New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Subchapter 5 - STAFF REQUIREMENTS › Section 3A:55-5.6 - Criminal History Record Information background checks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As a condition of
				securing and maintaining a certificate, the facility shall ensure that a State and
				Federal Criminal History Record Information (CHRI) fingerprint background check, in
				keeping with P.L. 2003, c.
				186, is completed for the director and each staff
				member.
(b) If the director refuses to
				consent to or cooperate in a CHRI background check, the Office of Licensing shall
				deny, suspend, revoke, or refuse to renew the certificate, as applicable. The
				facility may appeal the denial, suspension, revocation, or refusal to renew the
				certificate, as specified in
N.J.A.C. 3A:55-2.4
.
(c) If a staff member refuses
				to consent to or cooperate in a CHRI background check, the facility shall
				immediately terminate the staff member's employment at the facility.
(d) If any person identified in (a) above has a
				record of criminal conviction, the Department shall review the record with respect
				to the type and date of the criminal offense and make a determination as to the
				suitability of the person to receive a certificate or to administer or work at the
				facility.
(e) A person shall be
				disqualified from receiving a certificate or administering or working at a facility
				if that person ever committed a crime which resulted in a conviction for:
1. A crime against a child, including endangering
				the welfare of a child and child pornography pursuant to
				2C:24-4, or child molestation as set
				forth in 2C:14-1 et seq.;
2. Abuse, abandonment or neglect of a child
				pursuant to 9:6-3;
3. Endangering the welfare of an incompetent
				person pursuant to
				2C:24-7;
4. Sexual assault, criminal sexual contact or
				lewdness pursuant to
				2C:14-2 through 14-4;
5. Murder pursuant to
				2C:11-3 or manslaughter pursuant to
				2C:11-4;
6. Stalking pursuant to section 1 of P.L. 1992,
				c.209 ( 2C:12-10 );
7. 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
				pursuant to 2C:13-1 through 13-5 and section 1 of
				P.L. 1993, c.291 (N.J.S.A. 2C:13.6);
8.
				Arson pursuant to
				2C:17-1, or causing or risking
				widespread injury or damage, which would constitute a crime of the second degree
				pursuant to 2C:17-2;
9. Aggravated assault, which would constitute a
				crime of the second or third degree pursuant to subsection b of
				2C:12-1;
10. Robbery, which would constitute a crime of the
				first degree pursuant to
				2C:15-1;
11. Burglary, which would constitute a crime of
				the second degree pursuant to
				2C:18-2;
12. Domestic violence pursuant to P.L. 1991, c.261
				( 2C:25-17 et seq.);
13. Terroristic threats pursuant to
				2C:12-3;
14. An attempt or conspiracy to commit any of the
				crimes or offenses listed in (e)1 through 13 above; or
15. In any other state or jurisdiction, conduct
				which, if committed in New Jersey, would constitute any of the crimes or offenses
				described in (e)1 through 14 above.