New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44D - CENTRAL REGISTRY OF OFFENDERS AGAINST INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 1 - GENERAL PROVISIONS › Section 10:44D-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise:
"Abuse" means wrongfully inflicting or allowing to be
				  inflicted physical abuse, sexual abuse or verbal or psychological abuse or
				  mistreatment by a caregiver upon an individual with a developmental
				  disability.
"Act" means 30:6D-73 et seq.
"Authorized family member" means a relative of the individual
				  with a developmental disability authorized by the individual's guardian or by
				  the individual, if the individual does not have an appointed guardian, to
				  receive information pursuant to this section.
"Caregiver" means a person who receives State funding,
				  directly or indirectly, in whole or in part, or who volunteers to provide
				  services or supports, or both, to an individual with a developmental
				  disability.
1. "Caregiver" shall not include an immediate family member
				  of a person with a developmental disability.
"Central Registry" means the Central Registry of Offenders
				  Against Individuals with Developmental Disabilities established pursuant to the
				  Act.
"Commissioner" means the Commissioner of the Department of
				  Human Services.
"Community-based residential program" or "residential
				  program" means a group home or supervised apartment, which is licensed and
				  regulated by the Department.
"Day program" means a program that is certified to provide
				  day habilitation services or sheltered workshops for individuals with
				  developmental disabilities.
"Department" means the Department of Human Services.
"Developmental disability" means developmental disability as
				  defined in P.L. 1977, c. 82, § 3 (30:6D-3 ).
"Division" means the Division of Developmental
				  Disabilities.
"Exploitation" means the act or process of a caregiver using
				  an individual with a developmental disability or his resources for another
				  person's profit or advantage.
"Immediate family member" means a parent; sibling; child by
				  blood, adoption or marriage; spouse; civil union partner; grandparent; or
				  grandchild.
"Intimate parts" means the following body parts of a person:
				  sexual organs, genital area, anal area, inner thigh, groin, buttock or
				  breast.
"Lewdness" means the exposing of the genitals for the purpose
				  of arousing or gratifying the sexual desire of a caregiver or an individual
				  with a developmental disability, or any flagrantly lewd and offensive act that
				  the caregiver knows or reasonably expects is likely to be observed by an
				  individual with a developmental disability.
"Neglect" shall consist of any of the following acts by a
				  caregiver on an individual with a developmental disability: willfully failing
				  to provide proper and sufficient food, clothing, maintenance, medical care or a
				  clean and proper home; or failure to do, or permit to be done, any act
				  necessary for the well-being of an individual with a developmental
				  disability.
"Physical abuse" means a physical act directed at an
				  individual with a developmental disability by a caregiver of a type that causes
				  one or more of the following: pain, injury, anguish or suffering. Such acts
				  include, but are not limited to, the individual with a developmental disability
				  being kicked, pinched, bitten, punched, slapped, hit, pushed, dragged or struck
				  with a thrown or held object.
"Program" means any program that is licensed or funded by the
				  Department for the purpose of providing services to individuals with
				  developmental disabilities. "Program" includes, but is not limited to, a day
				  program or a community-based, residential program.
"Sexual abuse" means an act or attempted act of lewdness,
				  sexual contact or sexual penetration between a caregiver and an individual with
				  a developmental disability. Any form of sexual contact or activity between a
				  caregiver and an individual with a developmental disability, absent marriage,
				  domestic partnership or civil union, is sexual abuse, regardless of whether the
				  individual with a developmental disability gives consent or the caregiver is on
				  or off duty.
"Sexual contact" means an intentional touching by a caregiver
				  or individual with a developmental disability, either directly or through
				  clothing, of the intimate parts of the individual with a developmental
				  disability or the caregiver for the purpose of sexually arousing or sexually
				  gratifying the caregiver. Sexual contact of the caregiver with himself or
				  herself must be in view of the individual with a developmental disability whom
				  the caregiver knows to be present.
"Sexual penetration" means vaginal intercourse, cunnilingus,
				  fellatio or anal intercourse between a caregiver and an individual with a
				  developmental disability or insertion of the hand, finger or object into the
				  anus or vagina, either by the caregiver or upon the caregiver's
				  instruction.
"Substantiated" means the available information obtained
				  during the investigation of an allegation of abuse, neglect, or exploitation
				  indicates a finding by a preponderance of the evidence that a caretaker or
				  licensee abused, neglected, or exploited an individual with a developmental
				  disability.
"Unfounded" means the available information obtained during
				  the investigation of an allegation of abuse, neglect, or exploitation indicates
				  a finding that a caretaker or licensee has not abused, neglected, or exploited
				  an individual with a developmental disability.
"Unsubstantiated" means the available information obtained
				  during the investigation of an allegation of abuse, neglect, or exploitation
				  does not indicate a finding, by a preponderance of the evidence, that a
				  caretaker or licensee abused, neglected, or exploited an individual with a
				  developmental disability, but there may be some indication that an individual
				  may have been harmed or placed at risk of harm.
"Verbal or psychological abuse or mistreatment" means any
				  verbal or non-verbal act or omission by a caregiver that inflicts one or more
				  of the following: emotional harm; mental distress; or invocation of fear,
				  humiliation, intimidation or degradation to an individual with a developmental
				  disability. Examples include, but are not limited to: bullying; ignoring need;
				  verbal assault; use of racial or ethnic slurs; or intimidating gestures, such
				  as shaking a fist at an individual with a developmental disability.