New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 50 - MANUAL OF REQUIREMENTS FOR ADOPTION AGENCIES › Subchapter 3 - ADMINISTRATION › Section 3A:50-3.6 - Agency records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The agency shall:
1. Keep all active records on file at the
				certified agency office or certified branch office but may store files that are not
				currently active in a secure facility, with confidential files under lock and key,
				provided that the records can be accessed in a reasonable amount of time, if
				needed.
2. Make all records available
				for inspection within a reasonable amount of time by authorized representatives, as
				specified in
				N.J.A.C.
				3A:50-2.3(a)4.
3. Ensure that all entries in the child, adoptive
				family, birth family, and personnel records indicate the name of the individual
				making the entry, the date of the entry, and that all entries are signed by that
				individual.
4. Maintain the
				confidentiality of all information in all client case records, including those of
				the child, birth parents, foster parents, adoptive parents, adult adoptees, and all
				other persons residing in the adoptive parents' home, except by court order, as
				specified in this chapter or by written consent of the specific party.
i. Staff members or persons associated with or
				working in cooperation with the agency shall not disclose or knowingly permit the
				disclosure of any identifying information concerning the child, birth parents,
				foster parents, adoptive parents or adult adoptees to any unauthorized person(s).
				Authorized persons are:
(1) Department
				representatives involved in child abuse and/or neglect investigations, or as
				otherwise authorized by statute;
(2)
				Office of Licensing representatives or designees engaged in review activities
				related to certifications;
(3) Staff
				members of other agencies acting within the scope of their employment;
(4) Representatives of adoption agencies or the
				social welfare or law enforcement agencies exchanging information regarding
				individuals in the care or legal custody of one of the agencies; and
(5) Persons named in court orders for this
				purpose.
ii. The agency may
				disclose identifying information to bona fide researchers who have received
				permission from the Commissioner or his or her designee, subject to any restrictions
				and/or limitations set by the Commissioner or designee, and who agree to maintain
				the confidentiality of the child, birth parents, foster parents, adoptive parents
				and/or adult adoptees.
iii. The agency
				shall disclose or permit the disclosure of non-identifying information to the child,
				adult adoptee, birth parents, foster parents and adoptive parents after verifying
				the identity of the person making the request.
iv. An agency shall supply full information as
				permitted by these rules to any party involved in an adoption upon
				request.
v. The agency shall not verify
				or give to the adoptive parents the names of the birth parents without the written
				permission of the birth parents, even though the adoptive parents may have learned
				of the identity of the birth parents before or after the plan for adoption was
				made.