New Jersey Department of New Jersey Department of Human ServicesHuman Services

Central Registry of Offenders Central Registry of Offenders Against Individuals with Against Individuals with

Developmental DisabilitiesDevelopmental Disabilities

The Central Registry: The Central Registry: Created by New Jersey Statute, Title 30:6D 73 Created by New Jersey Statute, Title 30:6D 73

et seq.et seq.

Landmark legislation- NJ is one of a handful of Landmark legislation- NJ is one of a handful of states to enact similar legislation to help states to enact similar legislation to help protect individuals with developmental protect individuals with developmental disabilities. disabilities.

Signed into law by Governor Christie on April Signed into law by Governor Christie on April 30, 2010.30, 2010.

Registry was implemented on October 27, Registry was implemented on October 27, 2010. 2010.

What is the Central What is the Central Registry?Registry?

A confidential web-based registry, A confidential web-based registry, maintained by DHS, of paid maintained by DHS, of paid caregivers and volunteers caregivers and volunteers

determined by the Department to determined by the Department to have abused, neglected or exploited have abused, neglected or exploited an individual with a developmental an individual with a developmental

disability. disability.

Who Does the Central Registry Who Does the Central Registry Protect?Protect?

Individuals with developmental Individuals with developmental disabilities receiving care or services disabilities receiving care or services from:from: State-operated programs; State-operated programs; Facilities or programs licensed, Facilities or programs licensed,

contracted or regulated by DHS;contracted or regulated by DHS; State-funded, community-based State-funded, community-based

services. services.

Important Provision of the Important Provision of the Registry Law: Requires Registry Law: Requires

Reporting of Abuse, Neglect or Reporting of Abuse, Neglect or Exploitation: Exploitation:

Allegations of abuse, neglect or exploitation Allegations of abuse, neglect or exploitation by a caregiver against a person with a by a caregiver against a person with a

developmental disability MUST be developmental disability MUST be immediately reported to the Department immediately reported to the Department of Human Services (DHS) by telephone or of Human Services (DHS) by telephone or

in-person.in-person.

1-800-832-9173 1-800-832-9173

Who is Required to Report Who is Required to Report Allegations?Allegations?

The responsibility to report allegations The responsibility to report allegations applies to any person: applies to any person: Employed or volunteering in a program, Employed or volunteering in a program,

facility, community care residence or facility, community care residence or living arrangement- licensed or funded by living arrangement- licensed or funded by DHS; DHS;

A person providing community-based A person providing community-based services;services;

An employee of the Department. An employee of the Department.

Important Note for Agencies Agencies should follow the Agencies should follow the

Department’s reporting procedures Department’s reporting procedures by reporting allegations through the by reporting allegations through the

Unusual Incident Unusual Incident

Risk Management System.Risk Management System.

Reporting allegations through UIRMS Reporting allegations through UIRMS satisfies reporting requirements.satisfies reporting requirements.

Are There Consequences for Are There Consequences for Not Reporting?Not Reporting?

Yes.Yes.

A person who fails to report an act of A person who fails to report an act of abuse, neglect or exploitation will be abuse, neglect or exploitation will be deemed to have committed a deemed to have committed a Disorderly Persons Offense and shall be Disorderly Persons Offense and shall be subject to applicable legal penalties. subject to applicable legal penalties.

What is Considered Abuse, What is Considered Abuse, Neglect or Exploitation?Neglect or Exploitation?

Examples of abuse include, but are not Examples of abuse include, but are not limited to:limited to: Death;Death; Serious physical injuries- including head injuries, Serious physical injuries- including head injuries,

internal injuries, burns, exposure to or ingestion of internal injuries, burns, exposure to or ingestion of noxious substances, bodily wounds, bone noxious substances, bodily wounds, bone fractures, sprains or dislocations, human bites;fractures, sprains or dislocations, human bites;

Injuries resulting in unexpected hospitalizations or Injuries resulting in unexpected hospitalizations or trips to the emergency room. trips to the emergency room.

Acts of physical aggression, including kicking, Acts of physical aggression, including kicking, punching, slapping, hair pulling or hitting.punching, slapping, hair pulling or hitting.

Other Examples of Abuse Other Examples of Abuse (cont.): (cont.):

Mental or emotional impairment, not Mental or emotional impairment, not related to the underlying physical or related to the underlying physical or emotional disabilities of the service emotional disabilities of the service recipient;recipient;

Risk of harm due to substance abuse Risk of harm due to substance abuse by the caregiver or service recipient;by the caregiver or service recipient;

Acts that demean, humiliate or Acts that demean, humiliate or intimidate;intimidate;

Use of unapproved restraints.Use of unapproved restraints.

