N.J. Admin. Code § 3A:17-2.4 - Removal due to criminal conviction
(a) The Division
representative shall remove the children in placement from the resource family
home when any resource family parent or household member has been convicted of
a crime listed in
N.J.S.A.
30:4C-26.8 in the following circumstances:
1. The resource family home has been licensed
as being in substantial compliance and a Federal criminal history check is
returned to the Division with a conviction of a crime cited in (a)
above;
2. A new resource family
parent or household member moves into an already licensed resource family home
with a conviction of a crime as cited in (a) above; or
3. Any licensed resource family parent or
household member who has had a completed criminal history check, has been
subsequently convicted of a crime cited in (a) above, pursuant to N.J.S.A.
30:4C-27.8b.
(b) The
office manager shall determine whether or not to remove the children in
placement from a licensed resource family home when:
1. Any licensed resource family parent or
household member has been convicted of a non-violent criminal or disorderly
persons offense;
2. Any licensed
resource family parent or household member has been convicted of a violent
criminal or disorderly persons offense involving crimes not cited in
N.J.S.A.
30:4C-26.8; or
3. Any licensed resource family parent or
household member was convicted of one of the crimes cited in
N.J.S.A.
30:4C-26.8, and five or more years have
passed since he or she was terminated from probation or parole or was released
without probation or parole from a correctional facility.
(c) Under the circumstances in (b)1 above, if
the office manager decides it is not in the child's best interest to be removed
from this resource family home, the office manager shall recommend to the
Office of Licensing that the child be permitted to continue to be placed in the
resource family home.
(d) Under the
circumstances in (b)2 and 3 above, if the office manager decides it is not in
the child's best interest to be removed from this resource family home, the
office manager shall recommend to the Area Director, who may recommend to the
Office of Licensing, that the child be permitted to continue to be placed in
the resource family home.
(e) The
determination made by the office manager in (b), (c) and (d) above, and the
Area Director in (d) above shall be based upon the criteria listed in
N.J.A.C.
3A:17-2.5(a).
(f) The decision made by the Office of
Licensing in (c) and (d) above, to approve or deny the child's placement in the
resource family home, shall be made on a case-by-case basis, based upon the
criteria listed in
N.J.A.C.
3A:51-2.2(b)3.
Notes
See: 35 N.J.R. 532(a), 35 N.J.R. 2931(a).
Rewrote the section.
Amended by R.2009 d.6, effective
See: 40 N.J.R. 3935(a), 41 N.J.R. 256(a).
Rewrote the section.
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