New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 51 - MANUAL OF REQUIREMENTS FOR RESOURCE FAMILY PARENTS › Subchapter 5 - PERSONAL REQUIREMENTS › Section 3A:51-5.4 - Criminal History Record Information background checks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Level I Criminal
				History Record Information requirements are as follows:
1. As a condition of securing a license, the
				resource family parent or applicant shall ensure that a State and Federal Criminal
				History Record Information (CHRI) background check, in keeping with the New Jersey
				Adoption and Safe Families Act,
				P.L.
				1999, c. 53,
				30:4C-26.8,
				and current within one year, is completed for each resource family parent or
				applicant and each household member at least 18 years of age.
2. Each new household member at least 18 years of
				age, and each household member who reaches 18 years of age shall complete a State
				and Federal CHRI background check.
3.
				Each resource family parent or adult household member who is not registered in the
				flagged State criminal history record information background check pursuant to
				N.J.S.A. 30:4C-27.8b shall complete a State CHRI background check prior to license
				renewal.
4. A criminal history record
				name-based check can replace the CHRI background check in individual cases where
				fingerprints cannot be taken because of a physical disability which prevents
				fingerprinting or because the person has either no fingerprints or no
				fingers.
5. If the resource family
				parent or applicant or any person specified in (a)1 above refuses to consent to a
				CHRI fingerprint background check, the Office of Licensing shall deny the
				application or suspend, revoke, or refuse to renew the license, as
				applicable.
6. If any person specified
				in (a)1 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 resource family parent or applicant to
				receive or maintain a license.
7. A
				person shall be disqualified from receiving or maintaining an initial or renewal
				license as a resource family parent if that person or any person specified in (a)1
				above ever committed a crime which resulted in a conviction for:
i. A crime against a child, including endangering
				the welfare of a child and child pornography pursuant to
				2C:24-4;
				or child abuse, neglect, or abandonment pursuant to
				9:6-3;
ii. Murder pursuant to
				2C:11-3 or manslaughter
				pursuant to
				2C:11-4;
iii. Aggravated assault which would constitute a
				crime of the second or third degree pursuant to subsection b. of
				2C:12-1;
iv. Stalking pursuant to
				P.L.
				1992, c. 209 (2C:12-10
				);
v. 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
				6;
vi. Sexual assault, criminal sexual
				contact or lewdness pursuant to
				2C:14-2 through
				4;
vii. Robbery which would constitute a
				crime of the first degree pursuant to
				2C:15-1;
viii. Burglary which would constitute a crime of
				the second degree pursuant to
				2C:18-2;
ix. Domestic violence pursuant to
				P.L.
				1991, c. 261 (2C:25-17 et
				seq.);
x. Endangering the welfare of an
				incompetent person pursuant to
				2C:24-7 or endangering the
				welfare of an elderly or disabled person pursuant to
				2C:24-8;
xi. Terrorist threats pursuant to
				2C:12-3;
xii. Arson, pursuant to N.J.S.A. 2C:17-1, or
				causing or risking widespread injury or damage that would constitute a crime of the
				second degree pursuant to N.J.S.A. 2C:17-2; or
xiii. An attempt or conspiracy to commit an
				offense listed in (a)7i through xii above.
8. A person shall be disqualified from receiving
				or maintaining an initial or renewal license as a resource family parent if that
				person or any person specified in (a)1 above was convicted of one of the following
				crimes and the date of release from confinement occurred during the preceding five
				years:
i. Simple assault pursuant to subsection a.
				of
				2C:12-1;
ii. Aggravated assault which would constitute a
				crime of the fourth degree pursuant to subsection b. of
				2C:12-1;
iii. A drug-related crime pursuant to
				P.L.
				1987, c. 106 (2C:35-1 et
				seq.);
iv. Robbery which would
				constitute a crime of the second degree pursuant to
				2C:15-1;
v. Burglary which would constitute a crime of the
				third degree pursuant to
				2C:18-2; or
vi. An attempt or conspiracy to commit an offense
				listed in (a)8i through v above.
9. The term "date of release from confinement" in
				(a)8 above means the date of termination of court-ordered supervision through
				probation, parole, or residence in a correctional facility, whichever date occurs
				last.
10. A conviction for one of the
				offenses enumerated in (a)7 or 8 above shall be determined to have occurred if the
				person has been convicted under the laws of this State or any other state or
				jurisdiction for an offense that is substantially equivalent to the offenses
				enumerated in this subsection.
11. If
				the Department is notified that any person specified in (a)1 above is convicted of a
				crime or offense after the CHRI has been completed, the Department shall make a
				determination whether to deny, suspend, revoke, or refuse to renew the resource
				family parent's license.