ASSEMBLY, No. 115
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman JONES
An Act concerning family day care providers and amending P.L.1977, c.102 and P.L.1987, c.27.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1977, c.102 (C.9:6-8.10a) is amended to read as follows:
1. a. All records of child abuse reports made pursuant to section 3 of P.L.1971, c.437 (C.9:6-8.10), all information obtained by the Division of Youth and Family Services in investigating such reports including reports received pursuant to section 20 of P.L.1974, c.119 (C.9:6-8.40), and all reports of findings forwarded to the central registry pursuant to section 4 of P.L.1971, c.437 (C.9:6-8.11) shall be kept confidential and may be disclosed only under the circumstances expressly authorized under subsection b. herein.
b. The division may release the records and reports referred to in subsection a., or parts thereof, to:
(1) A public or private child protective agency authorized to investigate a report of child abuse or neglect;
(2) A police or other law enforcement agency investigating a report of child abuse or neglect;
(3) A physician who has before him a child whom he reasonably suspects may be abused or neglected;
(4) A physician, a hospital director or his designate, a police officer or other person authorized to place a child in protective custody when such person has before him a child whom he reasonably suspects may be abused or neglected and requires the
information in order to determine whether to place the child in protective custody;
(5) An agency authorized to care for, treat, or supervise a child who is the subject of a child abuse report, or a parent, guardian or other person who is responsible for the child's welfare, or both, when the information is needed in connection with the provision of care, treatment, or supervision to such child or such parent, guardian or other person;
(6) A court, upon its finding that access to such records may be necessary for determination of an issue before the court, and such records may be disclosed by the court in whole or in part to the law guardian, attorney or other appropriate person upon a finding that such further disclosure is necessary for determination of an issue before the court;
(7) A grand jury upon its determination that access to such records is necessary in the conduct of its official business;
(8) Any appropriate State legislative committee acting in the course of its official functions, provided, however, that no names or other information identifying persons named in the report shall be made available to the legislative committee unless it is absolutely essential to the legislative purpose;
(9) Any person engaged in a bona fide research purpose, provided, however, that no names or other information identifying persons named in the report shall be made available to the researcher unless it is absolutely essential to the research purpose and provided further that the approval of the director of the Division of Youth and Family Services shall first have been obtained; and
(10) A person who is applying for a certificate of registration as a family day care provider pursuant to P.L.1987, c.27 (C.30:5B-16 et seq.), who is the subject of the records or reports.
Any individual, agency, court, grand jury or legislative committee which receives from the division the records and reports referred to in subsection a., shall keep such records and reports, or parts thereof, confidential.
(cf: P.L.1977, c.102, s.1)
2. Section 6 of P.L.1987, c.27 (C.30:5B-21) is amended to read as follows:
6. a. The family day care sponsoring organization shall evaluate a family day care provider prior to the issuance of a certificate of registration. The evaluation shall include at least one visit to the family day care home in addition to personal and health references, and shall be made part of the family day care
sponsoring organization's permanent records for that provider. The certificate of registration shall be renewed every three years. The family day care provider is required to pay a registration fee of $25.00 to the sponsoring organization each time a certificate is granted or renewed.
b. The family day care sponsoring organization shall provide a minimum of one preservice training or orientation session for each applicant for a certificate of registration prior to the issuance of the certificate of registration and shall provide appropriate training, consultation and technical assistance to the family day care provider after the certificate of registration has been issued.
c. The family day care sponsoring organization is authorized to monitor and evaluate each registered family day care provider at least once every two years. In addition, the sponsoring organization shall annually monitor no less than 20% of the family day care providers in its designated geographic area on a random basis to insure compliance with the standards established under this act, provide assistance and insure that corrective action is taken as needed.
d. The family day care provider registered by a family day care sponsoring organization shall post and display the certificate of registration at all times in a prominent location within the home. A certificate of registration issued pursuant to this act is not transferable.
e. The family day care sponsoring organization shall maintain in a secure and confidential manner a copy of a record, information or report issued by the division pursuant to subsection e. of section 8 of this act which the sponsoring organization receives from a person who is applying for a certificate of registration as a family day care provider. The sponsoring organization shall, if requested by the division, return the copy to the division.
(cf: P.L.1987, c.27, s.6)
3. Section 8 of P.L.1987, c.27 (C.30:5B-23) is amended to read as follows:
8. a. The division shall also establish standards for the issuance, renewal, denial, suspension and revocation of a certificate of registration which the family day care sponsoring organization shall apply. In developing the standards, the division shall consult with the Advisory Council on Child Care established pursuant to the "Child Care Center Licensing Act," P.L.1983, c.492 (C.30:5B-1 et seq.).
b. A person operating as a registered family day care provider who violates the provisions of this act by failing to adhere to the standards established by the division pursuant to this act shall be notified in writing of the violation of the provisions of this act and provided with an opportunity to comply with those provisions. For a subsequent violation, the person's certificate of registration may be revoked, or the person may be fined in an amount determined by the Commissioner of Human Services, or both.
c. The division, before denying, suspending, revoking or refusing to renew a certificate of registration, shall give notice thereof to the provider personally, or by certified or registered mail to the last known address of the family day care home with return receipt requested. The notice shall afford the provider the opportunity to be heard. The hearing shall take place within 60 days from the receipt of the notice and shall be conducted in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
d. If the certificate of registration is suspended or revoked or not renewed, the provider shall so notify the parent of each child attending the family day care home in writing within 10 days of the action.
e. The division shall not issue a certificate of registration to a person unless the division has first determined that no information exists on file with the division which would disqualify that person from being issued a certificate of registration.
