A3386 —

2017, c.213c.0213 (A3386 2R) §5CHAPTER -213 C.9:6-8.10f  §6An -Act Noteconcerning  individuals P.L.2017,with CHAPTERdevelopmental 213,disabilities, approvedamending AugustP.L.2010, 7,c.5, 2017and Assembly,supplementing No.Chapter 6 of Title 9 of the Revised Statutes.

3386 (Second Reprint)     An Act concerning individuals with developmental disabilities, amending P.L.2010, c.5, and supplementing Chapter 6 of Title 9 of the Revised Statutes.

       1.    Section 1 of P.L.2010, c.5 (C.30:6D-73) is amended to read as follows: follows:      1.    The Legislature finds and declares that:

  C.30:6D-73  Findings, declarations relative to individuals with developmental disabilities.

     1.    The Legislature finds and declares that:

     b.    The safety of individuals with developmental disabilities receiving care from State-operated facilities or programs, from those facilities or programs licensed, contracted, or regulated by the [Department]Department Departments of Human Services[,]Services or Children and Families, or from State-funded community-based services shall be of paramount concern;

     c.     It is the intent of this legislation to assure that the lives of innocent individuals with developmental disabilities are immediately safeguarded from further injury and possible death and that the legal rights of such [persons] individuals are fully protected;

(cf:       2.    Section 2 of P.L.2010, c.5 (C.30:6D-74) is amended to read as follows:

P.L.2010, c.5, s.1)       C.30:6D-74  2.   Definitions Sectionrelative 2 of P.L.2010, c.5 (C:30:6D-74) is amended to readindividuals aswith follows:developmental disabilities.

except that "caregiver" shall not include an immediate family member of [a person] an individual with a developmental disability.

(cf:       3.    Section 4 of P.L.2010, c.5 (C.30:6D-76) is amended to read as follows:

P.L.2010, c.5, s.2)       C.30:6D-76  3.   Actions Sectionby 4department ofafter P.L.2010,receiving c.5reports. (C.30:6D-76) is amended to read as follows:

     4.   4. a.  Upon receipt of a report pursuant to section [of this act] of P.L.2010, c.5 (C.30:6D-75), the department shall designate an entity, as established by the commissioner, that shall immediately take such action as shall be necessary to ensure the safety of the individual 18 years of age or older with a developmental disability and to that end may request appropriate assistance from local and State law enforcement officials or contact Adult Protective Services to provide assistance in accordance with the provisions of P.L.1993, c.249 (C.52:27D-406 et seq.).

    a. b.    The commissioner shall adopt rules and regulations necessary to provide for an investigation of a reported incident and subsequent substantiation or non-substantiation of an allegation of abuse, neglect, or exploitation of an individual 18 years of age or older with a developmental disability by a caregiver, by maintaining [a Special Response Unit] an Office of Investigation to investigate serious unusual incidents, as defined by applicable rules and regulations, in facilities or community programs licensed, contracted, or regulated by the department.

DuringUpon itsreceipt investigation of ana allegationreport pursuant to section 3 of abuse,P.L.2010, neglect,c.5 or(C.30:6D-75), exploitationthe ofdepartment shall designate an individualentity, 18as yearsestablished ofby agethe orcommissioner, olderthat withshall aimmediately developmentaltake disabilitysuch byaction aas caregiver,shall be necessary to ensure the [Specialsafety Responseof Unit]the Officeindividual 18 years of Investigationage shallor makeolder with a gooddevelopmental faithdisability effortand to notifythat theend caregivermay ofrequest theappropriate possibilityassistance offrom thelocal caregiver'sand inclusionState onlaw theenforcement registry,officials andor givecontact theAdult caregiverProtective anServices opportunity to respondprovide toassistance thein departmentaccordance concerningwith the allegation.provisions of P.L.1993, c.249 (C.52:27D-406 et seq.).

