reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 2 - RULEMAKING PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 3A:2-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of
				this chapter apply to:
1. Each petitioner who
				wants the Department to adopt a new rule or amend or repeal a current
				rule;
2. Each member of the public who
				wants the Department to extend the comment period on a rule proposed in the New
				Jersey Register;
3. Each member of the
				public who wants the Department to hold a public hearing on a rule proposed in the
				New Jersey Register; and
4. Each
				Department representative.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 2 - RULEMAKING PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 3A:2-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The definitions in N.J.A.C. 3A:11, Service Delivery General
				  Provisions, are hereby incorporated into this chapter by reference.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 2 - RULEMAKING PROCEDURES › Subchapter 2 - PETITION FOR RULEMAKING › Section 3A:2-2.1 - Petition for rulemaking procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				interested person may petition the Department to adopt a new rule or amend or repeal
				any rule of the Department. The petitioner shall submit the petition in writing to:
1. The Department of Children and Families, Office
				of Policy and Regulatory Development, PO Box 717, Trenton, New Jersey
				08625;
2. The Department's rules e-mail
				account, rules@dcf.nj.gov; or
3. The
				electronic mailing list accessed at
http://public.govdelivery.com/accounts/NJDCF/subscriber/new?preferences=true#tab1
.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 2 - RULEMAKING PROCEDURES › Subchapter 3 - PUBLICIZING RULE PROPOSALS › Section 3A:2-3.1 - Methods of publicizing a rule proposal

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				The Department may provide additional publicity of a proposal in the New Jersey
				Register by:
1. Publishing a notice in one or more
				newspapers of general circulation when the rule proposal is of a general
				nature;
2. Publishing a notice in a
				trade, government, or professional publication when that method would be likely to
				best reach those affected by the rule;
3. Distributing a press release to the news media
				when that method would be likely to best reach those affected by the rule;
				or
4. Posting of the notice of proposal
				on the Department's website.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 2 - RULEMAKING PROCEDURES › Subchapter 3 - PUBLICIZING RULE PROPOSALS › Section 3A:2-3.2 - Requests for advanced notice

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall send a notice of the notice of proposal to
				  each person who has requested advanced notice of the Department's
				  rulemaking.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 2 - RULEMAKING PROCEDURES › Subchapter 4 - EXTENDING THE COMMENT PERIOD FOR A PROPOSAL › Section 3A:2-4.1 - Requests for extension of the comment period

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall extend by 30 days the
				opportunity for the public to comment in writing on a notice of proposal published
				in the New Jersey Register when at least 10 people have requested an extension in
				writing. The person making the request shall:
1.
				Submit the request within 30 days after publication of the notice of proposal in the
				New Jersey Register to the individual designated to receive comments on the proposal
				as published in the New Jersey Register; and
2. Use any method listed in N.J.A.C. 3A:2-2.1(a)
				to communicate with the Department.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 2 - RULEMAKING PROCEDURES › Subchapter 5 - PUBLIC HEARINGS ON NOTICES OF PROPOSAL › Section 3A:2-5.1 - Public hearings procedures

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall conduct a public hearing on a proposed
				  rulemaking if sufficient public interest is demonstrated by at least 30 people
				  requesting a public hearing. The person making the request shall submit the request
				  in writing by any method of communication with the Department listed in N.J.A.C.
				  3A:2-2.1(a) within 30 days after publication in the New Jersey
				  Register.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 2 - RULEMAKING PROCEDURES › Subchapter 6 - RULES OF PRACTICE › Section 3A:2-6.1 - Rules of practice posted

