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 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
background checks to 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 current agency heads and staff who have not completed a fingerprint-based
criminal history background check and all new agency heads and staff who may
provide in-person services directly to beneficiaries shall complete the
fingerprint-based criminal history background check process through the
Employment Controls and Compliance Unit (ECCU) 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
Employment Controls and Compliance Unit (ECCU) within the 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 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. That staff shall stop working
immediately.
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 criminal history
record 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 at
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 provisions 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
criminal history record 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 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.