Other Examples of Abuse Other Examples of Abuse (cont.):(cont.):

Sexual penetration;Sexual penetration; Sexual exploitation;Sexual exploitation; Sexual molestation;Sexual molestation; Substantial risk of sexual injury;Substantial risk of sexual injury; Sexually transmitted diseases.Sexually transmitted diseases.

Examples of Neglect:Examples of Neglect:

Inadequate supervision;Inadequate supervision; Abandonment or desertion;Abandonment or desertion; Inadequate food, clothing, shelter;Inadequate food, clothing, shelter; Malnutrition;Malnutrition; Medical neglect. Medical neglect.

Examples of ExploitationExamples of Exploitation

Theft or use of a service recipient’s Theft or use of a service recipient’s property or private funds;property or private funds;

Misappropriation of a service Misappropriation of a service recipient’s identity;recipient’s identity;

Having a service recipient perform Having a service recipient perform labor for which he or she is not labor for which he or she is not compensated. compensated.

The Law Provides:The Law Provides:

Immunity from any civil or criminal Immunity from any civil or criminal liability and immunity from legal liability and immunity from legal testimony as a result of reporting;testimony as a result of reporting;

Option to seek court relief in Option to seek court relief in situations of discrimination or situations of discrimination or discharge from employment when discharge from employment when reporting allegations was made in reporting allegations was made in good faith. good faith.

Who Can Be Placed on the Who Can Be Placed on the Central Registry?Central Registry?

An individual in the role of An individual in the role of caregivercaregiver, who , who is determined through a DHS investigation is determined through a DHS investigation to have abused, neglected or exploited an to have abused, neglected or exploited an individual with a developmental disability.individual with a developmental disability.

CaregiverCaregiver is defined as a person who: is defined as a person who: Receives state funding, directly or indirectly, in Receives state funding, directly or indirectly, in

whole or in part, to provide services, supports, whole or in part, to provide services, supports, or both, to an individual with a developmental or both, to an individual with a developmental disability. disability.

Individual can be paid directly or indirectly by Individual can be paid directly or indirectly by the state; a contracted or licensed employee; a the state; a contracted or licensed employee; a volunteer, alternate or respite provider. volunteer, alternate or respite provider.

The law excludes immediate The law excludes immediate family members from family members from

placement on the Central placement on the Central RegistryRegistry

““Immediate Family” means:Immediate Family” means:

A parent or sibling; child by blood, A parent or sibling; child by blood, adoption, marriage or civil union; adoption, marriage or civil union;

spouse; grandparent or grandchild.spouse; grandparent or grandchild.

Immediate Family Members in Immediate Family Members in Care Giving Roles….Care Giving Roles….

May still be investigated for abuse, May still be investigated for abuse, neglect or exploitation, and other neglect or exploitation, and other acts, acts, howeverhowever, regardless of the , regardless of the

finding, they cannot be placed on the finding, they cannot be placed on the Central Registry for Offenders Central Registry for Offenders

Against Individuals with Against Individuals with Developmental Disabilities.Developmental Disabilities.

Who Investigates Allegations Who Investigates Allegations for Possible Placement on the for Possible Placement on the

Central Registry? Central Registry? The Department’s Special Response Unit The Department’s Special Response Unit

(SRU) will investigate the most serious (SRU) will investigate the most serious allegations of abuse, neglect and allegations of abuse, neglect and exploitation in agency and community exploitation in agency and community settings.settings.

The Department’s Investigative Response The Department’s Investigative Response Teams will investigate all allegations of Teams will investigate all allegations of abuse, neglect and exploitation in the abuse, neglect and exploitation in the Department’s Developmental Centers.Department’s Developmental Centers.

Information Regarding a Information Regarding a Registry Investigation is Registry Investigation is Protected Information. Protected Information.

Considered confidential and is not considered a Considered confidential and is not considered a public or government record;public or government record;

Can only be disclosed under circumstances Can only be disclosed under circumstances expressly authorized by DHS rules and expressly authorized by DHS rules and regulations;regulations;

Cannot be disclosed if disclosure would likely Cannot be disclosed if disclosure would likely endanger the life, safety, or physical or emotional endanger the life, safety, or physical or emotional well-being of an individual with a developmental well-being of an individual with a developmental disability or of any other person;disability or of any other person;

Cannot be disclosed if it may compromise the Cannot be disclosed if it may compromise the integrity of a departmental, civil or criminal integrity of a departmental, civil or criminal investigation or judicial proceeding. investigation or judicial proceeding.