     c.    b.    The [Specialcommissioner Responseshall Unit]adopt Officerules ofand Investigation,regulations thenecessary department, or other investigating entity shall forward to theprovide commissioner,for oran theinvestigation commissioner'sof designee, a substantiatedreported incident ofand abuse,subsequent neglect,substantiation or exploitationnon-substantiation of an individualallegation 18 years of age or older with a developmental disability for inclusion of an offending caregiver on the central registry.  The [Special Response Unit] Office of Investigation, the department, or other investigating entity shall also forward to the commissioner, or the commissioner's designee, all unsubstantiated incidents of abuse, neglect, or exploitation of an individual 18 years of age or older with a developmental disability. disability 2[Whenby the investigation involves an individual between the ages of 18 and 21 with a developmentalcaregiver, disabilityby whomaintaining is receiving services from the Children's System of Care, the  department, the Office of Investigation, the Institutional Abuse Investigation Unit in the Department of Children and Families, or other investigating entity shall concurrently notify the Director of the Children's System of Care, or the director's designee, of the referral for inclusion of an offending caregiver on the central registry.  The department, the Office of Investigation, the Institutional Abuse  Investigation Unit, or other investigating entity shall also forward to theinvestigate director,serious orunusual theincidents, director'sas designee,defined allby unsubstantiatedapplicable incidentsrules of abuse, neglect, or exploitation of an individual between the ages of 18 and 21regulations, within afacilities developmentalor disability.]2 community Asprograms soonlicensed, ascontracted, possible, and no later than 14 days after receipt of the incident of abuse, neglect, or exploitation,regulated theby commissioner or the commissioner'sdepartment. designee shall review the incident.  The offending caregiver of a substantiated incident shall be included on the central registry as expeditiously as possible.  The [Special Response Unit] Office of Investigation shall retain a record of all unsubstantiated incidents.

During its investigation of an allegation of abuse, neglect, or exploitation of an individual 18 years of age or older with a developmental disability by a caregiver, the Office of Investigation shall make a good faith effort to notify the caregiver of the possibility of the caregiver's inclusion on the registry, and give the caregiver an opportunity to respond to the department concerning the allegation.

     c.     The Office of Investigation, the department, or other investigating entity shall forward to the commissioner, or the commissioner's designee, a substantiated incident of abuse, neglect, or exploitation of an individual 18 years of age or older with a developmental disability for inclusion of an offending caregiver on the central registry.  The Office of Investigation, the department, or other investigating entity shall also forward to the commissioner, or the commissioner's designee, all unsubstantiated incidents of abuse, neglect, or exploitation of an individual years of age or older with a developmental disability.  As soon as possible, and no later than 14 days after receipt of the incident of abuse, neglect, or exploitation, the commissioner or the commissioner's designee shall review the incident.  The offending caregiver of a substantiated incident shall be included on the central registry as expeditiously as possible.  The Office of Investigation shall retain a record of all unsubstantiated incidents.

(1) ensure that any communication concerning the alleged abuse, neglect, or exploitation of an individual 18 years of age or older with a developmental disability between a caregiver, case manager of the caregiver, the case manager's supervisor, including a 2[case]care care2 manager or 2[case manager]2 supervisor under contract with the Children's System of Care, or a person at the appropriate 2[Regional] Community Services2Services Office of the Division of Developmental Disabilities or the Children's System of Care is identified, safeguarded from loss or destruction, and maintained in a secure location;

     e.     The [Special Response Unit] Office of Investigation shall issue a written report of the investigation that includes the conclusions of the [unit] office, the rationale for the conclusion, and a detailed summary of any communication secured pursuant to subsection d.

     g.    The department, 2[the]2 Office of Investigation, 2[the Institutional Abuse Investigation Unit,]2 or other investigative entity shall forward to the Commissioner of Children and Families, or 2[his or her] to the commissioner’s2commissioner’s designee, copies of the investigative reports involving any 2[child under] individual over2over the age of 18 with a developmental disability who is the subject of an investigation 2[of an act of child abuse or neglect pursuant to section 3 of P.L.2010, c.5 (C.30:6D-75)]2 and is receiving services from the Children's System of Care.  The reports may be used by the Department of Children and Families, as appropriate, to initiate or support contracting, licensing, or other corrective actions.

     h. h.    The department, the Office of Investigation, the Institutional Abuse Investigation Unit, 1[or] and any1any other investigative entity may shareshare, 1, with and among each other,1other, 2[all]2 investigative records involving an individual 2[between the age of 18 and 21 years]2 with a developmental disability who is the subject of an investigation of an incident of abuse, neglect, or exploitation pursuant to section 3 of P.L.2010, c.5 (C.30:6D-75) 2oror an investigation of child abuse or neglect pursuant to section 4 of P.L.1971, c.437 (C.9:6-8.11)2. (C.9:6-8.11).   (cf:

P.L.2012,  c.69, s.10)        4.    Section 5 of P.L.2010, c.5 (C30:6D-77)(C.30:6D-77) is amended to read as follows:

      5.   C.30:6D-77  a.  There is established a Central Registry of Offenders Against Individuals with Developmental DisabilitiesDisabilities. in the department.

