New Jersey § 30:5b-32

§ 30:5b-32.

a. A unified child care agency contracted with the Department of Human Services pursuant

to N.J.A.C.10:15-2.1 , shall request that the Division of Child Protection and Permanency in the Department of Children and Families conduct a child abuse record information

check of the division's child abuse records, as promptly as possible, to determine

if an incident of child abuse or neglect has been substantiated, pursuant to section

4 of P.L.1971, c. 437 ( C.9:6-8.11 ), against: (1) a prospective approved home provider as defined in N.J.A.C.10:15-1.2 providing child care services under the “New Jersey Cares for Kids Program” established

pursuant to N.J.A.C.10:15-5.1 , or to a child whose parent is receiving assistance under the Work First New Jersey

program established pursuant to P.L.1997, c. 38 ( C.44:10-55 et seq. ) or is employed but continues to receive supportive services pursuant to the provisions

of section 5 of P.L.1997, c. 13 ( C.44:10-38 ); or (2) any adult member of the prospective provider's household. b. The division shall conduct the child abuse record information check only upon receipt

of the prospective approved home provider's or any adult household member's written

consent to the check. If the person refuses to provide his consent, the unified child care agency shall

deny the prospective approved home provider's application to provide child care services. c. If the division determines that an incident of child abuse or neglect by the prospective

approved home provider or any adult member of the household has been substantiated,

the division shall release the results of the child abuse record information check

to the unified child care agency pursuant to subsection g. of section 1 of P.L.1977,

c. 102 ( C.9:6-8.10a ) and the agency shall deny the prospective approved home provider's application to

provide child care services. d. Before denying the prospective approved home provider's application to provide

child care services, the unified child care agency shall give notice personally or

by certified or registered mail to the last known address of the prospective approved

home provider with return receipt requested, of the reasons why the application will

be denied. The notice shall afford the prospective approved home provider the opportunity to

be heard and to contest the agency's action. The hearing shall be conducted in accordance with the “Administrative Procedure

Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ). e. If a prospective approved home provider's application to provide child care services

is denied, the unified child care agency shall notify the parent of the child who

would be eligible to receive such services, personally and in writing, of the reasons

why the application was denied and the parent's right to select another provider. The parent shall keep such information confidential and shall not disclose the information

except as authorized by law.