New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 77 - REHABILITATIVE SERVICES FOR CHILDREN › Subchapter 5 - INTENSIVE IN-COMMUNITY MENTAL HEALTH REHABILITATION SERVICES › Section 10:77-5.15 - Fingerprint-based criminal history background checks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any community agency under contract with
				the Department of Human Services shall not pay, or contract with, any employee
				or agency head for the provision of services unless it has first been
				determined that no criminal history record information exists on file in the
				State Bureau of Identification in the Division of State Police, that would
				disqualify the community agency head or the community agency employees from
				such employment. The determination shall be made by the DHS Office of Program
				Integrity and Accountability (OPIA).
1. Each
				community agency head and all community agency employees who may provide
				in-person services directly to beneficiaries shall be required to cooperate
				with a fingerprint-based criminal history background check provided by
				DHS/OPIA. The agency shall submit the names of the individuals requiring
				background checks to OPIA. The Department shall notify the community agency if
				an individual has been determined qualified or disqualified and the community
				agency shall notify the individual. The Department's determination of
				qualification shall not require the community agency to employ the individual.
				The Department's determination of disqualification shall require the community
				agency or community care residence to terminate employment or not offer
				employment to the individual.
2.
				All current agency heads and staff who have not completed a fingerprint-based
				criminal history background check and all new agency heads and staff who may
				provide in-person services directly to beneficiaries shall complete the
				fingerprint-based criminal history background check process through the
				Employment Controls and Compliance Unit (ECCU) DHS Office of Program Integrity
				and Accountability (OPIA) immediately, but not later than May 16,
				2024.
3. All current agency heads
				and staff that have had a previous background check must complete the
				fingerprint-based criminal history background check process through the
				Employment Controls and Compliance Unit (ECCU) within the DHS Office of Program
				Integrity and Accountability (OPIA) by April 1, 2026.
4. For all staff background checked by ECCU,
				the State Police "flag" each fingerprint and notify ECCU when it is associated
				with a criminal activity subsequent to the initial background check. If an
				employee is identified as having been associated with an arrest, ECCU will
				reach out to DMAHS for a final determination and the Children's System of Care
				(CSOC) within the Department of Children and Families (DCF) will be notified of
				the determination. For those staff who are determined ineligible for
				employment, CSOC will notify the employer. That staff shall stop working
				immediately.
5. Once an individual
				is fingerprinted, if they are not hired, or the employee's employment
				terminates for any reason, the provider shall submit a flag removal form to
				ECCU. The provider may contact the help desk through email at
				ECCU.FARA@dhs.nj.gov or call 609-262-0207 for assistance, if
				needed.