New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44D - CENTRAL REGISTRY OF OFFENDERS AGAINST INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 3 - INVESTIGATIONS › Section 10:44D-3.1 - Responsibilities of the Office of Investigations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Office of Investigations shall investigate incidents occurring in community
				programs or facilities licensed, contracted, or funded by the Department of
				Human Services, or State-operated developmental centers that serve individuals
				with developmental disabilities.
(b) The Office of Investigation shall notify
				the guardian when an investigation of an incident involving an individual has
				been initiated, as set forth in
				P.L.
				2017, c. 238
				(designated as Stephen Komninos' Law). If there is no guardian, an authorized
				family member of the individual may be notified, unless the individual has
				expressly excluded the family member.
1. The
				guardian or family member, as appropriate, may submit information pertinent to
				the investigation for consideration by the investigators.
2. The guardian may attend the investigative
				interview of the individual and may terminate the interview, unless attendance
				or termination would impede the investigation.
3. Scheduling the participation of the
				guardian shall not impede the timely arranging of an interview. The guardian
				shall sign a confidentiality agreement limiting disclosure of information
				concerning other individuals obtained during the interview and agree to protect
				the confidentiality of any information obtained concerning other individuals.
				The interview shall not be recorded.
4. At the request of the investigator during
				the interview, the guardian may aid in the interpretation or recognition of the
				individual's speech or speech patterns. The guardian may present documentation
				prior to the interview of previous relevant incidents. The guardian may
				identify the familiar names of persons mentioned by the individual during the
				interview. At the request of the investigator during the interview, the
				guardian may describe the meanings of gestures or symbols used by non-verbal
				individuals.
5. The guardian shall
				allow the interview to be conducted by the investigator. The investigator shall
				determine the scope of the investigation and the questions to be asked of the
				individual. To ensure the integrity of the investigation, the guardian shall
				not prompt the individual or suggest answers to the individual. The guardian
				may explain terms and identifiers to the investigator after the individual has
				used the terms or identifiers.
6.
				The guardian and the investigator shall cooperate, so as to avoid intimidating
				the individual by attempting to correct responses to questions, embellish
				responses, or interrupt the dialogue between the investigator and the
				individual. The guardian and the investigator will avoid distracting the
				individual from concentrating on the interview. The investigator will provide
				the guardian with an opportunity to write down any concerns or questions
				generated during the interview. At the conclusion of the interview, the
				investigator will afford the guardian the opportunity to review and discuss
				those concerns or questions.
7. The
				guardian and the investigator shall cooperate to provide necessary support to
				the individual, facilitate communications among all participants, and to
				maintain the integrity of the interview as an ordered question and answer
				process to determine the individual's perception of the incident.