Current through Register Vol. 56, No. 18, September 16, 2024
(a) As a condition of
securing and maintaining a certificate, the shelter facility or shelter home shall
ensure that a State and Federal Criminal History Record Information (CHRI)
fingerprint background check, in keeping with
P.L.
2003, c. 186, is completed
for each shelter facility director, staff member, shelter home coordinator, shelter
home parent, and shelter home household member at least 18 years of age.
(b) If the facility director, shelter home
coordinator, shelter home parent, or shelter home household member refuses to
consent to or cooperate in a CHRI background check, the Office shall deny, suspend,
revoke, or refuse to renew the certificate, as applicable.
1. The shelter facility or shelter home may appeal
the denial, suspension, revocation, or refusal to renew, pursuant to
N.J.A.C.
3A:53-1.6.
2. The shelter home parent may choose to remove
the household member so refusing from the shelter home before the action against the
certificate takes effect.
(c)
If a staff member refuses to consent to or cooperate in a CHRI background check, the
shelter facility or shelter home shall immediately terminate the staff member's
employment at the shelter facility or shelter home.
(d) If any person specified in (a) above has a
record of criminal conviction, the Department of Children and Families shall review
the record with respect to the type and date of the criminal offense and make a
determination as to the suitability of the person to receive a certificate or to
administer, work at, or reside in the shelter facility or shelter home, as
applicable.
(e) A person shall be
disqualified from receiving a certificate, administering, working at, or residing in
a shelter facility or shelter home if that person ever committed a crime which
resulted in a conviction for:
1. A crime against a
child, including endangering the welfare of a child and child pornography pursuant
to
N.J.S.A.
2C:24-4, or child molestation, as set forth in
N.J.S.A. 2C:14-1 et
seq.;
2. Abuse, abandonment or neglect
of a child pursuant to
N.J.S.A.
9:6-3;
3. Endangering the welfare of an incompetent
person pursuant to
N.J.S.A. 2C:24-7;
4. Sexual assault, criminal sexual contact or
lewdness pursuant to
N.J.S.A. 2C:14-2
through
2C:14-4;
5. Murder pursuant to
N.J.S.A. 2C:11-3 or
manslaughter pursuant to
N.J.S.A.
2C:11-4;
6. Stalking pursuant to section 1 of P.L. 1992,
c.209 (N.J.S.A.
2C:12-10);
7. 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
N.J.S.A. 2C:13-1 through
2C:13-5 and section
1 of P.L. 1993, c.291 (N.J.S.A. 2C-13.6);
8. Arson pursuant to
N.J.S.A.
2C:17-1, or causing or risking widespread injury
or damage, which would constitute a crime of the second degree pursuant to
N.J.S.A.
2C:17-2;
9. Aggravated assault, which would constitute a
crime of the second or third degree pursuant to subsection b of
N.J.S.A. 2C:12-1;
10. Robbery, which would constitute a crime of the
first degree pursuant to
N.J.S.A. 2C:15-1;
11. Burglary, which would constitute a crime of
the second degree pursuant to
N.J.S.A. 2C:18-2;
12. Domestic violence pursuant to P.L. 1991, c.261
(N.J.S.A. 2C:25-17 et
seq.);
13. Terroristic threats pursuant
to
N.J.S.A.
2C:12-3;
14. An attempt or conspiracy to commit any of the
crimes or offenses listed in (e)1 through 13 above; or
15. In any other state or jurisdiction, conduct
which, if committed in New Jersey, would constitute any of the crimes or offenses
described in (e)1 through 14 above.
(f) As an exception to (e) above, the Department
may approve the employment at or administration of a shelter facility or service at
a shelter home by an individual convicted of a crime specified in (e) above if all
of the following conditions are met:
1. The
Department determines that the crime does not relate adversely to the position the
individual is employed in, pursuant to the provisions of P.L. 1968, c.282,
N.J.S.A.
2A:168A-1 et seq.;
2. The conviction is not related to a crime
committed against a child, as specified in (e) above;
3. The shelter facility or shelter home documents
that the individual's employment or administration of the shelter facility or
shelter home does not create a risk to the safety or well-being of children due to
the nature and requirements of the position. As necessary, the shelter facility or
shelter home shall identify restrictions regarding the individual's contact with,
care or supervision of children;
4. The
shelter facility or shelter home documents that the individual is uniquely qualified
for the position due to specific skills, qualifications, characteristics, or prior
employment experiences; and
5. The
Department determines that the individual has affirmatively demonstrated
rehabilitation, pursuant to the factors specified in (g) below.
