Current through Register Vol. 56, No. 18, September 16, 2024
(a) Any community agency under contract with
the Department of Human Services shall not pay, or contract with, any employee
or agency head for the provision of services unless it has first been
determined that no criminal history record information exists on file in the
State Bureau of Identification in the New Jersey Division of State Police, that
would disqualify the community agency head or the community agency employees
from such employment. The determination shall be made by the DHS Office of
Program Integrity and Accountability (OPIA).
1. Each community agency head and all
community agency employees who may provide in-person services directly to
beneficiaries shall be required to cooperate with a fingerprint-based criminal
history background check provided by DHS/OPIA. The agency shall submit the
names of the individuals requiring fingerprint-based criminal history
background checks to DHS/OPIA. The Department shall notify the community agency
if an individual has been determined qualified or disqualified and the
community agency shall notify the individual. The Department's determination of
qualification shall not require the community agency to employ the individual.
The Department's determination of disqualification shall require the community
agency or community care residence to terminate employment or not offer
employment to the individual.
2.
All new and current agency heads and staff who are required pursuant to this
section to undergo a fingerprint-based criminal history background check that
have not completed one, must complete the fingerprint-based criminal history
background check process through the Employment Controls and Compliance Unit
(ECCU) within the DHS Office of Program Integrity and Accountability (OPIA)
immediately, but not later than May 16, 2024.
3. All current agency heads and staff that
have had a previous background check must complete the fingerprint-based
criminal history background check process through the ECCU, DHS Office of
Program Integrity and Accountability (OPIA) by April 1, 2026.
4. For all staff background checked by ECCU,
the State Police "flag" each fingerprint and notify ECCU when it is associated
with a criminal activity subsequent to the initial fingerprint-based criminal
history background check. If an employee is identified as having been
associated with an arrest, ECCU will reach out to DMAHS for a final
determination and the Children's System of Care (CSOC) within the Department of
Children and Families (DCF) will be notified of the determination. For those
staff who are determined ineligible for employment, CSOC will notify the
employer. Those staff members shall stop working immediately upon determination
of ineligibility.
5. Once an
individual is fingerprinted, if they are not hired, or the employee's
employment terminates for any reason, the provider shall submit a flag removal
form to ECCU. The provider may contact the help desk through email at
ECCU.FARA@dhs.nj.gov or call 609-262-0207 for assistance, if
needed.
(b) An individual
shall be disqualified from employment if that individual's fingerprint-based
criminal history background check reveals a record of conviction of any of the
following crimes and offenses:
1. In New
Jersey, any crime or disorderly persons offense:
i. Involving danger to the person, meaning
those crimes and disorderly persons offenses set forth at
N.J.S.A.
2C:11-1 et seq., 2C:12-1 et seq., 2C:13-1 et
seq., 2C:14-1 et seq., or 2C:15-1 et seq.;
ii. Against the family, children, or
incompetents, meaning those crimes and disorderly persons offenses set forth in
N.J.S.A.
2C:24-1 et seq.; or
iii. A crime or offense involving the
manufacture, transportation, sale or possession, or use of a controlled
dangerous substance as defined in the New Jersey Controlled Dangerous
Substances Act, P.L.
1970, c. 226 (N.J.S.A.
24:21-1 et seq.); or
2. In any other state or jurisdiction, of
conduct which, if committed in New Jersey, would constitute any of the crimes
or disorderly persons offenses described at (b)1 above.
(c) An individual shall have 14 days from the
notice of disqualification to challenge the accuracy of the fingerprint-based
criminal history background check.
(d) If a prospective community agency
employee or community agency head refuses to consent to, or cooperate in,
securing of a fingerprint-based criminal history background check, the person
shall not be considered for employment.
(e) If a current agency head or employee who
is required, pursuant to this section, to undergo a fingerprint-based criminal
history background check refuses to consent to, or cooperate in, the securing
of a fingerprint-based criminal history background check, that person shall be
immediately removed from their position and their employment
terminated.
(f) A conviction of a
crime or disorderly persons offense against children, as set forth at
N.J.S.A.
2C:24-4 and 4.1, shall permanently disqualify
individuals from employment at a community agency.
(g) Notwithstanding any other provision of
this chapter to the contrary, except for (f) above, no individual shall be
disqualified from employment on the basis of any conviction disclosed by a
fingerprint-based criminal history background check if the individual has
affirmatively demonstrated to the Department, clear and convincing evidence of
the individual's rehabilitation. In determining whether an individual has
affirmatively demonstrated rehabilitation, the following factors shall be
considered:
1. The nature and responsibility
of the position that the convicted individual would hold, has held, or
currently holds, as the case may be;
2. The nature and seriousness of the
offense;
3. The circumstances under
which the offense occurred;
4. The
date of the offense;
5. The age of
the individual when the offense was committed;
6. Whether the offense was an isolated or
repeated incident;
7. Any social
conditions that may have contributed to the offense; and
8. Any evidence of rehabilitation including,
but not limited to, evidence of good conduct in prison or in the community,
counseling or psychiatric treatment received, acquisition of additional
academic or vocational schooling, successful participation in correctional
work-release programs, or the recommendation of those who have had the
individual under their supervision.
(h) The individual shall have no longer than
14 days from the date of the written notice of disqualification to provide
evidence of affirmatively demonstrated rehabilitation to the Department as
provided pursuant to this section.
1. The
individual may make a one-time request to the Department for an additional 14
days to gather and provide evidence of rehabilitation.
(i) The Department shall have no longer than
90 days from the date of receipt of evidence of the individual's asserted
affirmatively developed rehabilitation to make a determination on the
individual's qualification. The Department shall notify the individual and the
community agency, in writing, of the determination of the individual's
qualification or disqualification no longer than 90 days from the date of
receipt of evidence of the individual's affirmatively developed rehabilitation.
The written notice may be transmitted electronically if the individual
authorizes the Department to transmit the information electronically.