Consideration for Placement on Consideration for Placement on the Registry Begins with:the Registry Begins with:

The findings of the Department’s The findings of the Department’s investigation.investigation.

The investigating unit notifies the alleged The investigating unit notifies the alleged perpetrator, and as applicable, also notifies perpetrator, and as applicable, also notifies the alleged perpetrator’s employer of its the alleged perpetrator’s employer of its findings;findings;

As appropriate, the alleged victim is notified;As appropriate, the alleged victim is notified; As applicable, the alleged victim’s guardian As applicable, the alleged victim’s guardian

is also notified of the investigative findings. is also notified of the investigative findings.

A “Substantiated” Finding is A “Substantiated” Finding is Based on the “Preponderance Based on the “Preponderance

of Evidence” Standard.of Evidence” Standard.

““Preponderance of evidence” means the Preponderance of evidence” means the superior evidentiary weight, that, superior evidentiary weight, that, although not sufficient to free the mind although not sufficient to free the mind wholly of all reasonable doubt, is still wholly of all reasonable doubt, is still sufficient to incline a reasonable person sufficient to incline a reasonable person to conclude that the allegation is more to conclude that the allegation is more likely true than not.”likely true than not.”

Elements for Consideration for Elements for Consideration for Placement on the Central Registry:Placement on the Central Registry:

In addition to rendering a finding for an In addition to rendering a finding for an allegation, the Department’s investigating allegation, the Department’s investigating unit will determine if any/all of the following unit will determine if any/all of the following additional elements also exist:additional elements also exist: In cases of substantiated abuse, whether the caregiver acted In cases of substantiated abuse, whether the caregiver acted

intentionally, recklessly or with careless disregard resulting intentionally, recklessly or with careless disregard resulting in an injury or exposing the individual to a potential injury.in an injury or exposing the individual to a potential injury.

In cases of substantiated neglect, whether the caregiver In cases of substantiated neglect, whether the caregiver acted with gross negligence, recklessness or evidenced a acted with gross negligence, recklessness or evidenced a pattern of behavior that caused harm or placed an individual pattern of behavior that caused harm or placed an individual

in harm’s wayin harm’s way..

In Cases of Substantiated Abuse, In Cases of Substantiated Abuse, a Determination is Made as to a Determination is Made as to Whether the Caregiver Acted:Whether the Caregiver Acted:

Intentionally;Intentionally; Recklessly; or,Recklessly; or, With careless disregard. With careless disregard.

to the well-being of the service recipient to the well-being of the service recipient resulting in injury to an individual with a resulting in injury to an individual with a developmental disability or by exposing the developmental disability or by exposing the individual to a potentially injurious situation. individual to a potentially injurious situation.

What Do These Elements What Do These Elements Mean?Mean?

IntentIntent: the mental resolution or : the mental resolution or determination to commit an act.determination to commit an act.

RecklessnessRecklessness: the creation of a substantial : the creation of a substantial and unjustifiable risk of harm to others by a and unjustifiable risk of harm to others by a conscious disregard for that risk.conscious disregard for that risk.

Careless disregardCareless disregard: the lack of : the lack of reasonableness and prudence in doing what reasonableness and prudence in doing what a person ought not to do or not doing what a person ought not to do or not doing what ought to be done. ought to be done.

In Cases of Substantiated In Cases of Substantiated Neglect:Neglect:

A determination will be made A determination will be made whether the caregiver acted with:whether the caregiver acted with: Gross Negligence;Gross Negligence; Recklessness; or,Recklessness; or, Evidenced a pattern of behavior that Evidenced a pattern of behavior that

caused harm to an individual with a caused harm to an individual with a developmental disability or placed that developmental disability or placed that individual in harm’s way. individual in harm’s way.

What Do These Elements What Do These Elements Mean?Mean?

Gross NegligenceGross Negligence: A conscious, voluntary : A conscious, voluntary act or omission in reckless disregard of a duty act or omission in reckless disregard of a duty and of the consequences to another party.and of the consequences to another party.

RecklessnessRecklessness: The creation of a substantial : The creation of a substantial and unjustifiable risk of harm to others by a and unjustifiable risk of harm to others by a conscious disregard for that risk.conscious disregard for that risk.

