[HISTORY: Adopted by the City Council of the City of Passaic 11-7-1985 as Ord. No. 889-85. Amendments noted where applicable.]
Every person, corporation or other entity, including the City of Passaic, who operates centers where children are cared for in any manner or who is under contract with the City of Passaic to provide child-care services shall be responsible for the recruitment of appropriate personnel, verification of credentials and references, screening of all current and future personnel and the selection of and hiring of all personnel necessary to furnish child-care services of any kind.
Such screening shall include, but not be limited to, the following steps:
Review of criminal convictions and pending criminal actions, upon receipt of the results of a police investigation, pursuant to § 100-3 hereof, provided that the operator shall not dismiss or permanently deny employment to current or prospective personnel merely because they are subjects of pending criminal action.
Make inquiry with the statewide central register of child abuse and maltreatment.
For prospective personnel, inquiry with the applicant's three most recent employers.
Each operator is authorized and required to have all current and prospective personnel fingerprinted by the appropriate agency. As a condition of employment and/or continued employment, the operator shall obtain written consent from all current and prospective child-care services personnel for fingerprinting and review of criminal records. Denial of such consent by any employee shall be grounds for dismissal or refusal to hire.
All fingerprinting, investigations and obtaining of criminal records shall be done by the Police Department of the City of Passaic. The results of such procedures shall be revealed to the person, corporation or other entity by the Police Department, and the person, corporation or other entity shall not reveal the results of such investigations to anyone other than personnel employed by such person, corporation or other entity who must see such results by virtue of their job duties, and to the current or prospective employee. Any violation of this section shall subject the offending party to a fine not to exceed $1,000 or a sentence of imprisonment of no more than 90 days, or both, in an appropriate proceeding in the Municipal Court of the City of Passaic.
The City of Passaic shall require appropriate documentation from the operator, indicating compliance with this chapter.
The requirements imposed upon operators of child-care service centers shall be incorporated in contracts for child-care services entered into between the city and such operators, and any violation thereof shall be a material breach of contract, sufficient to enable the city to terminate the contract, without liability to such operator.
The following definitions shall apply wherever such terms are specified in this chapter:
- CHILD-CARE SERVICE CENTERS
- Any location where services of any kind are provided with respect to children under the age of 18, except schools which are regulated by the state.
- CHILD-CARE SERVICES
- Any services performed at centers mentioned in these definitions.
- FAMILY DAY-CARE SERVICE CENTERS
- Any location where any services of any kind are provided with respect to children under the age of 18, except schools which are regulated by the state.
- Any person, corporation or other entity, including the City of Passaic, who are under contract with the city, County of Passaic, state and/or federal government to provide child-care services of any kind or who otherwise operate child-care service centers or family daycare service centers in the City of Passaic. This term shall also include the owner or owners of such child-care service center or such family day-care service center.
- Employees of child-care service centers, family day-care providers, members of their households and headstart employees.