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall maintain its policies, procedures, forms, and
				  form instructions on its internet website,
http://dcfpolicy.nj.gov/
.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 3 - CLIENT INFORMATION › Subchapter 1 - GENERAL PROVISIONS › Section 3A:3-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to protect the confidentiality of
				  client information received, developed, or maintained by the Division and state the
				  conditions under which confidential client information may be disclosed, as well as
				  the manner in which such information shall be disclosed.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 3 - CLIENT INFORMATION › Subchapter 1 - GENERAL PROVISIONS › Section 3A:3-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of this chapter shall apply to
				the following persons:
1. Each employee;
2. Each client applying for, receiving, or who has
				received child protection, child welfare, or permanency services;
3. Each person who discloses information to the
				Division;
4. Each person to whom the
				Division discloses confidential client information;
5. Each employee of the Division or the Department
				of Children and Families who has knowledge about or may disclose information
				regarding a child fatality or near fatality under investigation or investigated by
				the Division;
6. Each representative of
				the media and each member of the public who seeks information about a child fatality
				or near fatality investigated by the Division; and
7. Each Federal, State, or local government entity
				that requests information from the Division.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 3 - CLIENT INFORMATION › Subchapter 1 - GENERAL PROVISIONS › Section 3A:3-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The definitions in
				  N.J.A.C. 3A:10-1.3,
				  Definitions, and 3A:11-1.3, Definitions, are hereby incorporated into this chapter
				  by reference.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 3 - CLIENT INFORMATION › Subchapter 2 - DISCLOSURE OF CLIENT INFORMATION › Section 3A:3-2.1 - Protective service information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division shall
				only disclose protective service information to a client, former client, parent, or
				legal guardian as permitted by
				N.J.S.A.
				9:6-8.10a, subject to limitations of this
				chapter.
(b) The Division shall not
				disclose, confirm, or deny the identity of a reporter, unless:
1. The reporter gives prior written consent and
				the disclosure is not likely to endanger the life or safety of the reporter or other
				person or result in the discharge of, or discrimination against, the reporter, with
				respect to his or her employment;
2.
				Disclosure is permitted by statute or court rule and the disclosure is not likely to
				endanger the life or safety of the reporter or other person or result in the
				discharge of, or discrimination against, the reporter, with respect to his or her
				employment; or
3. Disclosure is required
				by statute or court rule.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 3 - CLIENT INFORMATION › Subchapter 2 - DISCLOSURE OF CLIENT INFORMATION › Section 3A:3-2.2 - Child welfare information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each child welfare
				client is entitled to know what information is being collected, how it is used, and
				who has access to the information, except as limited in N.J.A.C. 3A:3-2.2(b) and
				(d), 2.3, and 2.5.
(b) No current or
				former client shall have unrestricted review of the Division records or general
				access to the information contained therein, except as otherwise provided by statute
				or court rule.
(c) A client currently or
				formerly receiving services may inspect or copy his or her own records as they
				relate to financial eligibility for or receipt of benefits, assistance, or
				services.
(d) The Division shall
				disclose to a current or former client other child welfare information from the
				client's records to the extent that the client makes a reasonable demonstration of
				his or her need to know. The Division shall consider the client's statement of the
				need for the information as such reasonable demonstration, unless the Division has
				compelling reason to withhold the requested information, such as when the Division
				determines that disclosure of such information would likely endanger the life,
				safety, or physical or emotional well-being of a child or the life or safety of any
				other person. The determination shall be based on the Division representative's and
				his or her supervisor's professional judgment or that of another professional who
				has evaluated the nature and seriousness of the case and an assessment of the
				client's propensity for violence and harm as based on the client's known past
				behavior and threats against himself, herself, or others. If the Division denies the
				disclosure of the child welfare information to the client, the Division shall:
1. Give the client a verbal explanation of the
				reason for denial; and
2. Outline the
				reasons for denial in writing and make this a part of the client's record.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 3 - CLIENT INFORMATION › Subchapter 2 - DISCLOSURE OF CLIENT INFORMATION › Section 3A:3-2.3 - Third-party information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division shall not disclose any of the
				following to any person, including clients, former clients, parents or guardians of
				current or former clients, and third parties:
1.
				Any third-party report, unless the Division receives prior written consent from the
				third party and release is not prohibited by law or regulation;
2. Any record containing information identifying a
				third-party source of information, for example, reporter, other family member, or
				collateral contact, unless the Division receives prior written consent from the
				third party and disclosure is not prohibited by law or regulation;
3. Unredacted, confidential information about
				another person, except with the express written consent of the other person and when
				not prohibited by law or regulation; or
4. Information, which would, if disclosed to the
				client, be likely to endanger any person's life or safety as based on the client's
				known past behavior and threats against himself, herself, or others. The Division
				representative shall base the determination on the Division representative's and his
				or her supervisor's evaluation of the nature and seriousness of the case and an
				assessment of the client's propensity for violence and harm to the child and
				others.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 3 - CLIENT INFORMATION › Subchapter 2 - DISCLOSURE OF CLIENT INFORMATION › Section 3A:3-2.4 - Provision of information to minor clients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A current or former
				minor client may receive information contained in the Division's case record as
				permitted by
				N.J.A.C.
				3A:3-2.1 2.2, and 2.3 through a request made by:
1. The minor client's parent, guardian, or legal
				counsel, including a law guardian, except when the circumstances in (c) below apply;
				or
2. The current or former minor client
				having a legal right to access the information without parental consent, including
				minors permitted access pursuant to provisions of N.J.S.A. 9:17-1et seq.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 3 - CLIENT INFORMATION › Subchapter 2 - DISCLOSURE OF CLIENT INFORMATION › Section 3A:3-2.5 - Provision of information to adult adoptees