Pattern of behaviorPattern of behavior: A repeated set of : A repeated set of similar wrongful acts. similar wrongful acts.

In cases of a substantiated In cases of a substantiated incident of exploitation:incident of exploitation:

Any single act or set of acts that Any single act or set of acts that dispossesses a service recipient or dispossesses a service recipient or

group of service recipients of a group of service recipients of a monetary value of $100.00 or more.monetary value of $100.00 or more.

In Cases of a Substantiated In Cases of a Substantiated Finding; Finding;

The Department’s investigating unit will The Department’s investigating unit will notify the caregiver in writing, whether or not notify the caregiver in writing, whether or not he or she will be considered for placement on he or she will be considered for placement on

the Central Registry. the Central Registry.

The investigating unit will also refer the The investigating unit will also refer the matter to the DHS Commissioner or the matter to the DHS Commissioner or the

Commissioner’s designee, who shall Commissioner’s designee, who shall determine whether the perpetrator will be determine whether the perpetrator will be

considered for inclusion on the Central considered for inclusion on the Central Registry.Registry.

Department’s Intention to Department’s Intention to Place an Individual on the Place an Individual on the

Central Registry:Central Registry: Decision made by the Commissioner Decision made by the Commissioner

or their designee;or their designee;

Results in Departmental notification Results in Departmental notification to the perpetrator, perpetrator’s to the perpetrator, perpetrator’s employer, and the licensing or employer, and the licensing or contracting unit providing funding to contracting unit providing funding to the perpetrator of the intention to the perpetrator of the intention to place on the Central Registry.place on the Central Registry.

Notification will include:Notification will include:

The perpetrator’s name;The perpetrator’s name; Unusual Incident Reporting (UIR) Unusual Incident Reporting (UIR)

number;number; Date upon which the decision was made;Date upon which the decision was made; Brief description of the incident and Brief description of the incident and

findings;findings; In cases of placement on the Central In cases of placement on the Central

Registry, a summary of the right to Registry, a summary of the right to appeal procedures. appeal procedures.

Upon Placement on the Upon Placement on the Central Registry Central Registry

The individual shall cease all contact The individual shall cease all contact with persons with developmental with persons with developmental

disabilities, except immediate family disabilities, except immediate family members, for whom they directly or members, for whom they directly or

indirectly receive state funding.indirectly receive state funding.

*Note- upon notification of an *Note- upon notification of an allegationallegation of abuse, of abuse, neglect or exploitation, the Department, agencies neglect or exploitation, the Department, agencies or facilities may also take action as necessary to or facilities may also take action as necessary to

ensure the safety of the individual with a ensure the safety of the individual with a developmental disability. developmental disability.

Criteria for Placement on Criteria for Placement on the Central Registry:the Central Registry:

Based on a substantiated finding of abuse, Based on a substantiated finding of abuse, neglect and/or exploitation;neglect and/or exploitation;

Substantiated incident also involves any or all of Substantiated incident also involves any or all of the additional elements (i.e. intent, recklessness);the additional elements (i.e. intent, recklessness);

Based on a departmental recommendation that Based on a departmental recommendation that the incident warrants inclusion of the individual the incident warrants inclusion of the individual on the Central Registry;on the Central Registry;

An informal hearing (if requested) with the An informal hearing (if requested) with the perpetrator results in a determination that perpetrator results in a determination that placement on the Central Registry is warranted; placement on the Central Registry is warranted;

Individuals Identified for Individuals Identified for Placement on the Central Placement on the Central

Registry:Registry: Within 10 days of notification may seek the Within 10 days of notification may seek the

following: following: An informal hearing with a representative of the An informal hearing with a representative of the

Department; Department; Within 30 days of notification, may also Within 30 days of notification, may also

seek the following:seek the following: An Administrative Hearing through the Office of An Administrative Hearing through the Office of

Administrative Law.Administrative Law.

Appeal procedures are in accordance with the Appeal procedures are in accordance with the

Administrative Procedures Act - (N.J.S.A. 52:14B-1)Administrative Procedures Act - (N.J.S.A. 52:14B-1)

Can an Individual Come Off the Can an Individual Come Off the Central Registry?Central Registry?

