Codifies and revises background check and other requirements for certain individuals working with children.

S3271

SENATE, No. 3271

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 2, 2026

Sponsored by:

Senator� KRISTIN M. CORRADO

District 40 (Bergen, Essex and Passaic)

Co-Sponsored by:

Senator Henry

SYNOPSIS

���� Codifies and revises background check and other
requirements for certain individuals working with children.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning the requirements for certain
individuals to work with children and supplementing Title 30 and Title 53 of
the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� As used in this act:

���� �Behavioral assistance
services� means concrete, outcome-oriented interventions that are components of
a written, detailed plan of care prepared by a licensed behavioral healthcare
practitioner, and authorized by the contracted system administrator or other
agency designated by the Department of Human Services or the Department of
Children and Families, which includes an evaluation of the identified behavior
and recommendations for specific interventions with definable outcomes and
strategies with the goal of restoring, rehabilitating, or maintaining the
child�s, youth�s, or young adult�s capacity to successfully function in the
community and diminish the need for a more intensive level of care.

���� �Child, youth, or young adult�
means a Medicaid beneficiary under 21 years of age, a NJ FamilyCare-Plan B or
Plan C beneficiary under 19 years of age, or an individual receiving services
under the Children�s System of Care who is not eligible for Medicaid or NJ
FamilyCare who is under 21 years of age.

���� �Children�s System of Care�
means the Children�s System of Care in the Department of Children and Families.

���� �Contracted system
administrator� means an administrative organization contracted by, and serving
as an agent of, the Department of Children and Families to provide utilization
management, care coordination, quality management, and information management
for the Children�s System of Care in its administration of the locally managed
system of care providing mental and behavioral health services and supports to
eligible children, youth, and young adults.

���� �Department� means the
Department of Human Services.

���� �Division� means the Division
of Medical Assistance and Health Services in the Department of Human Services.

���� �Intensive in-community mental
health rehabilitation services� means an array of mental health rehabilitation
services delivered in community-based settings, and not in provider offices or
office settings, which services:� address symptom reduction and are restorative
and preventative in nature; target problem solving and strengthening adaptive
and coping skills to restore or maintain the child�s, youth�s, or young adult�s
ability to function in the community; and are provided as part of an approved
plan of care and encompass a variety of mental health services, including, but
not limited to, group, individual, or family therapy, allied behavioral
therapies and modalities, clinical consultation and evaluation, instruction in
anger management, parenting skills, problem solving and stress reduction
techniques, psycho-educational services, and counseling.

���� 2.��� a.� A behavioral
assistance services program or an intensive in-community mental health
rehabilitation services program shall, as a condition of securing or
maintaining approval as a Medicaid provider, ensure that a fingerprint-based criminal
history record background check is conducted on all current and prospective staff
members of the program who provide or will provide direct services to children,
youth, or young adults.� The behavioral assistance services program or
intensive in-community mental health rehabilitation services program may assume
the cost of the fingerprint-based criminal history record background check required
pursuant to this section, or may require that the staff member or applicant
assume the cost of the fingerprint-based criminal history record background
check.

���� b.��� The division is
authorized to exchange fingerprint data with, and to receive information from,
the Division of State Police in the Department of Law and Public Safety and the
Federal Bureau of Investigation.

���� c.���� A current staff member
or applicant for employment with a behavioral assistance services program or an
intensive in-community mental health rehabilitation services program shall be
permanently disqualified from employment at a behavioral assistance services
program or intensive in-community mental health rehabilitation services program
if the staff member or applicant:

���� (1)�� refuses to consent to,
or cooperate in, the securing of a fingerprint-based criminal history record
background check;

���� (2)�� knowingly makes a
materially false statement in connection with a criminal history record
background check;

���� (3)�� is registered, or is
required to be registered, on a State sex offender registry or repository, or
in the National Sex Offender Registry established under the "Adam Walsh
Child Protection and Safety Act of 2006," 42 U.S.C. s.16901 et seq.; or

���� (4)�� is found by a criminal
history record background check to have a record of conviction for any of the
following crimes and offenses:

���� (a)�� a crime against a child,
including endangering the welfare of a child and child pornography pursuant to
N.J.S.2C:24-4, and child molestation as set forth in N.J.S.2C:14-1 et seq.;

���� (b)�� abuse, abandonment, or
neglect of a child pursuant to R.S.9:6-3;