(1) The division shall conduct a check of its records, upon receiving a written request for the check from a family day care sponsoring organization on behalf of a person who is applying for a certificate of registration as a family day care provider, for the purpose of ascertaining whether the applicant, or any member of the applicant's household who is 14 years of age or older, has been the subject of a child abuse report made pursuant to section 3 of P.L.1971, c.437 (C.9:6-8.10), a report received pursuant to section 20 of P.L.1974, c.119 (C.9:6-8.40), or a report of findings forwarded to the central registry in the division pursuant to section 4 of P.L.1971, c.437 (C.9:6-8.11), or whether the division has obtained any other information in investigating a child abuse report which relates to the applicant or other member of the applicant's household.
The division shall not conduct the check without the written consent of the person who is applying for a certificate of registration. If the applicant refuses to consent to the check, the family day care sponsoring organization shall immediately terminate the application process.
(2) The division shall in a confidential manner provide the applicant with a copy of any record, information or report of child abuse in its files which relates to the applicant, or to any member of the applicant's household who is 14 years of age or older, either personally or by certified or registered mail to the last known address of the applicant with return receipt requested, and shall at the same time notify the family day care sponsoring organization in writing that it has forwarded a copy of the record, information or report to the applicant. If no record, information or report exists in its files, the division shall notify the applicant and the family day care sponsoring organization in writing to that effect.
(3) An applicant who receives from the division a copy of a record, information or report of child abuse pursuant to this subsection shall contact the family day care sponsoring organization no later than 10 days after the date that the copy is issued to the applicant and shall make a copy of the record, information or report available to the sponsoring organization. If the applicant fails to do so, the sponsoring organization shall immediately terminate the application process.
(4) A family day care sponsoring organization shall review the copy provided by the applicant and shall, after allowing the applicant to present evidence of mitigating circumstances surrounding an act of child abuse or evidence of affirmative rehabilitation by the applicant or other member of the applicant's household, recommend to the division that a certificate of registration be issued or denied to the applicant. In determining whether mitigating circumstances exist or whether an applicant or other member of the applicant's household has demonstrated affirmative rehabilitation, the sponsoring organization shall consider: the nature and seriousness of the act; the circumstances under which it occurred; the date of the act; the age of the applicant or other member of the applicant's household when the act was committed; whether the act was an isolated or repeated incident; any social conditions which may have contributed to the act; and any evidence of rehabilitation, including good conduct, counseling or psychiatric treatment received, educational and vocational records, and the recommendation of other persons.
(5) The division shall issue or deny a certificate of registration to the applicant in accordance with the standards established pursuant to subsection a. of this section, taking into consideration the recommendation of the family day care sponsoring organization made pursuant to this subsection.
(cf: P.L.1987, c.27, s.8)
4. This act shall take effect immediately.
STATEMENT
This bill amends the current State law concerning the confidentiality of records and reports about child abuse and neglect maintained by the Division of Youth and Family Services (DYFS) in the Department of Human Services. The bill would permit the sharing of those records and reports with a person who is applying for a certificate of registration as a family day provider from DYFS pursuant to the "Family Day Care Provider Registration Act," P.L.1987, c.27 (C.30:5B-16 et seq.), who is the subject of the records or reports.
The bill provides that for the purpose of determining the qualifications of a person who is applying to become a registered family day care provider, DYFS shall conduct a check of its files, upon the written request of a family day care sponsoring organization, to ascertain whether it has any record of a child abuse report made pursuant to section 3 of P.L.1971, c.437 (C.9:6-8.10), any information obtained by DYFS in investigating a child abuse report including a report received pursuant to section 20 of P.L.1974, c.119 (C.9:6-8.40), and any report of findings forwarded to the central registry in DYFS pursuant to section 4 of P.L.1971, c.437 (C.9:6-8.11), which relates to the applicant or any member of the applicant's household who is 14 years age or older. The applicant must consent in writing to the DYFS records check; however, a refusal to do so will result in immediate termination of the application process.
In addition, the bill provides that DYFS shall in a confidential manner provide the applicant with a copy of any such record, information or report in its files and shall notify the family day care sponsoring organization in writing that it has forwarded a copy of the record, information or report to the applicant. If no record, information or report exists in its files, DYFS shall notify the applicant and the sponsoring organization in writing to that effect.
An applicant who receives from DYFS a copy of such record, information or report of child abuse shall contact the family day care sponsoring organization no later than 10 days after the date that the copy is issued and shall make a copy available to the sponsoring organization. Failure to do so shall result in immediate
termination of the application process.
A family day care sponsoring organization shall review the copy provided by the applicant and shall, after allowing the applicant to present evidence of mitigating circumstances or evidence of affirmative rehabilitation, recommend to DYFS that a certificate of registration be issued or denied to the applicant. DYFS shall take into consideration this recommendation in its decision to issue or deny a certificate.
Requires DYFS to investigate persons applying to be registered family day care providers.