Yes.Yes. May be removed from the Central Registry May be removed from the Central Registry

during the appeal process if the Department during the appeal process if the Department determines an error has been made;determines an error has been made;

Otherwise, an individual placed on the Otherwise, an individual placed on the Central Registry can seek to be removed Central Registry can seek to be removed after five years;after five years;

Individual seeking removal after five years, Individual seeking removal after five years, must demonstrate and evidence must demonstrate and evidence satisfactory rehabilitation based on satisfactory rehabilitation based on identified criteria within DHS regulations to identified criteria within DHS regulations to the Department. the Department.

The Central Registry The Central Registry

Maintained by the Critical Incident Management Unit Maintained by the Critical Incident Management Unit in the DHS, Office of Program Integrity and in the DHS, Office of Program Integrity and Accountability;Accountability;

A web-based system that permits entities that employ A web-based system that permits entities that employ caregivers in state-operated facilities or programs caregivers in state-operated facilities or programs licensed, contracted or regulated by the Department, licensed, contracted or regulated by the Department, or those providing state funded community based or those providing state funded community based services, to check the names of employees or services, to check the names of employees or prospective employees; prospective employees;

Agencies/providers who provide care giving services Agencies/providers who provide care giving services to individuals with developmental disabilities complete to individuals with developmental disabilities complete a Central Registry registration form for DHS approval a Central Registry registration form for DHS approval to gain access the Central Registry; to gain access the Central Registry;

Agency CEOs, State or Executive Directors are given a Agency CEOs, State or Executive Directors are given a DHS issued, User ID and password;DHS issued, User ID and password;

Who is Required to Check the Central Registry?

Every entity that employs caregivers, including volunteers, respite providers and alternates in a state-operated facility or program licensed, contracted or regulated by the Department;

Also includes employers providing state-funded, community-based services directly or indirectly to individuals with developmental disabilities;

In situations where an individual receives self-directed funds, the employer of record is required to check the Central Registry.

Who is Required to Check the Central Registry? (cont.)

The DDD Regional Home Developer will conduct a check of the Central Registry for all Community Care Residence providers and their adult occupants, age 18 years and over and any alternates;

Anytime a Community Care Residence provider has a new occupant or an alternate, the name shall be immediately provided to the DDD Regional Home Developer, who will check the name against the Central Registry.

How Frequently Must the Central Registry be Checked?

Prior to each new hire of a caregiver, including- employees, volunteers, alternates and respite providers;

Each time a new name is added to the Central Registry, DHS will send an e-mail advisory alert to all Central Registry users- the Central Registry shall be re-checked by all employers at that time.

Requirements/ Responsibilities of Requirements/ Responsibilities of Facilities; Licensed, Regulated and/or Facilities; Licensed, Regulated and/or

Contracted EmployersContracted Employers Obtain consent (available on DHS OPIA website) Obtain consent (available on DHS OPIA website)

from caregivers and volunteers for checking their from caregivers and volunteers for checking their name against the Central Registry;name against the Central Registry;

Obtain documentation that caregivers and Obtain documentation that caregivers and volunteers are aware of their duty to report volunteers are aware of their duty to report allegations and cooperate with an investigation;allegations and cooperate with an investigation;

Check current and prospective employees (before Check current and prospective employees (before employment) against the Central Registry;employment) against the Central Registry;

Requirements/ Responsibilities Requirements/ Responsibilities (cont.):(cont.):

Document and maintain evidence that the Central Document and maintain evidence that the Central Registry was checked on all existing and prospective Registry was checked on all existing and prospective employees and volunteers. Documentation must be employees and volunteers. Documentation must be available for Department review/inspection;available for Department review/inspection;

The law also applies to out-of-state facilities that The law also applies to out-of-state facilities that contract with the Division of Developmental contract with the Division of Developmental Disabilities; Disabilities;

Out-of-state providers for New Jersey are also Out-of-state providers for New Jersey are also required to conduct a similar check of their own required to conduct a similar check of their own system (if available).system (if available).

This Central Registry and This Central Registry and Regulations….. Regulations…..

Help ensure the safety and well-being of our most vulnerable Help ensure the safety and well-being of our most vulnerable clients. clients.

Thank you for your efforts in promoting and advancing this Thank you for your efforts in promoting and advancing this important process and protective tool.important process and protective tool.

Questions/Additional Information-Questions/Additional Information-Visit the DHS website: Visit the DHS website:

http://www.state.nj.us/humanservices/staff/opia/central_registry.html

Or contact the DHS, Office of Program Integrity and Or contact the DHS, Office of Program Integrity and Accountability at:Accountability at:

(1-609) 292-1617(1-609) 292-1617