     5.

a.

There is established a Central Registry of Offenders Against Individuals with Developmental Disabilities in the department.

     (3)   that will prohibit persons included on the central registry from employment in facilities or programs of the Division of Developmental Disabilities in the department and those facilities or programs licensed, contracted, or regulated by the department, or from providing community-based services with indirect State funding to [persons] individuals with developmental disabilities;

[and]and 2and2      (4)   necessary to provide for the removal of a person's name from the central registry.  A person may apply for removal of his name to the commissioner after a period of five years of being placed on the central registry.  The person shall affirmatively demonstrate to the commissioner clear and convincing evidence of rehabilitation, using the provisions of P.L.1968, c.282 (C.2A:168A-1 et seq.) as a guideguide. 2[;

and      (5)  d.    thatThe willcommissioner prohibitmay personsadopt includedrules onand theregulations centralthat registrywill fromallow employmentbona atfide theemployers Departmentserving ofvulnerable Childrenpopulations andto Familiesinquire andof inthe facilitiesdepartment orif programspotential licensed,or contacted,current regulated,employees orare fundedincluded byon the Departmentcentral ofregistry, Childrenconsistent with federal and Families]2.State privacy and confidentiality laws.

       d.    The commissioner may adopt rules and regulations that will allow bona fide employers serving vulnerable populations to inquire of the department if potential or current employees are included on the central registry, consistent with federal and State privacy and confidentiality laws.

     2f.  f.     The Commissioner of Children and Families shall adopt rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to prohibit a person who is included on the central registry from being employed at the Department of Children and Families, or in any facility or program that is licensed, contracted, regulated, or funded by the Department of Children and Families.2Families. (cf:

P.L.2010, c.5, s.5)       C.9:6-8.10f  5.   Check (New section)  a.  The Department of Children and Families shall conduct a check of its child abuse registry forrelative each person who is seeking employment at the 2[department] Department of Children and Families2, or in any facility or program 2that is2 licensed, contracted, regulated, or funded by the 2[department] Department of Children and Families2, or 2who is2 seeking employment in any facility or program 2that is2 licensed, contracted, or regulated by the Department of Human Services 2[, or who is seeking]2 to provide community-based services 2[with indirect State funding]2 to individuals withseeking developmentalemployment. disabilities, in order to determine if the person is included on the child abuse registry as a substantiated perpetrator of child abuse or neglect.  2[The department shall immediately forward the information obtained as a result of the check to the Department of Human Services.]2      b.    The Commissioner of Children and Families shall adopt rules and regulations 2[that will] , pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to2 prohibit a person 2who is2 included on the child abuse registry from 2[employment] being employed2 at the Department of Children 2and Families,2 or in any facility or program 2that is2 licensed, contracted, regulated, or funded by the 2[department or the Department of Human Services, and from providing community-based services with indirect State funding to individuals with developmental disabilities] Department of Children and Families2.

     2c.  5. The Commissioner of Human Services shall adopt rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to prohibit a person who is included on the child abuse registry from:  (1) being employed in any facility or program that is licensed, contracted, regulated, or funded by the Department of Human Services to serve individuals with developmental disabilities;

anda. (2) providing community-based services with indirect State funding to individuals with developmental disabilities.2        6.    This act shall take effect on the first day of the sixth month following the date of enactment.

                                The  Department     of ProvidesChildren protectionsand Families shall conduct a check of its child abuse registry for childreneach underperson who is seeking employment at the ageDepartment of 18Children withand developmentalFamilies, disabilitiesor in any facility or program that is licensed, contracted, regulated, or funded by the Department of Children and Families, or who is seeking employment in any facility or program that is licensed, contracted, or regulated by the Department of Human Services to provide community-based services to individuals with developmental disabilitiesdisabilities, agesin 18-21order receivingto servicesdetermine fromif Divisionthe ofperson Children'sis Systemincluded on the child abuse registry as a substantiated perpetrator of Care.child abuse or neglect.

     b.    The Commissioner of Children and Families shall adopt rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to prohibit a person who is included on the child abuse registry from being employed at the Department of Children and Families, or in any facility or program that is licensed, contracted, regulated, or funded by the Department of Children and Families.

     c.     The Commissioner of Human Services shall adopt rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to prohibit a person who is included on the child abuse registry from:

(1) being employed in any facility or program that is licensed, contracted, regulated, or funded by the Department of Human Services to serve individuals with developmental disabilities;

and (2) providing community-based services with indirect State funding to individuals with developmental disabilities.