���� (c)�� endangering the welfare
of an incompetent person pursuant to N.J.S.2C:24-7;

���� (d)�� sexual assault, criminal
sexual contact, or lewdness pursuant to N.J.S.2C:14-2 through N.J.S.2C:14-4;

���� (e)�� murder pursuant to
N.J.S.2C:11-3 or manslaughter pursuant to N.J.S.2C:11-4;

���� (f)�� stalking pursuant to
P.L.1992, c.209 (C.2C:12-10);

���� (g)�� kidnapping and related
offenses including criminal restraint; false imprisonment; interference with
custody; criminal coercion; or enticing a child into a motor vehicle,
structure, or isolated area pursuant to N.J.S.2C:13-1 through C.2C:13-6;

���� (h)�� arson pursuant to
N.J.S.2C:17-1, or causing or risking widespread injury or damage which would
constitute a crime of the second degree pursuant to N.J.S.2C:17-2;

���� (i)��� terroristic threats
pursuant to N.J.S.2C:12-3;

���� (j)��� aggravated assault,
which would constitute a crime of the second or third degree pursuant to
subsection b. of N.J.S.2C:12-1;

���� (k)�� robbery, which would
constitute a crime of the first degree pursuant to N.J.S.2C:15-1;

���� (l)��� burglary, which would
constitute a crime of the second degree pursuant to N.J.S.2C:18-2;

���� (m)� domestic violence
pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.);

���� (n)�� any drug related offense
committed within the preceding five-year period; or

���� (o)�� an attempt or conspiracy
to commit any of the crimes or offenses listed in subparagraphs (a) through (n)
of this paragraph.

���� d.��� For the purposes of
subsection c. of this section, a person shall be deemed to have a disqualifying
record of conviction if the person has been convicted in New Jersey of any of
the crimes listed in subsection c. of this section, or if the person has been
convicted in any other state or jurisdiction of conduct which, if committed in
New Jersey, would constitute any of the crimes or disorderly persons offenses
described in that subsection.

���� e.���� Notwithstanding the
provisions of this section to the contrary, a person shall not be disqualified
from employment under this section on the basis of any conviction disclosed by
a criminal history record background check without an opportunity to challenge
the accuracy of the disqualifying criminal history record pursuant to the
provisions of section 6 of P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill).

���� f.���� For crimes and offenses
other than those cited in subsection c. or subsection d. of this section, an
applicant for employment with or a staff member of a behavioral assistance
services program or an intensive in-community mental health rehabilitation services
program may be eligible for employment at the program if the division
determines that the person has affirmatively demonstrated to the division clear
and convincing evidence of the person's rehabilitation pursuant to subsection
g. of this section.

���� g.��� In determining whether a
person has affirmatively demonstrated rehabilitation, the following factors
shall be considered:

���� (1)�� the nature and
responsibility of the position at the behavioral assistance services program or
intensive in-community mental health rehabilitation services program which the
convicted person would hold, has held, or currently holds, as the case may be;

���� (2)�� the nature and
seriousness of the offense;

���� (3)�� the circumstances under
which the offense occurred;

���� (4)�� the date of the offense;

���� (5)�� the age of the person
when the offense was committed;

���� (6)�� whether the offense was
an isolated or repeated incident;

���� (7)�� any social conditions
which may have contributed to the offense; and

���� (8)�� any 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.

���� h.��� The division shall make
the final determination regarding the employment of an applicant or staff
member with a criminal conviction.

���� i.���� If a behavioral
assistance services program or an intensive in-community mental health
rehabilitation services program has knowledge that a staff member has criminal
charges pending against the staff member, the owner or sponsor of the program
shall promptly notify the division to determine whether any action concerning
the staff member is necessary in order to ensure the safety of the children,
youth, and young adults who attend the program.

���� j.���� A staff member shall
not be left alone as the only adult caring for a child, youth, or young adult
at a behavioral assistance services program or an intensive in-community mental
health rehabilitation services program until the staff member has successfully
completed the fingerprint-based criminal history record background check
required pursuant to this section.

