New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 48A - BACKGROUND CHECKS
Subchapter 3 - PROCEDURES
Section 10:48A-3.5 - Subsequent offenses

Universal Citation: NJ Admin Code 10:48A-3.5

Current through Register Vol. 56, No. 18, September 16, 2024

(a) All employees, community care residence alternates, and community care residence household members shall be advised, in writing, that they are responsible to notify the community agency head or community care residence licensee of any criminal charges related to the offenses listed in this chapter subsequent to the background check.

(b) In the case of the community agency head or community care residence licensee, he or she shall be responsible to notify the Assistant Commissioner and the community agency board, if applicable, in writing, of any criminal charges subsequent to the background check.

(c) The State Police will notify the Department in the event an individual who was the subject of a criminal history background check is arrested or convicted of a crime or offense in New Jersey after the date that the criminal history background check was performed. The Department shall advise the community agency head or community care residence licensee regarding the individual's subsequent arrest or conviction. If the community agency head or community care residence licensee is subsequently arrested or convicted, the DHS Coordinator shall notify the Assistant Commissioner. The Assistant Commissioner will then notify the community agency board, if applicable.

(d) A background check shall be conducted at least once every two years through the electronic submission of an archive request. An archive request shall be submitted by the community agency electronically to the DDD fingerprint liaison to be forwarded to the live scan vendor. The Department shall submit archive requests for community care residences. The CHRI result will be forwarded to the DHS Coordinator for distribution to the requesting community agency or to the community care residence. The Department may determine an alternative means to identify an individual who has been convicted of an offense covered in this procedure. This may include, but not be limited to, a match of a person's Social Security number or other identifying information.

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