Current through Register Vol. 56, No. 14, July 15, 2024
All court records and information relating to adoption proceedings
				  are sealed upon the legal finalization of the adoption pursuant to
				  N.J.S.A.
				  9:3-52. Since the Division's records contain
				  sealed court records, the Division shall treat these records as confidential. The
				  Division shall disclose to an adult adoptee non-identifying information available in
				  the Division's records in accordance with
				  N.J.A.C.
				  3A:50-5.9(b)2. The Division shall
				  disclose identifying information to an adult adoptee about any birth family member
				  or other person who has given his or her written consent to the
				  Division.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 3 - CLIENT INFORMATION › Subchapter 2 - DISCLOSURE OF CLIENT INFORMATION › Section 3A:3-2.6 - Disclosure within the Division, the Department, the Department of Law and Public Safety, Division of Law, and the court

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Division
				employees shall disclose personal client information to other Division employees and
				to employees of the Division of Law within the Department of Law and Public Safety
				only to the extent that such disclosure is necessary for the execution of those
				persons' official duties. Division employees shall redact client information from
				any record used for training.
(b) Staff
				of the Department's Office of Legal Affairs, the Commissioner or Chief of Staff of
				the Department of Children and Families or each Director of an office or Division of
				the Department of Children and Families shall have the authority to request and
				receive all information about Division clients.
(c) The Division shall disclose requested client
				information to a Deputy Attorney General, Department of Law and Public Safety,
				Division of Law, or any other attorney representing the Division.
(d) The Division Director or designee may, and
				upon written request shall, release records and reports to any division or unit in
				the Department authorized to care for, treat, or supervise a child who is the
				subject of an abuse or neglect report, or a parent or other person who is
				responsible for the child's welfare, or both, when the information is needed in
				connection with the provision of care, treatment, or supervision of a child or
				parent or other person pursuant to N.J.S.A. 9:6-8.10a.b(5).
(e) The Division shall allow the Division of
				Medical Assistance and Health Services' quality control reviewers to review its
				records to the extent necessary to confirm a child's Medicaid eligibility, in
				accordance with 45 CFR 74.24 and 1340.14(i)(5). The quality control reviewers shall
				not photocopy any materials from a Division case record nor have unrestricted review
				of records or general access to a case record.
(f) The Division shall release to the court its
				records about a juvenile before the Superior Court, Chancery Division, Family Part,
				pursuant to
				42 U.S.C.
				§
										5633(a)(26).
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 3 - CLIENT INFORMATION › Subchapter 2 - DISCLOSURE OF CLIENT INFORMATION › Section 3A:3-2.7 - Disclosure of information to other government entities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Federal, State, or local government entity
				requesting information regarding an abuse or neglect report, when the information is
				being requested for a matter other than the investigation of a report of abuse or
				neglect, shall submit a written request to: Division of Child Protection and
				Permanency, PO Box 717, Trenton, NJ 08625-0717.
(b) The request shall include:
1. A citation identifying the requester's legal
				authority to receive the information;
2.
				The specific information that is being requested;
3. The purpose for which the information will be
				used; and
4. A statement indicating that
				the requesting government entity will keep the information confidential.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 3 - CLIENT INFORMATION › Subchapter 2 - DISCLOSURE OF CLIENT INFORMATION › Section 3A:3-2.8 - Requests for information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each person
				making an inquiry or request for client information shall put the request in
				writing, except as allowed in (d) below. The following procedures shall be observed:
1. An agency shall make its request on official
				agency letterhead.
2. An individual
				person making a request shall include his or her address or telephone number which
				can be verified.
3. Any person
				requesting client information shall include a consent form signed by the client or
				shall indicate the reason he or she needs to know the information.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 3 - CLIENT INFORMATION › Subchapter 3 - DISCLOSURE OF INFORMATION TO THE MEDIA AND PUBLIC ABOUT A CHILD FATALITY OR NEAR FATALITY › Section 3A:3-3.1 - Authority for disclosure of information

Current through Register Vol. 56, No. 14, July 15, 2024
The Division may release information to the public regarding a
				  child fatality or near fatality when the fatality or near fatality was the result of
				  abuse or neglect, pursuant to
				  N.J.S.A.
				  9:6-8.10a.f.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 3 - CLIENT INFORMATION › Subchapter 3 - DISCLOSURE OF INFORMATION TO THE MEDIA AND PUBLIC ABOUT A CHILD FATALITY OR NEAR FATALITY › Section 3A:3-3.2 - Who may disclose information to the media or a member of the public about a child fatality or near fatality

