N.J. Admin. Code § 8:43I-3.4

Current through Register Vol. 56, No. 12, June 17, 2024

Section 8:43I-3.4 - Requests for a determination of rehabilitation

(a) Any applicant or currently certified personal care assistant convicted of a disqualifying offense listed at 8:43I-3.3(a) may request that the Department issue a determination of rehabilitation which would permit the person to obtain or retain certification as a personal care assistant. The standard for the issuance of a determination of rehabilitation is that the person affirmatively demonstrates rehabilitation by the production of clear and convincing evidence. The Department must weigh the following factors when evaluating a request for a determination of rehabilitation, which must be clearly documented by the applicant or personal care assistant:

1. The nature and responsibilities of the position which the applicant or certified personal care assistant would hold, has held, or currently holds, as the case may be;

2. The nature and seriousness of the offense(s);

3. The circumstances under which the offense occurred;

4. The date of the offense;

5. The age of the person at the time of the offense;

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 applicant or personal care assistant under their supervision.

(b) The follow materials are considered when the Department evaluates the degree of rehabilitation of the applicant with a criminal history:

1. Each applicant requesting a determination of rehabilitation shall submit to the Department sufficient information in the request for a determination of rehabilitation or the request will be denied or delayed. The following documents are required:

i. A personal statement which describes, in detail, each offense, including the details of the offense and the circumstances of offense. The statement shall also contain a statement which describes the activities of the applicant since their conviction including, but not limited to:

(1) Changes in social circumstances;

(2) Any additional vocational and/or educational schooling; and

(3) Any substance abuse counseling;

ii. A letter from either the applicant's PCATCEP (if the applicant is applying for certification) or the health care facility that employs the personal care assistant (if renewing) which provides an assessment of the performance of the skills and safety of the applicant and/or personal care assistant;

iii. Proof of drug counseling and/or evaluation, if the offense is related to unlawful possession or use of controlled dangerous substances; and

iv. If the applicant has ever been on probation or parole, a letter from the applicant's probation or parole officer indicating that the applicant is in compliance with the terms of their supervision, or has been released.

2. In addition, the applicant may submit other documents in support of a determination to include, but not limited to:

i. Personal (non-work related) references;

ii. Statements of support from members of the clergy;

iii. Awards and certificates earned; and

iv. Any other documentation which the candidate feels may assist the Department in reaching a favorable conclusion on behalf of the Department.

(c) If the Department issues a determination of rehabilitation to an applicant or personal care assistant, the applicant or personal care assistant shall not be required to submit the information described in (a) above in future renewal processing. This shall not apply if the person has been convicted of a disqualifying offense subsequent to the issuance of the determination of rehabilitation, in which case the applicant or personal care assistant shall comply with the provisions of (a) above.

(d) A person disqualified from certification for filing a false sworn statement in accordance with 8:43I-3.3(c) shall not be permitted to request a determination of rehabilitation.

(e) A person disqualified from certification for failure to comply with the requirements of this chapter in accordance with 8:43I-3.3(b), except those disqualified for a false application pursuant to 8:43I-3.3(c), shall not be permitted to request a determination of rehabilitation until such time as the person has fully complied with the requirements of this chapter. Such compliance may include, but is not limited to, obtaining a current or updated criminal history record from the Division of State Police or the Federal Bureau of Investigation, or both.

N.J. Admin. Code § 8:43I-3.4