A4262

An Act concerning family day care homes and supplementing chapter 5B of 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:

"Certificate of registration" means a certificate of registration as defined in section 3 of P.L.1987, c.27 (C.30:5B-18).

"Family day care home" means a family day care home as defined in section 3 of P.L.1987, c.27 (C.30:5B-18).

"Family day care provider" means a family day care provider as defined in section 3 of P.L.1987, c.27 (C.30:5B-18).

"Family day care sponsoring organization" means a family day care sponsoring organization as defined in section 3 of P.L.1987, c.27 (C.30:5B-18).

"Household member" means a person 18 years of age or older who resides in a family day care home.

2. a. As a condition of issuance or renewal of a certificate of registration, the Department of Children and Families shall ensure that a State and federal criminal history record background check is conducted on a person registering as a prospective or current family day care provider, an assistant provider, substitute provider, or alternate provider of the prospective or current family day care provider, or any household member of the prospective or current family day care provider. The background check shall be conducted by the Division of State Police in the Department of Law and Public Safety and shall include an examination of its own files and the obtaining of a similar examination by federal authorities.

b. If a prospective or current family day care provider, an assistant provider, substitute provider, or alternate provider of the prospective or current family day care provider, or any household member of the family day care provider, refuses to consent to, or cooperate in, the securing of a criminal history record background check, a family day care sponsoring organization shall deny the prospective or current family day care provider's application for a certificate or renewal of registration.

c. If a prospective or current family day care provider, an assistant provider, substitute provider, or alternate provider of the prospective or current family day care provider, or any household member of the family day care provider has a record of criminal history, the department shall advise the sponsoring organization of the results of the criminal history record background check within a time period to be determined by the department.

3. a. The department shall not issue a certificate or renewal of registration to a prospective or current family day care provider if a criminal history record background check of a person registering as a prospective or current family day care provider, an assistant provider, substitute provider, or alternate provider of the prospective or current family day care provider, or any household member of the prospective or current family day care provider, reveals a record of conviction for any of the following crimes and offenses:

(1) In New Jersey, any crime or disorderly persons offense as follows:

(a) a crime against a child, including endangering the welfare of a child and child pornography pursuant to N.J.S.2C:24-4, and child molestation as set forth in N.J.S.2C:14-1 et seq.;

(b) abuse, abandonment or neglect of a child pursuant to R.S.9:6-3;

(d) sexual assault, criminal sexual contact or lewdness pursuant to N.J.S.2C:14-2 through N.J.S.2C:14-4;

(e) murder pursuant to N.J.S.2C:11-3 or manslaughter pursuant to N.J.S.2C:11-4;

(f) stalking pursuant to P.L.1992, c.209 (C.2C:12-10);

(g) kidnapping and related offenses including criminal restraint; false imprisonment; interference with custody; criminal coercion; or enticing a child into a motor vehicle, structure, or isolated area pursuant to N.J.S.2C:13-1 through 2C:13-6;

(h) arson pursuant to N.J.S.2C:17-1, or causing or risking widespread injury or damage, which would constitute a crime of the second degree pursuant to N.J.S.2C:17-2;

(i) terroristic threats pursuant to N.J.S.2C:12-3;

(j) aggravated assault, which would constitute a crime of the second or third degree pursuant to subsection b. of N.J.S.2C:12-1;

(k) robbery, which would constitute a crime of the first degree pursuant to N.J.S.2C:15-1;

(l) burglary, which would constitute a crime of the second degree pursuant to N.J.S.2C:18-2;

(m) domestic violence pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.); or

(n) an attempt or conspiracy to commit any of the crimes or offenses listed in paragraphs (a) through (m) of this subsection.