Current through Register Vol. 56, No. 14, July 15, 2024
The Department of Children and Families' Office of Communications
				  shall direct and control the release of information to the media about a child
				  fatality or near fatality investigated by the Division or determined by the Division
				  to be the result of abuse or neglect. Information shall be disclosed by the Director
				  or designee or a representative of the Department's Office of Communications. No
				  other representative of the Division or the Department shall disclose information to
				  the media or a member of the public about a child fatality or near fatality unless
				  specifically authorized to do so by the Director or designee or the Commissioner of
				  the Department of Children and Families.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 3 - CLIENT INFORMATION › Subchapter 3 - DISCLOSURE OF INFORMATION TO THE MEDIA AND PUBLIC ABOUT A CHILD FATALITY OR NEAR FATALITY › Section 3A:3-3.3 - Procedures for the request and provision of information related to a fatality or near fatality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Representatives of the media may request
				information about a child fatality or near fatality either verbally or in writing.
				The media representative shall direct the request to the Department of Children and
				Families' Office of Communications. The Director of the Division of Child Protection
				and Permanency or a representative of the Department of Children and Families'
				Office of Communications shall provide information verbally to a representative of
				the media about a child fatality or near fatality, within the parameters established
				by this chapter, upon confirming that the requester is a representative of the
				media.
(b) A member of the public may
				request information about a child fatality or near fatality in writing to the Office
				of the Director, Division of Child Protection and Permanency. If the requester
				claims to represent an agency, he or she shall make the request for information on
				official agency letterhead in accordance with
				N.J.A.C.
				3A:3-2.8(a)1. The Director or
				designee shall respond, in writing, within the parameters established by this
				chapter, to a written request from a member of the public for information about a
				child fatality or near fatality.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 3 - CLIENT INFORMATION › Subchapter 3 - DISCLOSURE OF INFORMATION TO THE MEDIA AND PUBLIC ABOUT A CHILD FATALITY OR NEAR FATALITY › Section 3A:3-3.4 - Information that shall not be disclosed to the media or a member of the public about a child fatality or near fatality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				N.J.S.A.
				9:6-8.10a.f, the following shall not be disclosed
				to the media or public in relation to a child fatality or near fatality:
1. Information that would likely endanger the
				life, health, safety, or physical or emotional well-being of a child or the life or
				safety of any other person;
2.
				Information that would compromise the integrity of or interfere with a child
				protection investigation, a civil or criminal investigation or a judicial
				proceeding. If a criminal investigation is in progress or pending, the Director of
				the Division of Child Protection and Permanency or designee shall contact the county
				prosecutor before releasing any information to the media or a member of the public
				about the incident, to determine what information can be disclosed, if any, based on
				the status of the criminal investigation;
3. Information deemed confidential by Federal law
				or State law, other than
				N.J.S.A.
				9:6-8.10a;
4. The name of, or any identifying information
				about, the reporter of abuse or neglect that resulted in a fatality or near
				fatality, even when the reporter gives written consent to disclose his or her
				identity in accordance with
				N.J.A.C.
				3A:3-2.1(c);
5. The name of any Division representative
				assigned to the child protection investigation or the management of the
				case;
6. Information concerning any
				disciplinary actions taken against a Division representative as a result of or
				related to the incident or the handling of the case by the Division representative;
				or
7. Information obtained from another
				agency or entity that is investigating a child fatality or near fatality on its own
				or in cooperation with the Division, such as the police, the county prosecutor, or
				the medial examiner.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 3 - CLIENT INFORMATION › Subchapter 3 - DISCLOSURE OF INFORMATION TO THE MEDIA AND PUBLIC ABOUT A CHILD FATALITY OR NEAR FATALITY › Section 3A:3-3.6 - Information that shall be disclosed about a child fatality or near fatality not caused by abuse or neglect

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director, the
				Department's Office of Communications or a designee shall disclose only the
				following information to the media or a member of the public, in addition to the
				information previously disclosed during the child protection investigation in
				accordance with
				N.J.A.C.
				3A:3-3.5, if the child protective investigator
				determines that the child fatality or near fatality was not the result of a
				substantiated incident of abuse or neglect:
1. The
				Division's finding of unfounded; and
2.
				The date of the Division's finding.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 3 - CLIENT INFORMATION › Subchapter 3 - DISCLOSURE OF INFORMATION TO THE MEDIA AND PUBLIC ABOUT A CHILD FATALITY OR NEAR FATALITY › Section 3A:3-3.7 - Information that shall be disclosed about a child fatality or near fatality that was the result of abuse or neglect

