Current through Register Vol. 56, No. 18, September 16, 2024
(a)
Investigation of new applications or investigations for redetermination of
eligibility may indicate to the CWA that a crime may have been committed.
Allegations of the suspected commission of a crime may also be made known to
the CWA through various other sources, including, but not limited to, phone
calls, written communications, or verbal communications from individuals. In
matters of reporting of criminal offenses, the CWA shall, at all times,
maintain full compliance with the provisions of N.J.A.C. 10:69-7, dealing with
basic principles for safeguarding of information.
(b) The nature of offenses which must be
reported to local authorities are:
1. Arson,
manslaughter, murder or any crimes which constitute crimes of the third, second
and first degrees, such as atrocious assault and battery, carnal abuse, incest
or rape. (Refer to legal counsel for additional information identifying crimes
of the third, second and first degrees.); and
2. In order to afford protection to children,
certain other crimes and abuses as required by Federal, State or local statute
or regulations must also be reported to the proper authorities.
(c) Knowledge of the actual
commission of a Federal felony must be reported to Federal authorities unless
law prohibits the disclosure of such information. (Refer to legal counsel for
identification of Federal felonies.)
(d) When the CWA becomes aware of facts that
would indicate that one of the crimes in (b) or (c) above has been or may have
been committed or receives a direct allegation in any form, written, verbal, or
anonymous, that such a crime has been committed, it shall proceed as follows:
1. The CWA director shall personally, and in
collaboration with counsel, review whatever facts and circumstances are
immediately available in order to determine whether there is suspicion that a
crime was committed.
2. If the CWA
director is satisfied that there is evidence to support an investigation as to
whether a crime has been committed, he or she shall, after consultation with
counsel, report the matter to the county prosecutor, or to a local police
department or to the State Police if so directed by the office of the
prosecutor. If such matter involves suspected child abuse or neglect, it shall
also be reported to the social service unit which shall contact the Division of
Child Protection and Permanency (see
N.J.A.C.
10:69-3.12) .
3. When a decision has been made to report
the alleged or suspected commission of the crime, such report shall be made in
written form to the appropriate law enforcement agency.
4. The CWA shall cooperate fully with any
subsequent investigation initiated by the law enforcement agency within the
limits of this chapter. A CWA staff member may sign a written complaint only
upon a written request from the law enforcement agency, provided his or her
information of the facts to be stated in such complaint is based upon his or
her own personal knowledge and belief.