(2) In any other state or jurisdiction, of conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in paragraph (1) of this subsection.

b. Notwithstanding the provisions of subsection a. of this section to the contrary, a certificate of registration or renewal of a certificate of registration shall not be denied on the basis of any conviction disclosed by a criminal history record check performed pursuant to this act, if the individual has affirmatively demonstrated to the Commissioner of Children and Families clear and convincing evidence of rehabilitation. In determining whether an individual has affirmatively demonstrated rehabilitation, the following factors shall be considered:

(1) the nature and responsibility of the position which the convicted individual would hold;

(2) the nature and seriousness of the offense;

(3) the circumstances under which the offense occurred;

(4) the date of the offense;

(5) the age of the individual when the offense was committed;

(6) whether the offense was an isolated or repeated incident;

(7) any social conditions which may have contributed to the offense; and

(8) any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of those who have had the individual under their supervision.

c. Notwithstanding the provisions of this section to the contrary, a prospective or current provider's application for a certificate or renewal of registration shall not be denied under this act on the basis of any conviction disclosed by a criminal history record background check performed pursuant to this act without an opportunity to challenge the accuracy of the disqualifying criminal history record pursuant to section 5 of P.L. , c. (C. )(pending before the Legislature as this bill).

4. The Commissioner of Children and Families shall require that the cost of the criminal history record background checks conducted pursuant to this act shall be paid by the prospective or current family day care providers, as applicable.

5. a. The Commissioner of Children and Families is authorized to exchange fingerprint data with, and to receive information from, the Division of State Police in the Department of Law and Public Safety and the Federal Bureau of Investigation.

Upon receipt of the criminal history record information for a person registering as a prospective or current family day care provider, an assistant provider, substitute provider, or alternate provider of the family day care provider, or any household member of the family day care provider from the Federal Bureau of Investigation and the Division of State Police, the Department of Children and Families shall notify the family day care provider, in writing, of the department's decision to approve or deny the family day care provider's application for a certificate or renewal of registration under section 3 of P.L. , c. (C. )(pending before the Legislature as this bill). If the application for a certificate or renewal of registration is denied, the convictions that constitute the basis for the denial shall be identified in the written notice to the family day care provider. The family day care provider shall have 14 days from the date of the written notice of denial to challenge the accuracy of the criminal history record information. If no challenge is filed or if the determination of the accuracy of the criminal history record information upholds the denial, the department shall notify the family day care sponsoring organization that the family day care provider has been denied a certificate or renewal of registration.

b. The Division of State Police shall promptly notify the department in the event a prospective or current family day care provider, an assistant provider, substitute provider, or alternate provider of the prospective or current family day care provider, or any household member of the family day care provider, who was the subject of a criminal history record background check conducted pursuant to subsection a. of this section, is convicted of a crime or offense in this State after the date the background check was performed. Upon receipt of such notification, the department shall make a determination regarding the family day care provider's certificate of registration.

6. The Commissioner of Children and Families shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt any rules and regulations as the commissioner deems necessary to carry out the provisions of this act.

7. This act shall take effect on the first day of the seventh month next following enactment, except the Commissioner of Children and Families may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

STATEMENT

This bill provides that as a condition of issuance or renewal of a certificate of registration as a family day care provider, the Department of Children and Families (DCF) is to ensure that a State and federal criminal history record background check is conducted on a person registering as a prospective or current family day care provider, an assistant provider, substitute provider, or alternate provider of the prospective or current family day care provider, or any household member 18 years of age or older of the prospective or current family day care provider. Currently, family day care providers submit to DCF child abuse registry checks pursuant to P.L.1993, c.350 (C.30:5B-25.1 et seq.).

Specifically, the bill provides that DCF is not to issue a certificate or renewal of registration to a prospective or current family day care provider if the criminal history record background checks required under the bill reveal a record of conviction for any of the 14 crimes and offenses enumerated in the bill.

Additionally, refusal to consent to, or cooperate in, the securing of a criminal history record background check would result in denial of a certificate of registration as a family day care provider.

The costs of the criminal history record background checks are to be paid by the prospective or current family day care providers.

The bill also provides for the Division of State Police to notify DCF in the event a person who was the subject of a criminal history record background check under the bill is convicted of a crime or offense in this State after the date the background check was performed.