Bill Text: NJ S1129 | 2018-2019 | Regular Session | Introduced


Bill Title: Requires certain employees and candidates for public school employment or service and youth camp employees to undergo child abuse record information check.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2018-06-21 - Received in the Assembly, Referred to Assembly Women and Children Committee [S1129 Detail]

Download: New_Jersey-2018-S1129-Introduced.html

SENATE, No. 1129

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED JANUARY 25, 2018

 


 

Sponsored by:

Senator  ANTHONY R. BUCCO

District 25 (Morris and Somerset)

Senator  KRISTIN M. CORRADO

District 40 (Bergen, Essex, Morris and Passaic)

 

 

 

 

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 introduced.

  


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.

 

     5.    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.).

 

     6.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill requires certain public school employees, employees of contracted service providers, school bus drivers, and candidates for those positions to undergo a child abuse record information check.

     Under the bill, candidates for employment with a school district and employees of a contracted service provider, including school bus drivers, who are required by current law to undergo a criminal history record check also will be required to undergo a child abuse record information check.  The bill provides for the check to be conducted by the Department of Children and Families, which maintains the State's child abuse registry pursuant to section 4 of P.L.1971, c.437 (C.9:6-8.11).  The bill requires the candidate for employment or service to provide prior written consent for the check and to pay for the cost of the check.  In the case of a school bus driver, the check will be required prior to initial employment and upon application for renewal of a school bus driver's license.

     If the department determines upon a search of its child abuse registry that an allegation of child abuse or neglect has been substantiated against the candidate, the bill provides that the candidate will be permanently disqualified from employment or service with a school district.  In the case of a school bus driver, the individual also will be ineligible to operate a school bus.

     In addition, the bill requires child abuse record information checks for employees of a school district or a contracted service provider who are already employed on the effective date of the bill in positions that require a criminal history record check as a condition of employment.  The bill requires the department to establish a schedule for conducting the checks of current employees and to complete the checks within five years of the bill's effective date.  If the department determines upon a search of its child abuse registry that an allegation of child abuse or neglect has been substantiated against a current employee, the bill provides that the employee will not be eligible for continued employment, and will be permanently disqualified from employment or service with a school district.

     The bill also requires youth camp employees and candidates for employment with a youth camp to undergo a child abuse record information check conducted by the Department of Children and Families.  The youth camp employee or candidate must provide prior written consent for the check and pay for the cost of the check.  If the department determines upon a search of its child abuse registry that an allegation of child abuse or neglect has been substantiated against the employee or candidate, the individual will be permanently disqualified from employment with a youth camp.

     The bill requires the Commissioner of Children and Families to adopt regulations necessary to implement the bill, and provides for the immediate filing of those regulations with the Office of Administrative Law, effective for a period not to exceed one year.

     The bill takes effect immediately upon enactment.

feedback