A4262 1R

An Act concerning family day care homes ¹[and] ,¹ supplementing chapter 5B of Title 30 of the Revised Statutes ¹, and amending P.L.2000, c,77.¹.

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

1. ¹(New section)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. ¹(New section)¹ a. ¹[As] By October 1, 2017, and as¹ a condition of issuance or renewal of a certificate of registration ¹thereafter¹ , the Department of Children and Families shall ¹[ensure that] require the following persons to undergo¹ a State and federal criminal history record background check ¹[is conducted on a] , in accordance with the provisions of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill): (1) any¹ person ¹[registering as] who is¹ a prospective or current family day care provider ¹[, an] ; (2) any¹ assistant provider, substitute provider, or alternate provider of the prospective or current family day care provider ¹[, or] ; and (3)¹ 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 ¹,¹ and shall include an examination of ¹[its own] State¹ files and the obtaining of a similar examination ¹of federal files¹ by federal authorities.

b. ¹[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.]¹ If ¹[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] a criminal history record background check reveals that a person identified in subsection a. of this section¹ has a record of ¹[criminal history] disqualifying convictions¹, the department shall advise the sponsoring organization ¹, in accordance with the provisions of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill),¹ of the results of the criminal history record background check ¹,¹ within a time period to be determined by the department.

3. ¹(New section)¹ a. The department shall not issue a certificate or renewal of registration to a prospective or current family day care provider ¹, and shall revoke the existing registration held by a current family day care provider, as the case may be,¹ if ¹[a criminal history record background check of a] the provider, or any other relevant¹ person ¹[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] listed in subsection a. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill):

(1) refuses to consent to, or cooperate in, the securing of a criminal history record background check;

(2) knowingly makes a materially false statement in connection with a criminal history record background check;

(3) is registered, or is required to be registered, on a State sex offender registry or repository, or on the National Sex Offender Registry established under the “Adam Walsh Child Protection and Safety Act of 2006,” 42 U.S.C. 16901 et seq.; or

(4) is found by a criminal history record background check to have¹ a record of conviction for any of the following crimes and offenses:

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

(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.); ¹[or]¹

(n) ¹any drug related offense committed within the preceding five year period; or

(o)¹ an attempt or conspiracy to commit any of the crimes or offenses listed in paragraphs (a) through ¹[(m)] (n)¹ of this subsection.

¹[(2) In] b. For the purposes of this section, a person shall be deemed to have a disqualifying record of conviction if the person has been convicted in New Jersey of any of the crimes listed in subsection a. of this section, or if the person has been convicted in¹ 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 ¹[paragraph (1) of this] that¹ subsection.

¹[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.]¹

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 ¹subsection c. of¹ section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).

4. ¹(New section)¹ The Commissioner of ¹[Children and Families] Human Services¹ shall ¹[require that] pay¹ the cost of the criminal history record background checks conducted pursuant to ¹[this act shall be paid by] P.L. , c. (C. ) (pending before the Legislature as this bill) on behalf of¹ the prospective or current family day care providers, as applicable.

5. ¹(New section)¹ 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.

¹b.¹ Upon receipt of ¹[the]¹ criminal history record information ¹[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]¹ from the Federal Bureau of Investigation and the Division of State Police, ¹for each of the parties identified in subsection a. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill),¹ 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 ¹, or its decision to revoke the family day care provider’s existing registration, as the case may be. The department shall also advise the family day care provider, the family day care sponsoring organization, and any person, other than the provider, who was the subject of the criminal history record background check, within a reasonable timeframe, of the results of any criminal history record background check that is conducted¹ under section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).

