{"data":{"id":"us-nj/n.j.-stat.-26-2y-5","jurisdiction":"us-nj","citation":"N.J. Stat. § 26:2Y-5","heading":"Criminal history record background check for applicants for licensure as adult family caregiver.","body":"5. a. The department shall establish a program to check the criminal history record background of any applicant for licensure as an adult family care caregiver as well as any person who may act as a substitute caregiver, as defined by regulation of the commissioner, and any non-client 18 years of age or above who resides in the adult family care home.  The criminal history record background check shall include the exchange of fingerprint data with, and the receipt of criminal history record information from, the Federal Bureau of Investigation and the Division of State Police.\nb.\tA person shall be disqualified from being licensed as an adult family care caregiver or acting as a substitute caregiver if the check of his criminal history record background reveals a conviction for any of the following crimes or offenses, and a home shall be disqualified from being approved as an adult family care home if the criminal history record background check of any non-client 18 years of age or older who resides in the home reveals a conviction for any of the following crimes or offenses:\n(1)\tIn New Jersey, any crime or disorderly persons offense:\n(a)\tinvolving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.2C:11-1 et seq., N.J.S.2C:12-1 et seq., N.J.S.2C:13-1 et seq., N.J.S.2C:14-1 et seq., or N.J.S.2C:15-1 et seq.; or\n(b)\tagainst the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.2C:24-1 et seq.; or\n(c)\tinvolving theft as set forth in chapter 20 of Title 2C of the New Jersey Statutes; or\n(d)\tinvolving any controlled dangerous substance or controlled substance analog as set forth in chapter 35 of Title 2C of the New Jersey Statutes except paragraph (4) of subsection a. of N.J.S.2C:35-10; or\n(e)\tany other crime or disorderly persons offense substantially related to the qualifications or duties of an adult family care caregiver.\n(2)\tIn any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in paragraph (1) of this subsection.\nc.\tNotwithstanding the provisions of subsection b. of this section to the contrary, an applicant shall not be denied a license when the person found to have a conviction as specified in subsection b. of this section affirmatively provides evidence satisfactory to the department of the person's rehabilitation.  In determining the person's rehabilitation, the department shall consider the following factors, as applicable:\n(1)\tthe nature and seriousness of the offense;\n(2)\tthe circumstances under which the offense occurred;\n(3)\tthe date of the offense;\n(4)\tthe age of the person when the offense was committed;\n(5)\twhether the offense was an isolated or repeated incident;\n(6)\tany social conditions which may have contributed to the offense; and\n(7)\tany evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of those who have had the person under their supervision.\nd.\tUpon receipt of the criminal history record and a determination that an applicant should be disqualified from acting as a caregiver or that a home should be disqualified as an adult family care home, the department shall so notify the applicant in writing.  The notice shall specify the convictions upon which the disqualification is based.\nL.2001,c.304,s.5.","path":["TITLE 26 HEALTH AND VITAL STATISTICS"],"source_url":"https://pub.njleg.state.nj.us/statutes/STATUTES-TEXT.zip","current_through":"P.L.2025, c.405, and J.R.22","vintage":"","retrieved_at":"2026-08-27T17:54:13Z","sha256":"b6eb2f030dcafccb4b8f4e80d8d1fbb02269f994456cc139a1d659a5c96922a6","source_id":"us-nj","stale":true,"prev":"us-nj/n.j.-stat.-26-2y-4","next":"us-nj/n.j.-stat.-26-2y-6"},"notice":"GroundRules: Original legal text. Not legal advice."}