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a child
				protection investigation determines that the child fatality or near fatality was the
				result of a substantiated incident of abuse or neglect, unless prohibited by
				N.J.S.A.
				9:6-8.10a or
				N.J.A.C.
				3A:3-3.4 or withheld at the request of the county
				prosecutor, the Director or designee or a representative of the Department's Office
				of Communications shall disclose the following information to the media or a member
				of the public, as relevant to the given incident or the child's condition, in
				addition to the information disclosed during the child protection investigation in
				accordance with
				N.J.A.C.
				3A:3-3.5:
1. The
				child's current medical condition or the date and cause of the child's
				death;
2. The child's current living
				arrangement, with this information provided under the same limitation as imposed by
				N.J.A.C.
				3A:3-3.5(a)3 i, ii, and
				iii;
3. Details about the child
				protection investigation of the incident, including, but not limited to:
i. The type of abuse or neglect that was
				substantiated;
ii. Where the incident
				occurred; and
iii. The name of the
				perpetrator and his or her relationship to the child victim;
4. Whether the child protection investigation
				determined that another child was abused or neglected at the time of the incident.
				The name of that child shall not be disclosed unless that child was a child fatality
				or near fatality as well; and
5. To the
				extent it is pertinent to the abuse or neglect that led to the fatality or near
				fatality, information regarding the types of services provided by or through the
				Division, both prior and subsequent to the child fatality or near fatality,
				including service referrals given on behalf of the child victim, as well as the
				services or referrals given on behalf of the child victim's surviving family
				members, except as otherwise prohibited by law. No employee shall disclose the name
				of a service provider.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 3 - CLIENT INFORMATION › Subchapter 3 - DISCLOSURE OF INFORMATION TO THE MEDIA AND PUBLIC ABOUT A CHILD FATALITY OR NEAR FATALITY › Section 3A:3-3.8 - Pertinence of information subject to release

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division shall determine the pertinence of
				information subject to release under
				N.J.A.C.
				3A:3-3.4(a)6  or 3.6(a)5 on a
				case by case basis. Information shall generally be considered pertinent and subject
				to release in accordance with the relevant authority, if that information:
1. Relates directly to the evaluation,
				investigation, or service provision related to the act or acts of abuse or neglect
				resulting in the fatality or near fatality;
2. Relates to services or referrals offered or
				provided to the alleged perpetrator or child victim of the act or acts of abuse or
				neglect resulting in the fatality or near fatality;
3. Relates to prior or subsequent acts or alleged
				acts of abuse or neglect, which have a commonality of persons or conduct with the
				act or acts of abuse or neglect that led to the fatality or near fatality, or which
				may reasonably be construed as demonstrating a pattern or progression of abuse or
				neglect thatculminated in the act or acts of abuse or neglect resulting in the
				fatality or near fatality; or
4.
				Otherwise assists the media or the public to understand the Department's awareness
				of and response to the circumstances resulting in the fatality or near
				fatality.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 3 - CLIENT INFORMATION › Subchapter 3 - DISCLOSURE OF INFORMATION TO THE MEDIA AND PUBLIC ABOUT A CHILD FATALITY OR NEAR FATALITY › Section 3A:3-3.9 - Ability to seek court relief if denied information about a child fatality or near fatality

Current through Register Vol. 56, No. 14, July 15, 2024
If the Division or the Department of Children and Families' Office
				  of Communications denies the media or a member of the public access to information
				  about a child fatality or near fatality under this chapter, he or she may seek
				  disclosure of the information through the Chancery Division of the Superior Court,
				  pursuant to
				  N.J.S.A.
				  9:6-8.10a.f.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 4 - DEPARTMENT OF CHILDREN AND FAMILIES CHILD FATALITY AND NEAR FATALITY REVIEW BOARD › Subchapter 1 - INTRODUCTION AND OVERVIEW › Section 3A:4-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to describe the organization,
				  functions and activities of the Child Fatality and Near Fatality Review Board, in
				  the New Jersey State Department of Children and Families, as well as the efforts of
				  the Department to support the Board.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 4 - DEPARTMENT OF CHILDREN AND FAMILIES CHILD FATALITY AND NEAR FATALITY REVIEW BOARD › Subchapter 1 - INTRODUCTION AND OVERVIEW › Section 3A:4-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules apply to:
1. Each member of the Child Fatality and Near
				Fatality Review Board;
2. Each member of
				the Board's local or regional community-based teams, if it chooses to establish such
				teams;
3. Each representative of the
				Department of Children and Families and the Division of Child Protection and
				Permanency;
4. The State Medical
				Examiner; and
5. Any other person
				participating in the Board's functions and responsibilities.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 4 - DEPARTMENT OF CHILDREN AND FAMILIES CHILD FATALITY AND NEAR FATALITY REVIEW BOARD › Subchapter 1 - INTRODUCTION AND OVERVIEW › Section 3A:4-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall
				  have the following meanings:
"Board" means the Child Fatality and Near Fatality Review Board.
"Casework supervisor" means a Supervising Family Service
				  Specialist I whose job responsibility includes, but is not limited to, supervising
				  subordinate supervisors in the delivery of protective and child welfare services in
				  the Division.
"Child" means any person under the age of 18.
"Child abuse and neglect" means the same as the definition of
				  "abused or neglected child" at
				  N.J.A.C. 3A:11-1.3.
"CCAPTA" means New Jersey Comprehensive Child Abuse Prevention
				  and Treatment Act,
				  N.J.S.A.
				  9:6-8.88 et seq.
"Department" means the Department of Children and Families.
"Division" means the Division of Child Protection and Permanency
				  in the Department of Children and Families.
"Fatality" means death.
"Full review" means a review of all available case-related
				  material by the Board or its local or regional community-based team at a duly
				  convened meeting.
"Governmental support systems" means public entities providing
				  services to children and their families, including, but not limited to, the Division
				  of Child Protection and Permanency and other agencies within the Department of
				  Children and Families, the Department of Health, the Office of the Attorney General,
				  and the Office of the Public Defender.
"Near fatality" means a serious or critical condition, as
				  certified by a physician, in which a child suffers either a permanent mental or
				  physical impairment, a life-threatening injury or a condition that creates a
				  probability of death within the foreseeable future.
"Team" means a local or regional community-based team established
				  by the Child Fatality and Near Fatality Review Board.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 4 - DEPARTMENT OF CHILDREN AND FAMILIES CHILD FATALITY AND NEAR FATALITY REVIEW BOARD › Subchapter 2 - GENERAL PROVISIONS FOR THE CHILD FATALITY AND NEAR FATALITY REVIEW BOARD › Section 3A:4-2.1 - Purpose of the Board

