR 20.33(b).

(c) An applicant whose application for licensure the Department denies as a result of a criminal record background check shall have a right to a hearing to contest the denial, in the Office of Administrative Law, in accordance with the provisions of the Administrative Procedures Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and this chapter.

N.J. Admin. Code § 8:43B-3.1

Adopted by 55 N.J.R. 377(a), effective 3/6/2023