���� 3.��� a.� A behavioral
assistance services program or intensive in-community mental health
rehabilitation services program that has received an application from a person
seeking employment with the program or that currently employs a staff member
shall be immune from liability for acting upon or disclosing information about
the applicant or employee�s disqualification from employment with the program
or termination of employment with the program to another behavioral assistance
services program or intensive in-community mental health rehabilitation
services program seeking to employ that person if the program has:

���� (1)�� received notice from the
division that the applicant or staff member, as applicable, has been determined
by the division to be disqualified from employment in a behavioral assistance
services program or an intensive in-community mental health rehabilitation
services program pursuant to section 2 of this act; or

���� (2)�� terminated the
employment of a staff member because the person was disqualified from
employment at the program on the basis of a conviction of a crime pursuant to
section 2 of this act after commencing employment at the program.

���� b.��� A behavioral assistance
services program or intensive in-community mental health rehabilitation
services program which acts upon or discloses information pursuant to
subsection a. of this section shall be presumed to be acting in good faith
unless it is shown by clear and convincing evidence that the program acted with
actual malice toward the person who is the subject of the information.

���� 4.��� a.� A behavioral
assistance services program or intensive in-community mental health
rehabilitation services program shall, as a condition of securing or
maintaining approval as a Medicaid provider, ensure and maintain documentation
that each employee has a valid driver�s license if the employee�s job functions
include the operation of a vehicle used in the transportation of children,
youth, or young adults, or their family members or caregivers.

���� b.��� A behavioral assistance
services program or intensive in-community mental health rehabilitation
services program shall, as a condition of securing or maintaining approval as a
Medicaid provider, ensure and maintain documentation that each employee has
attained the minimum educational and other training and certification
requirements for the staff member�s role within the program.

���� 5.��� Each behavioral
assistance services program and intensive in-community mental health
rehabilitation services program shall annually certify to the division, no
later than March 1 of each year, that the program is in full compliance with
the requirements of this act.� The division shall conduct periodic reviews of
the records of behavioral assistance services programs and intensive
in-community mental health rehabilitation services programs to determine
compliance with the requirements of this act.� A behavioral assistance services
program or intensive in-community mental health rehabilitation services program
that submits a false certification pursuant to this section shall be liable to
a civil penalty of up to $10,000, which penalty shall be collected by the
division in summary proceedings before a court of competent jurisdiction
pursuant to the provisions of the �Penalty Enforcement Law of 1999, P.L.1999,
c.274 (C.2A:58-10 et seq.).

���� 6.��� a.� The Assistant
Commissioner of the Division of Medical Assistance and Health Services in the
Department of Human Services is authorized to exchange fingerprint data with,
and to receive information from, the Division of State Police in the Department
of Law and Public Safety and the Federal Bureau of Investigation.

���� Upon receipt of the criminal
history record information for an applicant or staff member of a behavioral
assistance services program or intensive in-community mental health
rehabilitation services program from the Federal Bureau of Investigation and
the Division of State Police, the Division of Medical Assistance and Health
Services in the Department of Human Services shall notify the applicant or
staff member, as applicable, and the behavioral assistance services program or
intensive in-community mental health rehabilitation services program, in
writing, of the applicant's or staff member's qualification or disqualification
for employment or service under P.L.��� , c.��� (C.������� ) (pending before
the Legislature as this bill).� If the applicant or staff member is
disqualified, the convictions that constitute the basis for the
disqualification shall be identified in the written notice to the applicant or
staff member.� The applicant or staff member shall have 14 days from the date
of the written notice of disqualification to challenge the accuracy of the
criminal history record information.� If no challenge is filed or if the
determination of the accuracy of the criminal history record information upholds
the disqualification, the Division of Medical Assistance and Health Services
shall notify the program that the applicant or staff member has been
disqualified from employment.

���� b.��� The Division of State
Police shall promptly notify the Division of Medical Assistance and Health
Services in the Department of Human Services in the event an applicant or staff
member who was the subject of a criminal history record background check conducted
pursuant to subsection a. of this section, is convicted of a crime or offense
in this State after the date the background check was performed.� Upon receipt
of such notification, the Division of Medical Assistance and Health Services
shall make a determination regarding the employment of the applicant or staff
member.

���� 7.��� The Assistant
Commissioner of the Division of Medical Assistance and Health Services in the
Department of Human Services shall adopt rules and regulations, pursuant to the
�Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), as shall
be necessary to implement the provisions of this act.

���� 8.��� This act shall take
effect immediately.