(g) For crimes and offenses other than those cited
in (e) above, an individual may be eligible to receive a certificate or to
administer, work at, or reside in a shelter facility or shelter home if the
individual has affirmatively demonstrated to the Department clear and convincing
evidence of rehabilitation.
1. In determining
whether an individual has affirmatively demonstrated rehabilitation, the following
factors shall be considered:
i. The nature and
responsibility of the position at the shelter facility or shelter home that the
convicted individual 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 individual 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
who have had the individual under their supervision.
2. Upon receipt of documentation submitted by the
shelter home or shelter facility, indicating why the individual at issue should not
be precluded from administering, working, or residing at the shelter home or shelter
facility, the Department, after assessing the facts on a case-by-case basis, shall
make the final determination regarding the individual's rehabilitation, in keeping
with the provisions of the State Rehabilitated Convicted Offenders Act,
N.J.S.A.
2A:168A-1 et seq.
3. The Department shall make the final
determination regarding the suitability of a shelter facility director or shelter
home coordinator with a criminal conviction other than those cited in (e)
above.
4. For a current or prospective
staff member, shelter home parent, or shelter home household member with a criminal
conviction other than those cited in (e) above, the director of the shelter home or
shelter facility or its board of directors shall make a determination regarding the
individual's suitability upon the Department's determination that the individual has
affirmatively demonstrated rehabilitation.
(h) If the facility director or shelter home
coordinator has knowledge that any individual specified in (a) above has criminal
charges pending against the individual, the facility director or shelter home
coordinator shall promptly notify the Department to determine whether or not any
action concerning the individual is necessary in order to ensure the safety of the
children who are placed in the shelter facility or shelter home.
(i) If the Department is notified that any
individual specified in (a) above is convicted of a crime or offense after the CHRI
has been completed, the Department shall make a determination whether to suspend or
revoke the certificate or require the shelter facility or shelter home to terminate
the individual's employment or service, as applicable.
(j) Upon completion of the CHRI for an individual,
the Department shall notify the individual, and the shelter facility or shelter home
as applicable, in writing, of the individual's qualification or disqualification for
employment or service under
sections
4 or
5 of
P.L.
2003, c. 186,
N.J.S.A.
30:4C-27.19 or
30:4C-27.20.
1. If the individual is disqualified, the
convictions that constitute the basis for the disqualification shall be identified
in the written notice to the individual.
2. The individual shall have 14 days from the date
of the written notice of disqualification to challenge the accuracy of the
CHRI.
3. If no challenge is filed or if
the determination of the accuracy of the CHRI upholds the disqualification, the
Department shall notify the shelter facility or shelter home that the individual has
been disqualified from employment or service.
4. The shelter facility or shelter home shall
immediately terminate the disqualified individual's employment or service at the
shelter facility or shelter home.
5. If
the disqualified individual is a facility director, shelter home coordinator,
shelter home parent, or shelter home household member, the Office shall deny,
suspend, revoke, or refuse to renew the certificate, as applicable.
6. The shelter home parent may choose to remove
the disqualified household member from the shelter home before the action against
the certificate takes effect.
(k) A shelter facility or shelter home that has
received an employment application from an individual, or currently employs an
individual, shall be immune from liability for acting upon or disclosing information
about the disqualification or termination of that individual to another shelter
facility or shelter home seeking to employ that individual, if the shelter facility
or shelter home has:
1. Received notice from the
Department or the agency's board of directors, as applicable, that the individual
has been determined by the Department or the board of directors to be disqualified
from employment or service at a shelter facility or shelter home pursuant to P.L.
1968, c.282,
N.J.S.A.
2A:168A-1 et seq.; or
2. Terminated the employment of a staff member
because the individual was disqualified from employment or service at the shelter
facility or shelter home on the basis of a conviction of a crime pursuant to P.L.
1968, c.282,
N.J.S.A.
2A:168A-1 et seq., after commencing employment or
service at the shelter facility or shelter home.
(l) A shelter facility or shelter home that 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 shelter
facility or shelter home acted with actual malice toward the individual who is the
subject of the information.