Current through Register Vol. 56, No. 14, July 15, 2024
(a) CCAPTA states the
				several part purpose of the Board as follows:
1.
				The Board shall review fatalities and near fatalities of children in New Jersey in
				order to:
i. Identify their causes, their
				relationship to governmental support systems, as determined relevant by the Board,
				and methods of prevention;
ii. Describe
				trends and patterns of child fatalities and near fatalities in New Jersey;
iii. Identify risk factors and their prevalence in
				child fatalities and near fatalities;
iv. Evaluate the response of the government
				support system to children in families who are considered to be at high risk and to
				offer recommendations for improvement in those responses;
v. Identify high risk groups relative to child
				abuse and neglect, or fatality, in terms that are compatible with the development of
				public policy;
vi. Improve the sources
				of data collection by developing protocols for autopsies, death investigations, and
				the complete recording of cause of death on the death certificate;
vii. Provide case consultation to individuals or
				agencies represented by the Board; and
viii. Make recommendations for system-wide
				improvements in services to prevent fatalities and near fatalities among
				children;
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 4 - DEPARTMENT OF CHILDREN AND FAMILIES CHILD FATALITY AND NEAR FATALITY REVIEW BOARD › Subchapter 2 - GENERAL PROVISIONS FOR THE CHILD FATALITY AND NEAR FATALITY REVIEW BOARD › Section 3A:4-2.2 - Composition and terms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) CCAPTA, as stated in
				N.J.S.A.
				9:6-8.89, designates the members of the Board as
				follows:
1. The Board shall consist of the
				following members, who shall serve ex officio:
i.
				The Commissioner of Children and Families, or designee;
ii. The Commissioner of Health, or
				designee;
iii. The Director of the
				Division of Child Protection and Permanency, or designee;
iv. The Attorney General, or designee;
v. The Superintendent of the State Police, or
				designee;
vi. The State Medical
				Examiner; and
vii. The Chairperson or
				Executive Director of the New Jersey Task Force on Child Abuse and Neglect;
				and
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 4 - DEPARTMENT OF CHILDREN AND FAMILIES CHILD FATALITY AND NEAR FATALITY REVIEW BOARD › Subchapter 2 - GENERAL PROVISIONS FOR THE CHILD FATALITY AND NEAR FATALITY REVIEW BOARD › Section 3A:4-2.3 - Provision of staff and information to the Board

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				dedicate professional staff to the Board to carry out its duties.
(b) The State Medical Examiner shall notify the
				Board of each child fatality.
(c) The
				Division shall notify the Board, and forward to the Board a copy of the case-related
				material, of each fatality and near fatality among children whose family, currently
				or within the last 12 months, was receiving services from the Division, as well as
				each child fatality where the Division has reason to believe that child abuse or
				neglect may have been a contributing factor.
(d) Upon request, the Department of Health shall
				notify the Board of any child fatality.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 4 - DEPARTMENT OF CHILDREN AND FAMILIES CHILD FATALITY AND NEAR FATALITY REVIEW BOARD › Subchapter 2 - GENERAL PROVISIONS FOR THE CHILD FATALITY AND NEAR FATALITY REVIEW BOARD › Section 3A:4-2.4 - Division case-related material

