New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 77 - REHABILITATIVE SERVICES FOR CHILDREN › Subchapter 4 - BEHAVIORAL ASSISTANCE SERVICES › Section 10:77-4.15 - 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 New Jersey 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 fingerprint-based criminal history
				background checks to DHS/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 new and current agency heads and staff who are required pursuant to this
				section to undergo a fingerprint-based criminal history background check that
				have not completed one, 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)
				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 ECCU, 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 fingerprint-based criminal
				history 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. Those staff members shall stop working immediately upon determination
				of ineligibility.
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.