New Jersey Administrative Code
Title 3A - CHILDREN AND FAMILIES
Chapter 54 - MANUAL OF REQUIREMENTS FOR FAMILY CHILD CARE REGISTRATION
Subchapter 5 - PROVIDER REGISTRATION AND OPERATION PROCEDURES
Section 3A:54-5.3 - Child Abuse Record Information background check procedures

Universal Citation: NJ Admin Code 3A:54-5.3

Current through Register Vol. 56, No. 18, September 16, 2024

(a) Prior to the issuance or renewal of a Certificate of Registration, the applicant or provider shall obtain written consent from the applicant or provider, substitute provider, provider assistant and alternate provider, if any, all members of the applicant's or provider's household who are at least 14 years of age, and any other persons who are or will be working at the home on a regular basis, for the Department to conduct a Child Abuse Record Information (CARI) background check to determine whether an incident of child abuse or neglect has been substantiated against any such person.

1. Each person specified in (a) above shall complete a signed consent form provided by the Department that indicates the identifying information necessary to conduct a CARI background check, including the person's name, address, date of birth, sex, race, and Social Security number. Pursuant to the Federal Privacy Act of 1974 ( P.L. 93-579), the Department will advise each such person that the disclosure of his or her Social Security number is voluntary, and that the Social Security number will only be used for the purpose of conducting a CARI background check.

2. The applicant or provider shall submit to the sponsoring organization the consent forms specified in (a)1 above for all persons specified in (a) above.

3. The provider shall inform the sponsoring organization of any additional persons at least 14 years of age who begin living or working in the home during the three-year registration period, and expect to remain in the home longer than 15 consecutive days, or on a frequent intermittent basis. The provider shall submit to the sponsoring organization a signed consent form as specified in (a)1 above for each such person.

(b) If any person specified in (a) above refuses to consent to a CARI background check, the sponsoring organization shall deny the application or suspend, revoke or refuse to renew the Certificate of Registration, as applicable, in keeping with P.L. 1993, c. 350. The applicant or provider may choose to remove or replace the person who refuses to consent to a CARI background check, if other than the applicant or provider, before the denial, suspension, revocation or nonrenewal takes effect. If the applicant or provider removes or replaces such person, and submits a signed statement attesting to the person's removal, the sponsoring organization shall continue the registration process.

(c) The sponsoring organization shall submit the completed consent forms specified in (a)1 above to the Department upon receipt of the forms from the applicant or provider. The Department will conduct a search of its records for child abuse and neglect incidents for which the perpetrator was afforded an opportunity to appeal the substantiation. Within 30 working days of receipt of the completed forms from the sponsoring organization, the Department will inform the sponsoring organization in writing as to whether a substantiated incident of child abuse or neglect by any person specified in (a) above has been found. If such an incident has been found, the Department will inform the sponsoring organization in writing of the name of the perpetrator.

(d) If the CARI background check reveals no substantiated incident of child abuse or neglect involving a person specified in (a) above, the sponsoring organization may issue or renew the Certificate of Registration, provided that all other applicable requirements of N.J.A.C. 3A:54, this chapter, have been met.

(e) If the CARI background check reveals that an incident of child abuse or neglect has been substantiated against a person specified in (a) above, the sponsoring organization shall deny the application or suspend, revoke or refuse to renew the Certificate of Registration, as applicable, in accordance with P.L. 1993, c.350.

1. The sponsoring organization shall notify the applicant or provider in writing that the denial, suspension, revocation or nonrenewal is based on the results of a CARI background check.

2. The sponsoring organization shall disclose to the applicant or provider the name of the perpetrator, but shall not disclose any other information concerning the incident.

3. The applicant or provider may choose to remove or replace the perpetrator, if other than the applicant or provider, before the denial, suspension, revocation or nonrenewal takes effect. If the applicant or provider removes or replaces such a perpetrator, the sponsoring organization shall continue the registration process.

4. The sponsoring organization and the applicant or provider shall keep confidential and shall not disclose to any other person the identity of the perpetrator and all other information concerning the incident, in accordance with the confidentiality provisions of the State Child Abuse and Neglect Law, N.J.S.A. 9:6-8.1 0a.

(f) The sponsoring organization shall inform the applicant or provider in writing that he or she may appeal the denial, suspension, revocation or nonrenewal to the Office of Licensing, as specified in 3A:54-5.8.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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