New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 44D - CENTRAL REGISTRY OF OFFENDERS AGAINST INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
Subchapter 5 - DEPARTMENT REVIEW
Section 10:44D-5.1 - Central Registry of Offenders Against Individuals with Developmental Disabilities Review
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The Commissioner, or the Commissioner's designee, shall decide whether to place the names of a caregiver who has been found to be a substantiated perpetrator of abuse, neglect, or exploitation on the Central Registry of Offenders Against Individuals with Developmental Disabilities.
(b) The Commissioner, or the Commissioner's designee, shall notify the individual, who has been substantiated as a perpetrator of abuse, neglect, and/or exploitation, of the intention to place or not place him or her on the Central Registry of Offenders Against Individuals with Developmental Disabilities. The notification will include the perpetrator's name, address, the Unusual Incident Report number issued by the Critical Incident Management Unit, date upon which the decision was made, brief description of the incident and findings, and, in the case of placement on the Central Registry, a summary of the right to appeal procedures. Copies of the notification will be sent to the perpetrator's employer and the contracting or licensing unit providing funding to the perpetrator.
(c) Forty-five calendar days after having mailed notification of the Commissioner's intent to place a person on the Central Registry to the substantiated perpetrator's best, last known address, that person shall be placed on the Central Registry, unless that person properly requests an informal hearing or a hearing before the Office of Administrative Law, as described in N.J.A.C. 10:44D-6.1 and 6.2.
(d) Any person placed on the Central Registry shall cease all contact with persons with developmental disabilities, except immediate family members, for whom they directly or indirectly received State funding, upon notification.
(e) Upon placement on the Central Registry, a person shall remain on the Central Registry until an affirmative proof of rehabilitation is offered to the Commissioner who will determine if removal of the individual from the Central Registry is warranted (as described in at 10:44D-6.3) .