Licensing Standards for DayCare Centers

Section 10:122-4.9
Child Abuse Record Information Background Check Procedures

(a) As a condition of securing a new or renewalx "renewal of license" license or Certificate of Life/Safety Approval, the sponsor shall provide for himself or herself, and shall obtain from all staff membersx "staff members:CARI checks" who are or will be working at the center for at least 20 percent of the center's weekly operating hours, written consent for the Divisionx "Division of Youth and Family Services:child abuse background checks" to conduct a Child Abuse Record Informationx "Child Abuse Record Information" \t "See CARI" (CARIx "CARI (Child Abuse Record Information)") background check to determine whether an incident of child abusex "child abuse background check" \t "See CARI" and/or neglect has been substantiated against any such person.

1. The sponsorx "sponsor:CARI check" and each staff member shall complete a signed consent form provided by the Division that indicates the identifying information necessary to conduct a CARIx "CARI (Child Abuse Record Information)" background check, including the person's name, address, date of birth, sex, race, and Social Security numberx "Social Security number". Pursuant to the Federal Privacy Act of 1974 (P.L. 93-579), the Divisionx "Division of Youth and Family Services:child abuse background checks" 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. If a staff member refuses to consent to a CARIx "CARI (Child Abuse Record Information):refusal to consent" background check, the sponsor shall immediately terminatex "employment termination" the staff member's employment at the center.

3. If the sponsor refuses to consent to a CARI background check, the Division shall deny the applicationx "application:denial" or suspendx"license:suspension", revokex "license:revocation" or refuse to renew the licensex "license:non-renewal" or Certificate of Life/Safety Approvalx "Certificate of Life/Safety Approval:removal", as applicable. The sponsor may appealx "appeal rights" \t "See administrative hearing" the denial, suspension, revocation or refusal to renew to the Division, as specified in N.J.A.C. 10:122-2.5.

1. Within two weeks after a new staff member begins working at the center, the sponsor shall submit to the Division a completed CARIx "CARI (Child Abuse Record Information)" consent form for the new staff member.

2. Until the results of the CARI background check for a new staff member have been received from the Division, the center shall ensure that a current staff member is present whenever the new staff member is caring for children at the center.

(d) Upon receipt of the completed CARIx "CARI (Child Abuse Record Information)" consent forms and payment from the center, the Division will conduct a search of its records for substantiated incidents of child abuse and/or neglect. The Division will consider incidents of child abuse and/or neglect that were substantiated on or after June 29, 1995, to ensure that the perpetrator has had an opportunity to appeal a substantiated finding of child abuse and/or neglect; except that the Division may consider substantiated incidents prior to that date if the Division, in its judgment, determines that the perpetrator poses a risk of harm to children in a child care center.

(e) Within 45 working days of receipt of the completed CARIx "CARI (Child Abuse Record Information)" consent forms and payment from the center, the Division will inform the sponsor in writing as to whether a substantiated incident of child abusex "child abuse/neglect" and/or neglect by the sponsor or a staff member has been found. If such an incident has been found, the Division will inform the sponsor in writing of the name of the perpetrator.

(f) If the CARIx "CARI (Child Abuse Record Information)" background check does not reveal any substantiated incident of child abusex "child abuse/neglect" and/or neglect by the sponsor or a staff member, the Divisionx "Division of Youth and Family Services:child abuse background checks" may issue or renew the regular license or Certificate of Life/Safety Approval, provided that all other applicable requirements of this chapter have been met.

(g) If the CARIx CARI (Child Abuse Record Information)" background check reveals that an incident of child abusex "child abuse/neglect" and/or neglect has been substantiated against a staff memberx "staff members:child abuse/neglect:substantiation", the sponsor shall immediately terminatex "employment termination" the staff member's employment at the center.

1. The sponsor shall notify the staff member in writing that the termination of employment is based on a substantiated incident of child abusex "child abuse/neglect" and/or neglect.

2. If the incident was substantiated prior to June 29, 1995, the sponsor shall notify the staff member in writing that the staff member may appeal the termination of employment to the Division.

(i) In keeping with the confidentialityx"confidentiality" provisions of the State Child Abuse and Neglect Law, N.J.S.A. 9:6-8.10a, the sponsor and all staff members shall keep all completed CARIx "CARI (Child Abuse Record Information):confidentiality of records" consent forms and related correspondence confidential.

1. The center shall maintain the results of the CARI background checks and related correspondence on file in a confidentialx "confidentiality" manner.

2. When a substantiated incident of child abusex "child abuse/neglect:confidentiality of records" and/or neglect by the sponsor or a staff member has been found by the Division, the sponsor and the staff member shall not disclose to any other person the identity of the perpetrator or any other information concerning the incident.

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