New Jersey Department of Human Services

1
New Jersey Department of Human Services

• Central Registry of Offenders Against Individuals
  with Developmental Disabilities

2
The Central Registry

• Created by New Jersey Statute, Title 306D 73 et
  seq.
• Landmark legislation- NJ is one of a handful of
  states to enact similar legislation to help
  protect individuals with developmental
  disabilities.
• Signed into law by Governor Christie on April 30,
  2010.
• Registry was implemented on October 27, 2010.

3
What is the Central Registry?

• A confidential web-based registry, maintained by
  DHS, of paid caregivers and volunteers determined
  by the Department to have abused, neglected or
  exploited an individual with a developmental
  disability.

4
Who Does the Central Registry Protect?

• Individuals with developmental disabilities
  receiving care or services from
• State-operated programs
• Facilities or programs licensed, contracted or
  regulated by DHS
• State-funded, community-based services.

5
Important Provision of the Registry Law Requires
Reporting of Abuse, Neglect or Exploitation

• Allegations of abuse, neglect or exploitation by
  a caregiver against a person with a developmental
  disability MUST be immediately reported to the
  Department of Human Services (DHS) by telephone
  or in-person.
• 1-800-832-9173

6
Who is Required to Report Allegations?

• The responsibility to report allegations
  applies to any person
• Employed or volunteering in a program, facility,
  community care residence or living arrangement-
  licensed or funded by DHS
• A person providing community-based services
• An employee of the Department.

7
Important Note for Agencies

• Agencies should follow the Departments reporting
  procedures by reporting allegations through the
  Unusual Incident
• Risk Management System.
• Reporting allegations through UIRMS satisfies
  reporting requirements.

8
Are There Consequences for Not Reporting?

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

9
What is Considered Abuse, Neglect or Exploitation?

• Examples of abuse include, but are not limited
  to
• Death
• Serious physical injuries- including head
  injuries, internal injuries, burns, exposure to
  or ingestion of noxious substances, bodily
  wounds, bone fractures, sprains or dislocations,
  human bites
• Injuries resulting in unexpected hospitalizations
  or trips to the emergency room.
• Acts of physical aggression, including kicking,
  punching, slapping, hair pulling or hitting.

10
Other Examples of Abuse (cont.)

• Mental or emotional impairment, not related to
  the underlying physical or emotional disabilities
  of the service recipient
• Risk of harm due to substance abuse by the
  caregiver or service recipient
• Acts that demean, humiliate or intimidate
• Use of unapproved restraints.

11
Other Examples of Abuse (cont.)

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

12
Examples of Neglect

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

13
Examples of Exploitation

• Theft or use of a service recipients property or
  private funds
• Misappropriation of a service recipients
  identity
• Having a service recipient perform labor for
  which he or she is not compensated.

14
The Law Provides

• Immunity from any civil or criminal liability and
  immunity from legal testimony as a result of
  reporting
• Option to seek court relief in situations of
  discrimination or discharge from employment when
  reporting allegations was made in good faith.

15
Who Can Be Placed on the Central Registry?

• An individual in the role of caregiver, who is
  determined through a DHS investigation to have
  abused, neglected or exploited an individual with
  a developmental disability.
• Caregiver is defined as a person who
• Receives state funding, directly or indirectly,
  in whole or in part, to provide services,
  supports, or both, to an individual with a
  developmental disability.
• Individual can be paid directly or indirectly by
  the state a contracted or licensed employee a
  volunteer, alternate or respite provider.

16
The law excludes immediate family members from
placement on the Central Registry

• Immediate Family means
• A parent or sibling child by blood, adoption,
  marriage or civil union spouse grandparent or
  grandchild.

17
Immediate Family Members in Care Giving Roles.

• May still be investigated for abuse, neglect or
  exploitation, and other acts, however, regardless
  of the finding, they cannot be placed on the
  Central Registry for Offenders Against
  Individuals with Developmental Disabilities.

18
Who Investigates Allegations for Possible
Placement on the Central Registry?

• The Departments Special Response Unit (SRU) will
  investigate the most serious allegations of
  abuse, neglect and exploitation in agency and
  community settings.
• The Departments Investigative Response Teams
  will investigate all allegations of abuse,
  neglect and exploitation in the Departments
  Developmental Centers.

19
Information Regarding a Registry Investigation is
Protected Information.

• Considered confidential and is not considered a
  public or government record
• Can only be disclosed under circumstances
  expressly authorized by DHS rules and
  regulations
• Cannot be disclosed if disclosure would likely
  endanger the life, safety, or physical or
  emotional well-being of an individual with a
  developmental disability or of any other person
• Cannot be disclosed if it may compromise the
  integrity of a departmental, civil or criminal
  investigation or judicial proceeding.

20
Consideration for Placement on the Registry
Begins with

• The findings of the Departments investigation.
• The investigating unit notifies the alleged
  perpetrator, and as applicable, also notifies the
  alleged perpetrators employer of its findings
• As appropriate, the alleged victim is notified
• As applicable, the alleged victims guardian is
  also notified of the investigative findings.

21
A Substantiated Finding is Based on the
Preponderance of Evidence Standard.

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

22
Elements for Consideration for Placement on the
Central Registry

• In addition to rendering a finding for an
  allegation, the Departments investigating unit
  will determine if any/all of the following
  additional elements also exist
• In cases of substantiated abuse, whether the
  caregiver acted intentionally, recklessly or with
  careless disregard resulting in an injury or
  exposing the individual to a potential injury.
• In cases of substantiated neglect, whether the
  caregiver acted with gross negligence,
  recklessness or evidenced a pattern of behavior
  that caused harm or placed an individual in
  harms way.