STATEMENT

���� This bill requires behavioral
assistance services programs and intensive in-community mental health
rehabilitation services programs (programs) to ensure that all staff members
who provide direct services to children, youth, or young adults have completed
a fingerprint-based criminal history record background check, that each staff
member who transports children, youth, young adults, or their family members or
caregivers as part of the staff member�s job functions, has a valid driver�s
license, and that staff members meet the minimum educational and other
requirements for their roles within the program.� Programs may assume the cost
of the fingerprint-based criminal history record background check or may
require that the staff member or applicant assume the cost of the background
check.

���� The Division of Medical
Assistance and Health Services (DMAHS) in the Department of Human Services will
be authorized to exchange fingerprint data with, and to receive information
from, the Division of State Police in the Department of Law and Public Safety
and the Federal Bureau of Investigation.

���� A current staff member or
person applying for employment with a program will be permanently disqualified
from employment with a program if the staff member or person:

���� 1)��� refuses to consent to,
or cooperate in, the securing of a fingerprint-based criminal history record
background check;

���� 2)��� knowingly makes a
materially false statement in connection with a criminal history record
background check;

���� 3)��� is registered, or is
required to be registered, on a State sex offender registry or repository, or
in the National Sex Offender Registry established under the "Adam Walsh
Child Protection and Safety Act of 2006," 42 U.S.C. s.16901 et seq.; or

���� 4)��� is found by a criminal
history record background check to have a record of conviction for attempting
to commit, conspiring to commit, or committing certain enumerated crimes and
offenses, including:� certain sexual offenses; abuse, abandonment, or neglect
of a child; endangering the welfare of an incompetent person; murder or
manslaughter; stalking; kidnapping and related offenses; arson or causing or
risking widespread injury or damage; terroristic threats; certain aggravated
assault offenses; first degree robbery; second degree burglary; domestic
violence; and certain drug related offenses.

���� A person will similarly be
disqualified from employment with a program if the person is convicted of any
equivalent offense in any other state or jurisdiction.�

���� The bill prohibits staff
members from being left alone as the only adult caring for a child, youth, or
young adult at a program until the staff member has successfully completed the
fingerprint-based criminal history record background check.� A person found to
have a disqualifying conviction will have the opportunity to challenge the
accuracy of the disqualifying criminal history record.

���� For convictions for crimes and
offenses other than those expressly enumerated in the bill, the person may be
eligible for employment at a program if the DMAHS determines that the person
has affirmatively demonstrated clear and convincing evidence of the person's
rehabilitation.� In determining whether a person has affirmatively demonstrated
rehabilitation, the following factors will be considered:

���� 1)��� the nature and
responsibility of the position at the program which the convicted person would
hold, has held, or currently holds, as the case may be;

���� 2)��� the nature and
seriousness of the offense;

���� 3)��� the circumstances under
which the offense occurred;

���� 4)��� the date of the offense;

���� 5)��� the age of the person
when the offense was committed;

���� 6)��� whether the offense was
an isolated or repeated incident;

���� 7)��� any social conditions
which may have contributed to the offense; and

���� 8)��� any 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.

���� The DMAHS will make the final
determination regarding the employment of an applicant or staff member with a
criminal conviction.� If a program has knowledge that a staff member has pending
criminal charges, the owner or sponsor of the program will be required to promptly
notify the DMAHS to determine whether any action concerning the staff member is
necessary in order to ensure the safety of the children, youth, and young
adults who attend the program.

���� A program that has received an
employment application or currently employs a staff member will be immune from
liability for acting upon or disclosing information about the person�s
disqualification from or termination of employment to another program seeking
to employ that person if the program has either:� 1) received notice from the
DMAHS that the applicant or staff member is disqualified from employment in a
program; or 2) terminated the person�s employment based on a disqualifying
conviction.� A program that acts upon or discloses information under these
circumstances will be presumed to be acting in good faith unless it is shown by
clear and convincing evidence that the program acted with actual malice toward
the person who is the subject of the information.

���� Program will be required, as a
condition of securing or maintaining approval as a Medicaid provider, to ensure
and maintain documentation that:� 1) each employee has a valid driver�s license
if the employee�s job functions include the operation of a vehicle used in the
transportation of children, youth, or young adults, or their family members or
caregivers; and 2) each employee has attained the minimum educational and other
training and certification requirements for the staff member�s role within the
program.

���� Each program will be required
to annually certify to the DMAHS, no later than March 1 of each year, that the
program is in full compliance with the requirements of the bill.� The DMAHS
will be required to conduct periodic reviews of the records of programs to
determine compliance.� A program that submits a false certification will be
liable to a civil penalty of up to $10,000.