¹c.¹ If the ¹department denies an¹ application for a certificate or renewal of registration ¹[is denied] , or revokes an existing registration, because the family day care provider, or other relevant party listed in subsection a. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), has been determined to have a disqualifying record of convictions, as provided by section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill)¹, the convictions that constitute the basis for ¹[the] such¹ denial ¹or revocation¹ shall be identified in the written notice ¹[to the family day care provider. The] of disqualifying convictions that is provided to all parties under subsection b. of this section. In such a case, the¹ family day care provider ¹or other person who was the subject of the criminal history record background check¹ shall have 14 days from the date of the written notice ¹[of denial]¹ to challenge the accuracy of the criminal history record information ¹upon which the denial or revocation was based¹. If no challenge is filed ¹,¹ or if ¹[the determination of the accuracy of the criminal history record information upholds] a challenge is filed, but¹ the denial ¹or revocation is upheld¹, the department shall notify the family day care sponsoring organization that the family day care ¹[provider has been denied a certificate or renewal of] provider’s¹ registration ¹has been denied or revoked on the basis of disqualifying criminal history record information¹ .

¹[b.] d.¹ The Division of State Police shall promptly notify the department ¹[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,] whenever a person¹ who was the subject of a criminal history record background check ¹[conducted pursuant to subsection a. of this section] pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill)¹, is convicted of a crime or offense in this State after the date ¹on which¹ the background check was performed. Upon receipt of such notification, the department shall ¹[make a determination regarding] determine whether to revoke¹ the family day care provider's certificate of registration.

¹6. Section 5 of P.L.2000, c.77 (C.30:5B-6.14) is amended to read as follows:

5. a. A current staff member and an individual seeking employment shall be permanently disqualified from employment at, or ownership or sponsorship of, a child care center if [the criminal history record background check of] the staff member or individual [reveals] :

(1) refuses to consent to, or cooperate in, the securing of a criminal history record background check;

(2) knowingly makes a materially false statement in connection with a criminal history record background check;

(3) is registered, or is required to be registered, on a State sex offender registry or repository, or in the National Sex Offender Registry established under the “Adam Walsh Child Protection and Safety Act of 2006,” 42 U.S.C. 16901 et seq.; or

(4) is found by a criminal history record background check to have a record of conviction for any of the following crimes and offenses:

[a. In New Jersey, any crime or disorderly persons offense as follows:

(1)] (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.;

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

[(3)] (c) endangering the welfare of an incompetent person pursuant to N.J.S.2C:24-7;

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

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

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

[(7)] (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;

[(8)] (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;

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

(10)] (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.);

(n) any drug related offense committed within the preceding five year period; or

(o) an attempt or conspiracy to commit any of the crimes or offenses listed in ¹[paragraphs (1)] subparagraphs (a) through [(9)] (n) of this subsection.

b. [In] For the purposes of this section, a person shall be deemed to have a disqualifying record of conviction if the person has been convicted in New Jersey of any of the crimes listed in subsection a. of this section, or if the person has been convicted 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 that subsection [a. of this section].

c. Notwithstanding the provisions of this section to the contrary, an individual shall not be disqualified from employment or ownership or sponsorship under P.L.2000, c.77 (C.30:5B-6.10 et al.) on the basis of any conviction disclosed by a criminal history record background check performed pursuant to P.L.2000, c.77 (C.30:5B-6.10 et al.) without an opportunity to challenge the accuracy of the disqualifying criminal history record pursuant to the provisions of section 8 of P.L.2000, c.77 (C.53:1-20.9b).

(cf: P.L.2000, c.77, s.5)¹

¹[6. The Commissioner of Children and Families shall, in accordance with] 7. (New section) Notwithstanding the provisions of¹ the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), ¹the Commissioner of Children and Families shall, immediately upon filing proper notice with the Office of Administrative Law,¹ adopt ¹[any]¹ rules and regulations as the commissioner deems necessary to ¹[carry out] implement¹ the provisions of ¹[this act] P.L. , c. (C. ) (pending before the Legislature as this bill). Such rules and regulations shall remain in effect for a period not to exceed 12 months, and shall, thereafter, be amended, adopted, or readopted by the commissioner in accordance with the requirements of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.)¹.

¹[7.] 8.¹ This act shall take effect on ¹[the first day of the seventh month next following enactment] July 1, 2017¹, 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.