New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 48A - BACKGROUND CHECKS
Subchapter 3 - PROCEDURES
Section 10:48A-3.1 - Fingerprints

1. Complete the Certification and Permission for Background Check and Release of Information (see N.J.A.C. 10:48A Appendix), which will be witnessed by a representative of the community agency, in the case of an agency head or employee. The community agency or community care residence shall retain the consent with the employee's personnel information or in the community care residence, as applicable. The Division shall retain the agency head consent;

2. Obtain a receipt from the representative of the agency taking the fingerprints that they have been taken;

3. Return the receipt to the community agency head, or designee, or the community care residence applicant or community care residence licensee; and

4. If the prints are rejected by the State Police or FBI as unclassifiable, make an appointment to be reprinted within 10 days of notification that the prints are rejected.

1. The DHS Coordinator shall review the results and determine what may be released to the agency or community care residence;

2. No later than 14 days from receipt of the results, the Department shall make a determination regarding the qualification or disqualification of the individual and shall notify the individual and the community agency or the community care residence in writing. If the individual is disqualified, the conviction(s), which constitutes the basis for the disqualification, shall be identified in the written notice. The written notice may be transmitted electronically, if the individual authorized the Department to transmit the information electronically;

3. The Department's determination of qualification shall not require the community agency to employ the individual, or the community care residence to utilize the individual as a community care residence alternate. The Department's determination of disqualification shall require the community agency to terminate or not offer employment to the individual. The community care residence shall not be qualified to house individuals if the Department has determined that the community care residence applicant, community care residence licensee, community care residence alternate, or community care residence household member is disqualified;

4. If the fingerprints are rejected twice, the State Police shall check the name, date of birth, and Social Security number and forward the results to the DHS Coordinator. The Department of Human Services will, at the same time, request a similar search by the FBI on all prints rejected twice; and 5. In the case of a community agency head, the DHS Coordinator shall convey, in writing, the results of the review to the Assistant Commissioner of the Division of Developmental Disabilities. The Assistant Commissioner will advise the board president in writing.