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. 18, September 16, 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.
(c) The investigating unit shall make a good faith effort to notify the caregiver accused of abuse, neglect or exploitation of the allegation, the possibility of being placed on the Central Registry if the allegations are substantiated and the consequences of a failure to cooperate with the investigation of the allegations.
(d) The investigating unit shall provide notification of the investigation to the appropriate parties as applicable, including, but not limited to, the alleged victim, as appropriate, the alleged victim's guardian, the alleged perpetrator's employer and the alleged perpetrator(s).
(e) The investigating unit shall work collaboratively with law enforcement personnel in the investigation of the allegations. The guardian of the individual with a developmental disability shall also be authorized to request appropriate assistance from local and State law enforcement officials.
(f) No information received in potential Central Registry investigations shall be considered as a public or government record within the meaning of P.L. 1963, c. 73 (NJ.S.A. 47:1A-1 et seq.) or P.L. 2001, c. 404 (N.J.S.A. 47:1A-5et seq.). Information shared with a guardian in connection with attendance at an investigative interview pursuant to (b) above, or under circumstances described in (e) above is for the private use of the guardian or law enforcement unit, remaining covered by Federal and State privacy and medical information laws.
(g) All records of a report made pursuant to this chapter, all information obtained by the Department in investigating such reports and all reports of findings forwarded to the Central Registry pursuant to the Act shall be kept confidential and may be disclosed only under circumstances expressly authorized by rules and regulations promulgated by the Commissioner or by court order. The Department shall only disclose information that is relevant to the purpose for which the information is required; except that the Department shall not disclose information that would likely endanger the life, safety or physical or emotional well-being of an individual with a developmental disability or the life or safety of any other person or which may compromise the integrity of a departmental investigation, civil or criminal investigation or judicial proceeding. If the Department denies access to specific information on any of these bases, the requesting entity may seek disclosure by making application to the Law Division of Superior Court. Nothing in the Act or this chapter shall be construed to permit the disclosure of any information deemed confidential by Federal or State law.
(h) Upon the initiation of an investigation, the Department shall:
(i) The Office of Investigations shall issue a written report within 30 days of the completion of the investigation that includes the conclusions of the unit, the rationale for the conclusion, and a detailed summary of any communication secured pursuant to the investigation. The report shall also include an assessment of the role of any case manager of a caregiver or the case manager's supervisor, if applicable, in the allegation of abuse, neglect, or exploitation and a recommendation about whether any civil or criminal action should be brought against the case manager or supervisor. The report shall be made part of the record for review in any civil or criminal proceeding that may ensue, pursuant to the requirements of N.J.A.C. 10:41-3.2.
(j) The Office of Investigations shall retain a record of all unsubstantiated incidents, as set forth in P.L. 2012, c. 69 (designated as Tara's Law).
(k) The Office of Investigations, the Department, or other investigating entity shall also forward to the Commissioner, or the Commissioner's designee, all unsubstantiated incidents of abuse, neglect, or exploitation of an individual with a developmental disability, as set forth in P.L. 2012, c. 69 (designated as Tara's Law).