N.J. Admin. Code § 3A:3-3.7 - Information that shall be disclosed about a child fatality or near fatality that was the result of abuse or neglect
(a) If a child protection investigation
determines that the child fatality or near fatality was the result of a
substantiated incident of abuse or neglect, unless prohibited by
N.J.S.A.
9:6-8.10a or
N.J.A.C.
3A:3-3.4 or withheld at the request of the
county prosecutor, the Director or designee or a representative of the
Department's Office of Communications shall disclose the following information
to the media or a member of the public, as relevant to the given incident or
the child's condition, in addition to the information disclosed during the
child protection investigation in accordance with
N.J.A.C.
3A:3-3.5:
1. The child's current medical condition or
the date and cause of the child's death;
2. The child's current living arrangement,
with this information provided under the same limitation as imposed by
N.J.A.C.
3A:3-3.5(a)3 i, ii, and
iii;
3. Details about the child
protection investigation of the incident, including, but not limited to:
i. The type of abuse or neglect that was
substantiated;
ii. Where the
incident occurred; and
iii. The
name of the perpetrator and his or her relationship to the child
victim;
4. Whether the
child protection investigation determined that another child was abused or
neglected at the time of the incident. The name of that child shall not be
disclosed unless that child was a child fatality or near fatality as well;
and
5. To the extent it is
pertinent to the abuse or neglect that led to the fatality or near fatality,
information regarding the types of services provided by or through the
Division, both prior and subsequent to the child fatality or near fatality,
including service referrals given on behalf of the child victim, as well as the
services or referrals given on behalf of the child victim's surviving family
members, except as otherwise prohibited by law. No employee shall disclose the
name of a service provider.
Notes
See: 38 N.J.R. 1634(b), 39 N.J.R. 2115(b).
In the introductory paragraph of (a), substituted "a child protection" for "the Division's"; deleted "child" preceding "abuse" and "the Office of" following "prosecutor,", and inserted "or designee", "a representative of" and the second occurrence of "child protection"; in (a)2, inserted a comma following "ii"; in the introductory paragraph of (a)3 and in (a)4, substituted "child protection" for "Division's"; in (a)3i, deleted "child" preceding "abuse"; and in (a)5, inserted ", except as otherwise prohibited by law" and rewrote the last sentence.
Recodified from N.J.A.C. 10:133G-4.6 and amended by R.2015 d.073, effective
See: 46 N.J.R. 1535(a), 47 N.J.R. 896(b).
In the introductory paragraph of (a), updated the N.J.A.C. references, and substituted "Communications" for "Public Information"; in (a)2, updated the N.J.A.C. references; and in (a)5, substituted "To the extent it is pertinent to the abuse or neglect that led to the fatality or near fatality, information regarding the" for "The".
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