Current through Register Vol. 56, No. 18, September 16, 2024
(a) As a condition of securing a license or
Certificate of Life/Safety Approval, the sponsor or sponsor representative shall
ensure that a Criminal History Record Information (CHRI) fingerprint background
check is completed for himself or herself, and for all staff members at least 18
years of age who are or will be working at the center on a regularly-scheduled
basis, to determine whether any such person has been convicted of a crime, as
specified in P.L.
2000, c. 77 (N.J.S.A.
30:5B-6.10 to 6.17).
1. The sponsor or sponsor representative and each
staff member shall complete the electronic fingerprinting process through the vendor
authorized by the State to conduct CHRI background checks through the Division of
State Police in the Department of Law and Public Safety and the Federal Bureau of
Investigation.
2. The sponsor or sponsor
representative and each staff member shall provide the identifying information and
documentation to the State-authorized vendor as necessary to conduct a CHRI
background check, including the individual's name, address, date of birth, place of
birth, citizenship, sex, race, height, weight, hair color, eye color, Social
Security number, and the center's license number.
3. If a staff member refuses to consent to a CHRI
background check, the sponsor or sponsor representative shall immediately terminate
the staff member's employment at the center.
4. If the sponsor or sponsor representative
refuses to consent to a CHRI background check, the Department shall deny the
application or suspend, revoke, or refuse to renew the license or Certificate of
Life/Safety Approval, as applicable. The sponsor or sponsor representative may
appeal the denial, suspension, revocation, or refusal to renew to the Department, as
specified in N.J.A.C. 3A:52-2.5.
5. When
a person who is not required to complete a CHRI background check is working with
children at the center, the center shall ensure oversight of that person by another
staff member and ensure that the person is not left alone to supervise a child or
group of children.
(b) When
the center applies for a new license or Certificate of Life/Safety Approval, the
sponsor or sponsor representative shall ensure that each staff member at least 18
years of age who is or will be working at the center on a regularly scheduled basis
completes the CHRI fingerprinting process specified in (a) above.
1. Within two weeks after a new staff member
begins working at the center, the sponsor or sponsor representative shall ensure
that the new staff member completes the CHRI fingerprinting process specified in (a)
above.
2. Until the center receives the
results of the CHRI background check for a new staff member from the Department of
Human Services, the center shall ensure oversight of that person by another staff
member and ensure that the person is not alone to supervise a child or group of
children.
(c) An individual
shall be permanently disqualified from employment at, or ownership or sponsorship
of, a child care center if the CHRI background check for the individual reveals a
record of conviction for any of the following crimes and offenses:
1. In New Jersey, any crime or disorderly persons
offense as follows:
i. A crime against a child,
including endangering the welfare of a child and child pornography, pursuant to
2C:24-4, and child molestation, as set
forth in 2C:14-1 et seq.;
ii. Abuse, abandonment or neglect of a child,
pursuant to N.J.S.A. 9:63;
iii.
Endangering the welfare of an incompetent person, pursuant to
2C:24-7;
iv. Sexual assault, criminal sexual contact or
lewdness, pursuant to
2C:14-2 through 14-4;
v. Murder, pursuant to
2C:11-3, or manslaughter, pursuant to
2C:11-4;
vi. Stalking, pursuant to P.L. 1992, c.209
(2C:12-10);
vii. Kidnapping and related offenses including
criminal restraint, false imprisonment, interference with custody, criminal
coercion, or enticing a child into a motor vehicle, structure or isolated area,
pursuant to 2C:13-1 through 13-6;
viii. Arson, pursuant to
2C:17-1, or causing or risking
widespread injury or damage which would constitute a crime of the second degree,
pursuant to 2C:17-2;
ix. Terroristic threats, pursuant to
2C:12-3; or
x. An attempt or conspiracy to commit any of the
crimes or offenses listed in (c)1i through ix above; or
2. In any other state or jurisdiction, any conduct
which, if committed in New Jersey, would constitute any of the crimes or disorderly
persons offenses described in (c)1 above.
(d) Upon receipt of the results of the CHRI
background check from the Division of State Police and the Federal Bureau of
Investigation, the Department shall inform the sponsor or sponsor representative and
the staff member in writing as to whether any record of conviction by the sponsor,
sponsor representative, or staff member has been found.
(e) If the CHRI background check does not reveal
any record of conviction by the sponsor, sponsor representative, or a staff member,
the Department may issue or renew the regular license or Certificate of Life/Safety
Approval, provided that all other applicable requirements of this chapter have been
met.
(f) If the CHRI background check
reveals a record of conviction by the sponsor, sponsor representative, or a staff
member, the Department shall inform the convicted individual of the opportunity to
challenge the accuracy of the CHRI.
(g)
If the CHRI background check reveals a record of conviction by a staff member for a
crime or offense specified in (c) above, the sponsor or sponsor representative shall
immediately terminate the staff member's employment at the center.
(h) If the CHRI background check reveals a record
of conviction by the sponsor or sponsor representative for a crime or offense
specified in (c) above, the Department shall deny the application or revoke or
refuse to renew the license or Certificate of Life/Safety Approval, as
applicable.
(i) If the CHRI background
check reveals a record of conviction by the sponsor, sponsor representative, or a
staff member for a crime or offense other than those specified in (c) above, the
sponsor, sponsor representative, or staff member may be eligible for employment at,
or ownership, or sponsorship of, a child care center if the Department determines
that the person has affirmatively demonstrated to the Department clear and
convincing evidence of rehabilitation.
1. In
determining whether a person has affirmatively demonstrated rehabilitation, the
Department shall consider the following factors:
i. The nature and responsibility of the position
at the child care center which the convicted person would hold, has held or
currently holds, as the case may be;
ii.
The nature and seriousness of the offense;
iii. The circumstances under which the offense
occurred;
iv. The date of the
offense;
v. The age of the person when
the offense was committed;
vi. Whether
the offense was an isolated or repeated incident;
vii. Any social conditions that may have
contributed to the offense; and
viii.
Any evidence of rehabilitation, including 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 individuals who have had the
person under their supervision.
2. The Department shall make the final
determination regarding the employment of a sponsor, sponsor representative, or
staff member with a criminal conviction.
(j) If the sponsor or sponsor representative has
knowledge that criminal charges are pending against a staff member, the sponsor or
sponsor representative shall promptly notify the Office of Licensing to determine
whether any action concerning the staff member is necessary in order to ensure the
safety of the children who attend the center.
(k) A center that has received an employment
application from an individual or currently employs a staff member shall be immune
from liability for acting upon or disclosing information about the staff member's
disqualification or termination to another center seeking to employ that person, if
the center has:
1. Received notice from the
Department that the applicant or staff member, as applicable, has been determined by
the Department to be disqualified from employment in a child care center pursuant to
section 5 or 6 of P.L. 2000, c.
77 (30:5B-6.1 4 or 6.15);
or
2. Terminated the employment of a
staff member because the person was disqualified from employment at the center on
the basis of a conviction for a crime or offense pursuant to section 5 or 6 of
P.L.
2000, c. 77 (30:5B-6.1 4 or 6.15) after commencing
employment at the center.
(l)
A center which acts upon or discloses information pursuant to (k) above shall be
presumed to be acting in good faith unless it is shown by clear and convincing
evidence that the center acted with actual malice toward the person who is the
subject of the information.
