Sponsored by:
Senator ANTHONY R. BUCCO
District 25 (Morris and Somerset)
Co-Sponsored by:
Senators Oroho and Beck
SYNOPSIS
Requires certain employees and candidates for public school employment or service and youth camp employees to undergo child abuse record information check.
CURRENT VERSION OF TEXT
As reported by the Senate Education Committee on May 23, 2016, with amendments.
An Act concerning child abuse record checks and supplementing P.L.1986, c.116 (C.18A:6-7.1 et seq.), P.L.1989, c.104 (C.18A:39-19.1), and P.L.1973, c.375 (C.26:12-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A candidate for employment with a school district or an employee of a contracted service provider who is required to undergo a criminal history record check pursuant to P.L.1986, c.116 (C.18A:6-7.1 et seq.), shall also be subject to a child abuse record information check conducted by the Department of Children and Families.
The candidate for employment or service shall provide prior written consent for the department to conduct the child abuse record information check, and shall bear the cost of the check, including all costs for administering and processing the check.
b. If the Department of Children and Families determines upon a search of its child abuse registry that an allegation of child abuse or neglect has been substantiated, pursuant to section 4 of P.L.1971, c.437 (C.9:6-8.11), against the candidate, the candidate shall be permanently disqualified from employment or service with a school district.
c. Notwithstanding the provisions of this section, an individual shall not be disqualified from employment or service under this section on the basis of any information disclosed by a child abuse record information check performed pursuant to this section without an opportunity to challenge the accuracy of the disqualifying child abuse record.
2. a. An employee of a school district or a contracted service provider who is employed on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) in a position that requires a criminal history record check under section 1 of P.L.1986, c.116 (C.18A:6-7.1), shall be subject to a child abuse record information check.
The employee shall provide prior written consent for the Department of Children and Families to conduct the child abuse record information check, and shall bear the cost of the check, including all costs for administering and processing the check.
b. The Department of Children and Families shall establish a schedule for conducting the child abuse record information checks required by subsection a. of this section. The schedule shall provide for the completion of the record checks within five years of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
c. If the Department of Children and Families determines upon a search of its child abuse registry that an allegation of child abuse or neglect has been substantiated, pursuant to section 4 of P.L.1971, c.437 (C.9:6-8.11), against the employee, the employee shall not be eligible for continued employment or service with the school district and shall be permanently disqualified from employment or service with a school district.
d. Notwithstanding the provisions of this section, an individual shall not be disqualified from employment or service under this section on the basis of any information disclosed by a child abuse record information check performed pursuant to this section without an opportunity to challenge the accuracy of the disqualifying child abuse record.
3. a. Prior to employment as a school bus driver, and upon application for renewal of a school bus driver’s license, an individual employed by a school district or a contracted service provider who is required to undergo a criminal history record check pursuant to section 6 of P.L.1989, c.104 (C.18A:39-19.1), shall also be subject to a child abuse record information check conducted by the Department of Children and Families.
The individual shall provide prior written consent for the department to conduct the child abuse record information check, and shall bear the cost of the check, including all costs for administering and processing the check.
b. If the Department of Children and Families determines upon a search of its child abuse registry that an allegation of child abuse or neglect has been substantiated, pursuant to section 4 of P.L.1971, c.437 (C.9:6-8.11), against the individual, the individual shall be permanently disqualified from employment or service, and shall not be eligible to operate a school bus.
c. Notwithstanding the provisions of this section, an individual shall not be disqualified from employment or service under this section on the basis of any information disclosed by a child abuse record information check performed pursuant to this section without an opportunity to challenge the accuracy of the disqualifying child abuse record.
4. a. An employee of a youth camp or candidate for employment with a youth camp shall be subject to a child abuse record information check conducted by the Department of Children and Families.
The employee or candidate shall provide prior written consent for the department to conduct the child abuse record information check, and shall bear the cost of the check, including all costs for administering and processing the check.
b. If the Department of Children and Families determines upon a search of its child abuse registry that an allegation of child abuse or neglect has been substantiated, pursuant to section 4 of P.L.1971, c.437 (C.9:6-8.11), against the employee or candidate, the employee or candidate shall be permanently disqualified from employment with a youth camp.
c. Notwithstanding the provisions of this section, an individual shall not be disqualified from employment under this section on the basis of any information disclosed by a child abuse record information check performed pursuant to this section without an opportunity to challenge the accuracy of the disqualifying child abuse record.
15. Notwithstanding any provision of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to the contrary, the Commissioner of Children and Families shall adopt immediately upon filing with the Office of Administrative Law, such regulations as the commissioner deems necessary to implement the provisions of this act including, but not limited to, regulations establishing deadlines, processing times, fees, and limitations on information disclosure, which shall be effective for a period not to exceed one year and shall, thereafter, be amended, adopted, or readopted by the commissioner in accordance with the requirements of P.L.1968, c.410 (C.52:14B-1 et seq.).1
1[5.] 6.1 This act shall take effect immediately.