New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48A - BACKGROUND CHECKS › Subchapter 2 - ADMINISTRATION › Section 10:48A-2.1 - General standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
									N.J.S.A.
				30:6D-63 to 72 requires that any community
				agency under contract with, or licensed by, the Department shall not pay or
				contract for 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 Federal Bureau of Investigation Identification Division, or in
				the State Bureau of Identification in the Division of State Police, which would
				disqualify the community agency head, or the community agency employee from
				such employment.
				N.J.S.A.
				30:6D-63 through 72 also requires that a
				community care residence shall not be qualified to house individuals unless it
				has first been determined that no criminal history record information exists on
				file in the Federal Bureau of Investigation Identification Division, or in the
				State Bureau of Identification in the Division of State Police, which would
				disqualify the community care residence applicant, community care residence
				licensee, community care residence alternate, or community care residence
				household member.
(b) Fingerprints
				shall be taken electronically through a "live scan" process. The agency staff,
				community care residence applicant, community care residence licensee,
				community care residence alternate, or community care residence household
				member shall be responsible to schedule an appointment to have fingerprints
				taken by the current approved vendor using the information on the unique
				fingerprint form provided by the employer or the Division. The State Bureau of
				Identification will check its own records and forward an inquiry to the Federal
				Bureau of Investigation.
(c) It
				shall be the responsibility of the community agency head, community care
				residence applicant, or community care residence licensee to ensure compliance
				with this chapter.
(d) If the
				criminal history record indicates a conviction for certain criminal or
				disorderly persons offenses, the employee shall be terminated from employment,
				or the community care residence shall not be qualified to house individuals
				unless the employee, the community care residence applicant, community care
				residence licensee, community care residence alternate, or community care
				residence household member affirmatively demonstrates to the Department, clear
				and convincing evidence of his or her rehabilitation.
(e) If a prospective employee, community care
				residence applicant, prospective community care residence alternate, or
				prospective community care residence household member refuses to consent to or
				cooperate in securing a background check, the person shall not be considered
				for employment, or the community care residence shall not be qualified to house
				individuals.
(f) If a current
				employee refuses to consent to or cooperate in securing fingerprints for the
				purpose of a background check, the person shall be immediately removed from his
				or her position and the person's employment shall be terminated. If a community
				care residence licensee, community care residence alternate, or community care
				residence household member refuses to consent to or cooperate in securing
				fingerprints for the purpose of a background check, the community care
				residence shall not be qualified to house individuals.
(g) A background check shall be conducted at
				least once every two years through the electronic submission of an archive
				request. An archive request shall be submitted by the community agency
				electronically to the DDD fingerprint liaison to be forwarded to the live scan
				vendor. The Department shall submit the archive request for a community care
				residence. The CHRI result will be forwarded to the DHS Coordinator for
				distribution to the requesting community agency or to the community care
				residence.
(h) The community agency
				head and all employees who may come in contact with persons served by the
				agency, shall submit their fingerprints prior to employment to the Department
				of Human Services office, as directed by the Division. A community care
				residence applicant, community care residence licensee, community care
				residence alternate, or community care residence household member shall submit
				their fingerprints to the Department, as directed by the Division.
(i) If the background check of the community
				agency head, community care residence applicant, or community care residence
				licensee reveals a criminal record as identified below, the Department shall
				determine within 60 days, if the community agency head, community care
				residence applicant, or community care residence licensee has been
				rehabilitated in accordance with
				N.J.A.C.
				10:48A-3.4.
(j) The community agency head shall ensure
				that each employee who may come in contact with persons served by the agency
				shall be fingerprinted in accordance with the procedures in this chapter. The
				community care residence applicant or community care residence licensee shall
				ensure that each community care residence alternate or community care residence
				household member shall be fingerprinted in accordance with the procedures set
				forth in this chapter.
(k) All
				employees, community care residence applicants, community care residence
				licensees, community care residence alternates, and community care residence
				household members shall sign a written consent to the criminal background check
				(refer to the chapter Appendix, incorporated herein by reference) prior to the
				time the fingerprints are taken. This consent shall remain on file in the
				agency or community care residence.
(l) Individuals shall be disqualified for
				employment and community care residences shall be disqualified from housing
				individuals if any employee, any community care residence applicant, community
				care residence licensee, community care residence alternate, or community care
				residence household member has been convicted of any of the following crimes or
				disorderly persons offenses in New Jersey:
1.
				Any crime or disorderly person offense involving danger to the person as set
				forth in 2C:11-1 et seq. through 2C:15-1 et seq., including the following:
i. Murder;
ii. Manslaughter;
iii. Death by auto;
iv. Simple assault;
v. Aggravated assault;
vi. Recklessly endangering another
				person;
vii. Terroristic
				threats;
viii.
				Kidnapping;
ix. Interference with
				custody of children;
x. Sexual
				assault;
xi. Criminal sexual
				contact;
xii. Lewdness;
				or
xiii.
				Robbery;