New Jersey Administrative Code
Title 3A - CHILDREN AND FAMILIES
Chapter 5 - DISPUTE RESOLUTION
Subchapter 2 - GENERAL PROVISIONS FOR DIVISION DISPUTE RESOLUTION AND ADMINISTRATIVE HEARINGS
Section 3A:5-2.9 - Accessibility of records
Universal Citation: NJ Admin Code 3A:5-2.9
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The Division shall advise the appellant of the accessibility of records and any limits of such accessibility at the time the request for a dispositional review or administrative hearing is granted, in accordance with this section.
1. The appellant, or
his or her representative with the appellant's authorization in writing, shall have
adequate opportunity to examine such portions of the appellant's case file and all
documents and records to be used by the Division to reach a conclusion at the
administrative hearing or dispositional review at a reasonable time before the date
of the administrative hearing or dispositional review, as well as during the
administrative hearing or dispositional review, except as limited by:
i. The Adoption Assistance and Child Welfare Act,
42 U.S.C. §
671(a)(8) and regulations
promulgated thereunder, as from time to time amended, applicable State laws, and
N.J.A.C. 3A:3;
ii.
45 C.F.R.
205.50, as made applicable by
45 C.F.R.
1355.21; or
iii. N.J.S.A. 9:6-8.10a and N.J.A.C. 3A:3, which
limit the provision of information which constitutes child abuse or neglect records
or reports to the appellant, his or her representative or the OAL, except under
circumstances expressly authorized by N.J.S.A. 9:6-8.10a and Federal
regulations;
2. The appellant
or his or her representative may apply for relief of any limits of access to records
due to confidentiality, if desired by the appellant, to a court of competent
jurisdiction at any point in the dispute resolution process; and
3. A Division representative shall provide to the
appellant an edited version of confidential reports and all documents and records
used by the agency to reach the disputed conclusion when confidential information
pursuant to
45 C.F.R.
205.50, 45 C.F.R. 1355.21,
N.J.S.A.
9:6-8.10a and N.J.A.C. 3A:3 or information which
constitutes child abuse/neglect information is embedded in the files, documents and
records.
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