23
In Cases of Substantiated Abuse, a
Determination is Made as to Whether the Caregiver
Acted

• Intentionally
• Recklessly or,
• With careless disregard.
• to the well-being of the service recipient
  resulting in injury to an individual with a
  developmental disability or by exposing the
  individual to a potentially injurious situation.
  

24
What Do These Elements Mean?

• Intent the mental resolution or determination to
  commit an act.
• Recklessness the creation of a substantial and
  unjustifiable risk of harm to others by a
  conscious disregard for that risk.
• Careless disregard the lack of reasonableness
  and prudence in doing what a person ought not to
  do or not doing what ought to be done.

25
In Cases of Substantiated Neglect

• A determination will be made whether the
  caregiver acted with
• Gross Negligence
• Recklessness or,
• Evidenced a pattern of behavior that caused harm
  to an individual with a developmental disability
  or placed that individual in harms way.

26
What Do These Elements Mean?

• Gross Negligence A conscious, voluntary act or
  omission in reckless disregard of a duty and of
  the consequences to another party.
• Recklessness The creation of a substantial and
  unjustifiable risk of harm to others by a
  conscious disregard for that risk.
• Pattern of behavior A repeated set of similar
  wrongful acts.

27
In cases of a substantiated incident of
exploitation

• Any single act or set of acts that dispossesses a
  service recipient or group of service recipients
  of a monetary value of 100.00 or more.

28
In Cases of a Substantiated Finding

• The Departments investigating unit will notify
  the caregiver in writing, whether or not he or
  she will be considered for placement on the
  Central Registry.
• The investigating unit will also refer the matter
  to the DHS Commissioner or the Commissioners
  designee, who shall determine whether the
  perpetrator will be considered for inclusion on
  the Central Registry.

29
Departments Intention to Place an Individual on
the Central Registry

• Decision made by the Commissioner or their
  designee
• Results in Departmental notification to the
  perpetrator, perpetrators employer, and the
  licensing or contracting unit providing funding
  to the perpetrator of the intention to place on
  the Central Registry.

30
Notification will include

• The perpetrators name
• Unusual Incident Reporting (UIR) number
• Date upon which the decision was made
• Brief description of the incident and findings
• In cases of placement on the Central Registry, a
  summary of the right to appeal procedures.

31
Upon Placement on the Central Registry

• The individual shall cease all contact with
  persons with developmental disabilities, except
  immediate family members, for whom they directly
  or indirectly receive state funding.
• Note- upon notification of an allegation of
  abuse, neglect or exploitation, the Department,
  agencies or facilities may also take action as
  necessary to ensure the safety of the individual
  with a developmental disability.

32
Criteria for Placement on the Central Registry

• Based on a substantiated finding of abuse,
  neglect and/or exploitation
• Substantiated incident also involves any or all
  of the additional elements (i.e. intent,
  recklessness)
• Based on a departmental recommendation that the
  incident warrants inclusion of the individual on
  the Central Registry
• An informal hearing (if requested) with the
  perpetrator results in a determination that
  placement on the Central Registry is warranted

33
Individuals Identified for Placement on the
Central Registry

• Within 10 days of notification may seek the
  following
• An informal hearing with a representative of the
  Department
• Within 30 days of notification, may also seek the
  following
• An Administrative Hearing through the Office of
  Administrative Law.
• Appeal procedures are in accordance with the
• Administrative Procedures Act - (N.J.S.A.
  5214B-1)

34
Can an Individual Come Off the Central Registry?

• Yes.
• May be removed from the Central Registry during
  the appeal process if the Department determines
  an error has been made
• Otherwise, an individual placed on the Central
  Registry can seek to be removed after five years
• Individual seeking removal after five years, must
  demonstrate and evidence satisfactory
  rehabilitation based on identified criteria
  within DHS regulations to the Department.

35
The Central Registry

• Maintained by the Critical Incident Management
  Unit in the DHS, Office of Program Integrity and
  Accountability
• A web-based system that permits entities that
  employ caregivers in state-operated facilities or
  programs licensed, contracted or regulated by the
  Department, or those providing state funded
  community based services, to check the names of
  employees or prospective employees
• Agencies/providers who provide care giving
  services to individuals with developmental
  disabilities complete a Central Registry
  registration form for DHS approval to gain access
  the Central Registry
• Agency CEOs, State or Executive Directors are
  given a DHS issued, User ID and password

36
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.

37
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.

38
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.

39
Requirements/ Responsibilities of Facilities
Licensed, Regulated and/or Contracted Employers

• Obtain consent (available on DHS OPIA website)
  from caregivers and volunteers for checking their
  name against the Central Registry
• Obtain documentation that caregivers and
  volunteers are aware of their duty to report
  allegations and cooperate with an investigation
• Check current and prospective employees (before
  employment) against the Central Registry

40
Requirements/ Responsibilities (cont.)

• Document and maintain evidence that the Central
  Registry was checked on all existing and
  prospective employees and volunteers.
  Documentation must be available for Department
  review/inspection
• The law also applies to out-of-state facilities
  that contract with the Division of Developmental
  Disabilities
• Out-of-state providers for New Jersey are also
  required to conduct a similar check of their own
  system (if available).

41
This Central Registry and Regulations..

• Help ensure the safety and well-being of our most
  vulnerable clients.
• Thank you for your efforts in promoting and
  advancing this important process and protective
  tool.
• Questions/Additional Information-
• Visit the DHS website
• http//www.state.nj.us/humanservices/staff/opia/ce
  ntral_registry.html
• Or contact the DHS, Office of Program Integrity
  and Accountability at
• (1-609) 292-1617