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Case-related
				material shall include, as applicable, the following documents:
1. The child's case record with the
				Division;
2. Copies of Division Service
				Information System and NJ SPIRIT data;
3. Police, prosecutor, fire, physician,
				psychologist, psychiatric and hospital records, as applicable and permissible;
				and
4. Autopsy results and death
				certificate, when available.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 4 - DEPARTMENT OF CHILDREN AND FAMILIES CHILD FATALITY AND NEAR FATALITY REVIEW BOARD › Subchapter 2 - GENERAL PROVISIONS FOR THE CHILD FATALITY AND NEAR FATALITY REVIEW BOARD › Section 3A:4-2.5 - Meetings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall
				establish a schedule for regular meetings for itself and its local or regional
				community-based teams. Additional meetings may be scheduled at the discretion of the
				chairperson.
(b) The purpose of the
				meetings is to:
1. Identify all cases referred to
				the Board according to the criteria in 3A:4-2.1(a)1 and 2;
2. Determine each case that shall receive a full
				review by the Board and local or regional community-based team appointed by the
				Board;
3. Conduct full case reviews or
				review reports received from the local or regional community-based teams;
				and
4. Conduct any other business
				necessary to carry out the overall purpose of the Board, as listed in 3A:4-2.1.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 4 - DEPARTMENT OF CHILDREN AND FAMILIES CHILD FATALITY AND NEAR FATALITY REVIEW BOARD › Subchapter 2 - GENERAL PROVISIONS FOR THE CHILD FATALITY AND NEAR FATALITY REVIEW BOARD › Section 3A:4-2.6 - Files

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall
				record the name, age, date of birth, place of death or pronouncement of death, date
				and time of death, and circumstances surrounding the death in a confidential master
				file.
(b) The Board shall record the
				name, age, date of birth, place of incident, and circumstances surrounding the near
				fatality in a confidential master file.
(c) The confidential master file shall be the only
				file maintained by the Board that contains the name of the child and shall not be
				subject to discovery.
(d) Consistent
				with N.J.S.A. 9:6-8.1 0a(d), information in the confidential master file may be used
				by the chairperson of the Board to refer an individual case, including the Board's
				deliberations and conclusions, to an appropriate agency engaged in a bona fide
				research purpose, provided, however, that no names, or other information identifying
				persons named in the file shall be made available to the researcher unless it is
				absolutely essential to the research purpose and provided further that the approval
				of the Commissioner of Children and Families or his or her designee shall first have
				been obtained.
(e) Except as provided in
				(d) above, the deliberations and conclusions of the Board and its local or regional
				community-based teams, related to a specific case, shall be confidential.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 4 - DEPARTMENT OF CHILDREN AND FAMILIES CHILD FATALITY AND NEAR FATALITY REVIEW BOARD › Subchapter 3 - FULL REVIEW › Section 3A:4-3.1 - Types of cases receiving full review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board or its
				local or regional community-based teams may conduct a full review of each of the
				following situations:
1. Each fatality and near
				fatality of a child whose family, currently, or within the last 12 months, was
				receiving services from the Division;
2.
				Each child fatality where information available to the Board indicates that child
				abuse or neglect may have been a contributing factor; and
3. Any other child fatality or near fatality
				identified by the Board as significant to determining appropriate governmental
				supports and methods of prevention.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 4 - DEPARTMENT OF CHILDREN AND FAMILIES CHILD FATALITY AND NEAR FATALITY REVIEW BOARD › Subchapter 3 - FULL REVIEW › Section 3A:4-3.2 - Requirements for full reviews

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Once the Board
				determines that a case is appropriate for a full review, it will establish a time
				frame within which the full review and a corresponding summary record containing
				findings and recommendations shall be completed.
(b) The Board will complete the full review and
				summary record itself, or, at its discretion, assign these functions to a local or
				regional community-based team, as described in 3A:4-3.3.
(c) The summary records that are prepared by the
				Board and local or regional community-based teams on each reported case shall be
				free of information that would identify the child.
(d) The deliberations and conclusions of the Board
				and local or regional community-based teams shall not supersede or replace the
				conclusions or opinions of any agency that contributes information from its own
				records.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 4 - DEPARTMENT OF CHILDREN AND FAMILIES CHILD FATALITY AND NEAR FATALITY REVIEW BOARD › Subchapter 3 - FULL REVIEW › Section 3A:4-3.3 - Local or regional community-based teams

