ASSEMBLY COMMITTEE SUBSTITUTE FOR
ASSEMBLY, No. 1243
STATE OF NEW JERSEY
ADOPTED JANUARY 23, 1997
Sponsored by Assemblyman AZZOLINA and Assemblywoman CRECCO
An Act requiring child abuse record information checks for staff members of child care centers and supplementing Title 30 of the Revised Statutes.
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.
"Division" means the Division of Youth and Family Services in the Department of Human Services.
"Staff member" means any owner, sponsor, director or person employed by or working at a child care center on a regularly scheduled basis during the center's operating hours, including full-time, part-time, voluntary, contract, consulting, and substitute staff, whether compensated or not.
"Child care center" or "Center" means any facility which is maintained for the care, development or supervision of six or more children under 13 years of age who attend the facility for less than 24 hours a day, and which is subject to State licensure or life-safety approval, pursuant to the provisions of the "Child Care Licensing Act," P.L. 1983, c.492 (C.30:5B-1 to 30:5B-15) .
2. a. As a condition of securing a new or renewal license or approval, the division shall conduct a check of the division's child abuse records to determine if an incident of child abuse or neglect has been substantiated pursuant to section 4 of P.L. 1971, c.437 (C.9:6-8.11), against any staff member of a child care center.
b. The division shall not issue a regular license or approval to a center until the division determines that no staff member employed by or working at the center has a record of substantiated child abuse or neglect.
c. The division shall deny, revoke or refuse to renew the center's license or approval, as appropriate, if the division determines that an incident of child abuse or neglect by an owner or sponsor of a center has been substantiated.
3. a. The staff member shall provide prior written consent for the division to conduct a check of its child abuse records.
b. If the owner or sponsor of the center refuses to consent to, or cooperate in, the securing of a division child abuse record information check, the division shall suspend, deny, revoke or refuse to renew the center's license or approval, as appropriate.
c. If a staff member of a center, other than the owner or sponsor, refuses to consent to, or cooperate in, the securing of a division child abuse record information check, the person shall be immediately terminated from employment at the center.
4. a. Within two weeks after a new staff member's employment, the owner or sponsor of a center shall notify the division to conduct a check of its child abuse records to determine if an incident of child abuse or neglect has been substantiated against the staff member.
b. Until the results of the child abuse record information check on a new staff member have been received by the center owner or sponsor, the staff member shall not be left alone at the center caring for children.
c. If the division determines that an incident of child abuse or neglect by the staff member has been substantiated, the division shall advise the center owner or sponsor of the results of the child abuse record information check and the center shall immediately terminate the person from employment at the center.
5. The division shall complete the child abuse record information check within 45 days after receiving the request for the check.
6. The division shall consider, for the purposes of this act, any incidents of child abuse or neglect that were substantiated on or after June 29, 1995, to ensure that perpetrators have had an opportunity to appeal a substantiated finding of abuse or neglect; except that the division may consider substantiated incidents prior to that date if the division, in its judgment, determines that the individual poses a risk of harm to children in a child care center. In cases involving incidents substantiated prior to June 29, 1995, the division shall offer the individual an opportunity for a hearing to contest its action restricting the individual from employment in a child care center.
7. 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. Procedures for centers to follow in submitting requests for child abuse record information checks on staff members;
b. Implementation of an appeals process to be used in the case of a suspension, denial, revocation, or refusal to renew a license or approval based on a finding of substantiated child abuse or neglect; and
c. Establishment of procedures for conducting a child abuse record information check and providing the center with the results of the check.
8. 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 child abuse record information checks in screening staff members and sponsors of child care centers. The Commissioner shall include in the report recommendations for modifying the provisions of this act which he believes to be necessary and appropriate.
9. a. Notwithstanding the provisions of P.L.1985, c.69 (C.53:1-20.6), a staff member subject to this act shall be charged a fee established by the Department not to exceed $10.00 to help defray the cost to the State of the division's child abuse record information check. The center may use its own discretion in offering to pay or reimburse the staff member for the cost of the child abuse record information check.
b. The money collected by the division for child abuse record information checks shall be deposited in a special fund and shall constitute dedicated revenues to be used as necessary by the division to effectuate the purpose of this act.
10. This act shall take effect on the 180th day after enactment.
Requires DYFS child abuse record information checks on employees of licensed or life-safety approved child care centers.