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

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.