[HISTORY: Adopted by the Township Council of the Township
of Delran 3-5-2019 by Ord. No. 2019-5. Amendments noted where applicable.]
The purpose of this chapter is to provide for the safety of
children engaged in youth programs by taking steps to provide for
the reasonable assurance that employees and volunteers for youth programs
have been subject to an arrest and criminal history record background
check and obtaining certifications from potential employees and volunteers
regarding relevant aspects of their employment history.
As used in this chapter, the following terms shall have the
meanings indicated:
A determination of whether a person has an arrest and/or
criminal record by cross-referencing that person's name and/or
fingerprints with those on file with the Federal Bureau of Investigation,
Identification Division, the New Jersey State Bureau of Identification
in the Division of State Police, and/or other agencies.
Any youth programs not sponsored by the Township of Delran,
but that utilize municipal facilities or have affiliation with a Township-sponsored
youth program and have contact with persons under the age of 18 years.
Any programs sponsored by the Township of Delran, including
any and all leagues, boards and commissions falling within the purview
of or acting for or on behalf of the Township of Delran and having
contact with persons under the age of 18 years.
Any organized program with participants that are under the
age of 18 that are sponsored by the Township of Delran; receive Township
funding for their programs and/or services; or utilize municipal facilities,
including buildings and/or fields of play, on a regular or recurring
basis.
A.
All individuals seeking to be employed by or volunteer for youth
programs, wherein they will be working directly with youth, shall
be required to submit to mandatory criminal history record and fingerprint
background checks, as defined above. This requirement shall apply
to new employees or volunteers as well as existing employees or volunteers,
and the requirement may not be waived by the youth program or any
other entity. This process shall be administered by the Township Chief
of Police or his/her designee, provided the designee is above the
rank of patrolman. All youth programs that have individuals subject
to this chapter shall direct those individuals to the Delran Township
Police Department background check submission forms, which shall be
processed through the Police Department prior to the individual being
able to participate in any youth program at a Township-owned facility.
Thereafter, every three years a new background check shall be required
pursuant to this chapter.
B.
All individuals seeking to be employed by or volunteer for youth
programs, wherein they will be working directly with youth, shall
also be required to certify, on forms supplied by the Township, that
his or her license and/or legal permission to practice, or be employed,
in any professional field has never been revoked or suspended by any
licensing agency and/or licensing board due to the individual's
private and/or professional misconduct arising out of sexual misconduct
or related to intentional actions deemed to be harmful to the physical,
psychological and/or emotional well-being of a person under the age
of 18. A certification indicating such revocation or suspension and/or
false certification declaring nonexistence of the same shall both
be grounds to disqualify a person from volunteering with or being
employed by youth-related activities. Such certification shall need
to be supplied every time a new background check is conducted pursuant
to this chapter.
C.
All individuals employed by or volunteering for youth programs pursuant to this chapter have a continuing obligation to self-report, to their youth programs and the Delran Township Police Department, any and all arrests, crimes and violations contained in § 84-6 and noncriminal sanctions described in this § 84-3. Individuals who self-report that they have been arrested for crimes and violations contained in § 84-6 and individuals who self-report that they have been notified of administrative proceedings for potential noncriminal sanctions described in this § 84-3 shall be temporarily suspended from participating in any capacity in any function for persons under the age of 18 years held at any Township-owned facilities until final adjudication and/or resolution of said arrest or administrative proceeding.
D.
The cost of background checks for individuals not participating in
a Township-sponsored program shall be borne by the individual or program
with which they are participating. The cost of background checks for
individuals participating in Township-sponsored youth programs shall
be borne by the Township.
E.
Individuals involved in Township-sponsored youth programs who are required to undergo background checks shall be given an interim approval for participation only after submission to a background check pursuant to this chapter. Interim approvals shall only be valid for the period of time that it takes to receive background checks results. Such interim approval shall not be valid for a period of time exceeding 30 days. Only one interim approval may be granted per individual. All individuals seeking an interim approval shall provide a valid photo driver's license or other acceptable photo identification to the Delran Township Police Department for a temporary identification badge and sign a preapproved form attesting that the individual shall comply with the chapter requirements and that to the individual's knowledge, he or she will be qualified to pass the criminal background check and certify that their legal permission to practice, or be employed, in any professional field has never been revoked for reasons outlined in Subsection B of this section.
A.
All youth program officers or leaders are required to make all reasonable
efforts to comply with the requirements of this chapter. It is the
responsibility of the youth programs to coordinate with the Delran
Township Chief of Police to ensure that annual background checks are
being administered in compliance with this chapter. The youth programs,
through a designated officer or leader, shall maintain records including
the names of all employees and volunteers and the date of their last
background check and shall file an annual roster, on forms supplied
by the Township, of employees and volunteers that are required to
participate in the background check procedures of this chapter. The
youth program officers and/or leaders shall sign the roster certifying
the accuracy and completeness of the roster and employees' and
volunteers' names.
B.
In the event that the youth program already has a background check
policy and procedure in place, the Township will accept the results
from the administration of that policy, provided the policy and results
are disclosed to the Township and the Township is satisfied that the
policy and procedures are sufficient to satisfy the standards and
purpose of this chapter.
Employees or volunteers deemed to have passed the background
check shall be issued identification cards with appropriate expirations
based upon the date of their individual background check. Individuals
issued identification cards are required to display their card while
in performance of their duty involving youth programs.
A.