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may
				establish local or regional community-based teams to complete the review of
				fatalities or near fatalities among children identified by the Board.
(b) If the Board chooses to establish local or
				regional community-based teams, each team will be formed with a dual function to
				review information regarding:
1. The fatality and
				near fatality of any child whose family, currently, or within the last 12 months,
				was receiving services from the Division and of any child fatality where information
				available to the Board indicates that child abuse or neglect may have been a
				contributing factor; and
2. Other child
				fatalities due to unusual circumstances.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 4 - DEPARTMENT OF CHILDREN AND FAMILIES CHILD FATALITY AND NEAR FATALITY REVIEW BOARD › Subchapter 4 - POWERS AND INDEMNIFICATION › Section 3A:4-4.1 - Powers of the Board

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may
				subpoena and review records that pertain to the child, except as provided by any
				statute, regulation or Executive Order relating to the confidentiality of criminal
				investigations and criminal investigative files. Records subject to subpoena and
				review shall include, but are not limited to, private medical and hospital records,
				school records, mental health records, and other records that may be deemed
				pertinent to the review process and necessary for the formulation of a conclusion by
				the Board. Records obtained by the Board shall not be subject to subpoena.
(b) The Board is entitled to call to its
				assistance and avail itself of the services of employees of any State, county or
				municipal department, board, bureau, commission or agency as it may require and as
				may be available for the purposes of reviewing a case.
(c) The Board may seek the advice of experts, such
				as persons specializing in the fields of pediatric, radiological, neurological,
				psychiatric, orthopedic, and forensic medicine; nursing; psychology; social work;
				education; law enforcement; family law; substance abuse; child advocacy; or other
				related fields, if the facts of a case warrant additional expertise.
(d) If the Board has reasonable cause to believe
				that the death is the result of child abuse or neglect, or has reasonable cause to
				believe that the death is the result of an ongoing hazard to other members of the
				household, then the Board shall notify or shall verify that notification has been
				made to the Division, who in turn will contact the county prosecutor of the county
				wherein the death occurred or was pronounced.
(e) The Board may solicit and receive grants and
				other funds made available from a governmental, public, private, nonprofit, or
				for-profit agency, including funds made available under any Federal or State law,
				regulation or program.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 4 - DEPARTMENT OF CHILDREN AND FAMILIES CHILD FATALITY AND NEAR FATALITY REVIEW BOARD › Subchapter 4 - POWERS AND INDEMNIFICATION › Section 3A:4-4.2 - Immunity

Current through Register Vol. 56, No. 14, July 15, 2024
A member of the Board and local or regional community-based team
				  shall not be liable for any civil damages as a result of providing, in good faith,
				  any reports, records, opinions or recommendations pursuant to
				  9:6-8.9 4.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 4 - DEPARTMENT OF CHILDREN AND FAMILIES CHILD FATALITY AND NEAR FATALITY REVIEW BOARD › Subchapter 5 - ANNUAL REPORT › Section 3A:4-5.1 - Annual report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall
				issue an annual report to the Governor and Legislature, covering its activities for
				the year.
(b) The Board shall make the
				annual report available to the public.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 4 - DEPARTMENT OF CHILDREN AND FAMILIES CHILD FATALITY AND NEAR FATALITY REVIEW BOARD › Subchapter 5 - ANNUAL REPORT › Section 3A:4-5.2 - Content of the annual report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board's annual
				report shall include:
1. The number of child
				deaths, causes of death and trends among unusual deaths and near
				fatalities;
2. The number of cases
				reviewed and specific non-identifying information regarding cases of particular
				significance;
3. Risk factors and
				governmental systems available and/or responsible for support;
4. Recommendations for improving sources of data
				collection;
5. Recommendations for
				achieving better coordination and collaboration among State and local agencies;
				and
6. Recommendations for system-wide
				improvements in services to prevent fatalities and near fatalities among
				children.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 5 - DISPUTE RESOLUTION › Subchapter 1 - INTRODUCTION AND OVERVIEW › Section 3A:5-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purposes of this chapter are to:
1. Describe the procedures for a client, or
				specified service provider of the Division, to resolve disputes with the Division of
				Child Protection and Permanency;
2.
				Identify who may request a dispositional review and describe the procedures for a
				dispositional review;
3. Identify who
				may appeal certain Division actions to the Office of Administrative Law (OAL);
				and
4. Describe the procedures to
				request an administrative hearing before the OAL, except as limited by
				N.J.A.C.
				3A:5-2.5, 4.1, 4.2 and 4.3.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 5 - DISPUTE RESOLUTION › Subchapter 1 - INTRODUCTION AND OVERVIEW › Section 3A:5-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules describe the preliminary efforts
				provided by the Division to resolve disputes regarding:
1. Services provided by or through the local
				offices;
2. A finding of substantiated
				child abuse or neglect made by the Division or the Office of the Public Defender
				acting as the Division's agent in conflict matters in child protective service
				investigations; and
3. Status issues for
				service providers of the Division pursuant to
				N.J.S.A.
				30:4C-12.1, and in accordance with N.J.A.C.
				3A:20.