ASSEMBLY, No. 1243

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman AZZOLINA and Assemblywoman CRECCO

An Act requiring criminal history record background checks for certain child care employees and operators, supplementing Titles 30 and 53 of the Revised Statutes and making an appropriation.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. As used in this act:

    "Department" means the Department of Human Services.

    "Employee" means an individual 18 years of age or older who is employed at a facility for children and works at the facility for the equivalent of at least one seven hour day per week. Employee includes, but is not limited to, the facility's director or principal administrator, teaching, social service, child care, dietary, clerical and maintenance staff, and the driver of a motor vehicle used to transport children to and from the facility.

    "Facility for children" means a facility or program providing for the care or supervision of children for 20 hours or more a week, including but not limited to, a residential facility, child care center licensed pursuant to P.L.1983, c.492 (C.30:5B-1 et seq.), or a facility or program operated by the Department of Human Services that provides care or supervision of children, but not including:

    a. A program operated by:

    (1) a public school district or a private school which is run solely for educational purposes;

    (2) any kindergarten or prekindergarten which is an integral part of any elementary educational institution or system; or

    (3) a child care center which is an integral part of a private educational institution or system offering elementary education in grades kindergarten through sixth; and

    b. A center or special class operated primarily for religious instruction or for the temporary care of children while persons responsible for the children are attending religious services; or

    c. A State institution or facility for the mentally ill or the

developmentally disabled pursuant to P.L.1988, c.45 (C.30:4-3.4 et seq.).

    "Operator" means a person who sponsors, owns, or operates a facility for children which is subject to the provisions of this act.

    2. a. A facility shall require, and the Department of Human Services shall ensure, that the principal administrator of the facility requests the State Bureau of Identification in the Division of State Police in the Department of Law and Public Safety to conduct a criminal history record background check of each prospective employee, including a name and fingerprint identification check, to ascertain whether the person has a record of criminal history, for which check the person shall provide prior written consent. The facility shall supply to the bureau the information necessary to conduct the check, including the name and fingerprints of the person.

    b. If the principal administrator of a facility does not provide the bureau with the information necessary to conduct the criminal history record background checks on the facility's employees, the department may deny, suspend, revoke, or refuse to renew the facility's license, certification, approval or contract, as the case may be.

    c. If a prospective employee of a facility refuses to consent to, or cooperate in, the securing of a criminal history record background check, the person shall not be considered for employment at the facility.

    3. The department shall act as a clearinghouse for the collection and the dissemination of information obtained as a result of conducting the criminal history record background check conducted pursuant to section 9 of this act. The department shall advise the principal administrator or personnel administrator of the facility, as appropriate, of the information received from the bureau concerning a prospective employee of the facility.

    4. a. The principal administrator of the facility shall initiate a criminal history record background check on a prospective employee before the person begins employment at the facility, whenever possible, and if it is not reasonably possible to do so, immediately after the person begins employment, to determine if the person is fit to be an employee at the facility.

    b. If the information from the criminal history record background check pursuant to section 9 of this act discloses that a prospective employee of the facility has a record of criminal history, the principal administrator or personnel administrator of the facility shall review the information with respect to the type and date of the criminal offense to determine if the person is fit to serve as an employee of the facility. Criminal offenses that may render a person unfit to serve as an employee of a facility include, but are not limited to, crimes of violence, sexual offenses or offenses involving the abuse, neglect or exploitation of a child. Prior to making the determination, the principal administrator of the facility shall advise the person that the criminal history records have been received and shall give the person the opportunity to review the records, to offer an explanation concerning the information contained therein and to submit additional pertinent information. The facility shall not employ a person who is not fit to serve as an employee of a facility according to the guidelines established by the department pursuant to section 6 of this act.

    5. a. As a condition of the department's licensure, certification, approval or contracting with a facility after the effective date of this act, the department shall require that a criminal history record background check be conducted on the person who applies to become an operator of the facility prior to that person assuming the position of operator of the facility.

    b. If the information from the criminal history record background check, conducted pursuant to section 9 of this act, discloses that a prospective operator of a facility has a record of criminal history, the department shall review the information with respect to type and date of the criminal offense to determine if the person is fit to serve as an operator of the facility. Criminal offenses that may render a person unfit to serve as an operator include, but are not limited to, crimes of violence, sexual offenses or offenses involving the abuse, neglect or exploitation of a child. Prior to making its determination, the department shall advise the person that the criminal history records have been received and shall give the person the opportunity to review the records, to offer an explanation concerning the information contained therein, and to submit additional pertinent information. The department shall not license, certify, approve or contract with a person who is not fit to serve as operator of the facility, according to the guidelines established pursuant to section 6 of this act.

    6. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the department shall adopt rules and regulations necessary to implement the provisions of this act, including but not limited to:

    a. Guidelines for determining whether a person is fit to serve as an employee or operator of a facility;

    b. Procedures requiring the facility to make documented, good faith efforts to contact previous employers to obtain information and recommendations concerning the person's fitness for employment in a facility;

    c. Procedures requiring the conduct of a nonemployment background check by the facility on a person covering such items as education, organizational affiliations and other activities;

    d. Procedures for hearing contested cases when a person is found unfit to serve as an employee or operator of a facility; and

    e. Guidelines, to be developed after consultation with the Attorney General, concerning access to information obtained as a result of conducting a criminal history record background check pursuant to section 9 of this act, setting out the procedures for transmitting this information and defining who may obtain the information.

    7. The Commissioner of Human Services shall report to the Governor and the Legislature no later than three years from the effective date of this act on the effectiveness of the criminal history record background checks in screening prospective employees and operators of facilities. The commissioner shall include in the report recommendations for modifying the provisions of this act which he believes to be necessary and appropriate.

    8. The prospective employee or operator shall assume the cost of all criminal history record background checks conducted pursuant to this act.

    9. The Division of State Police in the Department of Law and Public Safety shall conduct a criminal history record background check which includes a name and fingerprint identification check of each prospective employee and operator of a facility to ascertain whether or not the person has a criminal history. The division shall conduct the background check only upon receipt of the person's written consent to conduct the background check.

    The bureau shall, for the purposes of conducting the criminal history record background check, examine its own files and arrange for a similar examination by the Federal Bureau of Investigation, and shall forward the information obtained as a result of conducting the check to the Department of Human Services.

    10. There is appropriated $90,000 from the General Fund to effectuate the purposes of this act.

    11. This act shall take effect on the 60th day after enactment.

STATEMENT

    This bill requires only prospective employees and operators of a facility providing for the care and supervision of children to submit to a State and federal criminal history record background check, to determine whether that person would be fit to serve as an employee or operator of the facility. Prospective employees or operators would assume the cost of the background check.

    If a person is deemed unfit to serve as an employee or operator, the facility would not be able to employ that person or, in the case of an operator, the department would not be able to license or contract with the operator. Any employee or operator who refuses to cooperate would be removed from the position and that employment would be terminated.

    The bill also appropriates $90,000 to the Department of Human Services for any costs incurred by the department in implementing this program.

Requires criminal history background checks on certain child care workers; appropriates $90,000.