Upon receipt of a completed background check, the Delran Township Police Department shall notify the applicant and the president or leader of the program of affirmative or negative results. The determination of the State Police and/or Federal Bureau of Investigation shall be based upon § 84-6B of this chapter. Details in the background check that result in a negative determination shall not be disclosed to the Delran Township Administrator or any other Township official or employee and are only available to the applicant upon making a formal request to the State Bureau of Investigation, except in those instances where an individual requests an appeal pursuant to § 84-7 of this chapter.
B.
In the event the criminal background check reveals any prior convictions
for crimes or offenses which negatively impact the health, safety
and welfare of children, said person shall not be qualified to participate
in any capacity in any function for persons under the age of 18 years
held at any Township-owned facilities. Such offenses shall include,
but not be limited to:
(1)
In New Jersey, any crime or disorderly persons offense:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons offenses set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:12-1
et seq., N.J.S.A. 2C:13-1 et seq., N.J.S.A. 2C:14-1 et seq. or N.J.S.A.
2C:15-1 et seq.;
(b)
Against the family, children or incompetents, meaning those
crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1
et seq.;
(d)
Involving any controlled dangerous substance or controlled dangerous
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.A.
2C:35-10.
C.
The list of crimes and violations contained in this section is for
illustrative purposes only and shall not be construed as a limitation
on those criminal activities or violations that would be grounds to
disqualify a person from assisting with youth-related activities as
indicated herein depending on the nature and type of offense committed.
D.
In the event the criminal background check reveals an arrest record for crimes or offenses identified in Subsections B and C of this section, said person shall be temporarily disqualified from participating in any capacity in any function for persons under the age of 18 years held at any Township-owned facilities until final adjudication and/or resolution of the arrest(s).
E.
In the event that an individual provides false information on a certification required in § 84-3B, said person shall not be qualified to participate in any capacity in any function for persons under the age of 18 years held at any Township-owned facilities.
F.
In the event it comes to the Township's attention that administrative proceedings have been initiated against an individual for potential noncriminal sanctions based on violations outlined in § 84-3B, said person shall be temporarily disqualified from participating in any capacity in any function for persons under the age of 18 years held at any Township-owned facilities until final adjudication and/or resolution of the administrative proceedings.
G.
Refusal by individuals required to submit to background checks will
result in an immediate dismissal of the individual from any Township-sponsored
activities requiring background checks. In addition, refusal to comply
with this chapter by any individual falling within the scope of requirements
for nonsponsored youth programs will forfeit that individual's
ability to participate with the respective program.
A.
Any individual who is disqualified under this chapter may appeal
his or her disqualification as follows:
B.
A challenge to the accuracy of the background check or other information
in the Township's possession affecting an individual's qualification
shall be filed with the Delran Township Chief of Police, and the individual
shall bear the burden of rebutting the accuracy of the report or information
with evidence deemed to be satisfactory at the sole discretion of
the Chief of Police.
C.
An appeal based on rehabilitation shall be made to an Appeals Board
which shall consist of the Chairperson of the Recreation Advisory
Committee, the Delran Township Chief of Police, and the Delran Township
Administrator. Any such appeal must be made within 30 days of receipt
of the notice of disqualification and filed, in writing, with the
Delran Township Chief of Police in an envelope marked confidential.
D.
In determining whether a person has affirmatively demonstrated rehabilitation,
the Appeals Board shall consider the following factors:
(1)
The nature and responsibility of the position which the individual
would hold if approved.
(2)
The nature and responsibility of any previous similar positions held
related to youth activities and youth sports activities.
(3)
The nature and seriousness of the offense or noncriminal violation.
(4)
The circumstances under which the offense or noncriminal violation
occurred.
(5)
The date of the offense or noncriminal violation.
(6)
The age of the person when the offense or noncriminal violation was
committed.
(7)
Whether the offense or noncriminal violation was an isolated or repeated
incident.
(8)
Any other evidence considered relative concerning rehabilitation,
including community service or the recommendation of those who have
had the individual under their supervision or who have a work or community
history with the individual.
E.
If the Appeals Board determines that the disqualified individual
has been successfully rehabilitated, it shall enter that individual's
name on the list of qualified individuals maintained by the Township
Administrator. If the Appeals Board denies the appeal, it shall advise
the individual in writing. All appeals and information relating to
an appeal shall remain confidential.
Any and all criminal background checks obtained from the State
Bureau of Identification in the New Jersey State Police or the Federal
Bureau of Investigation shall be filed and maintained in a secured
and locked cabinet or room at the Delran Police Department Records
Bureau in the Criminal Investigation Division Building, which shall
take custody and maintain such records which shall not be available
to the public. The Delran Township Police Department personnel in
the Records Bureau shall take appropriate steps to safeguard such
records. The records shall be exempt from public disclosure under
the common law, the Open Public Records Act and the New Jersey Right
to Know Law.[1] In addition, the Delran Township Administrator shall not
reveal the affirmative or negative response from the State Police
based upon the findings of the background check except as provided
in this chapter. No Delran Township official or employee shall have
access to the criminal background checks other than individuals in
the Delran Township Police Department Records Bureau whose only access
shall be to take custody and maintain the files as provided for in
this section. The records shall only be retained for such period of
time as is necessary to serve their intended and authorized purpose.
The Delran Township Administrator shall be the contact person for
Delran Township for the VRO Program of the State Police.
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
This chapter shall not apply to volunteers who participate in
one-day events organized and authorized by the Township Council through
the assistance and advice of the Recreation Advisory Committee. A
representative of the Recreation Advisory Committee shall provide
the Delran Township Police Department with a separate list of volunteers
for every such one-day event, and said list shall include the full
name and address of every volunteer who intends to participate in
said event.
