N.J. Admin. Code § 3A:3-2.3

Current through Register Vol. 56, No. 16, August 19, 2024

Section 3A:3-2.3 - Third-party information

(a) The Division shall not disclose any of the following to any person, including clients, former clients, parents or guardians of current or former clients, and third parties:

1. Any third-party report, unless the Division receives prior written consent from the third party and release is not prohibited by law or regulation;

2. Any record containing information identifying a third-party source of information, for example, reporter, other family member, or collateral contact, unless the Division receives prior written consent from the third party and disclosure is not prohibited by law or regulation;

3. Unredacted, confidential information about another person, except with the express written consent of the other person and when not prohibited by law or regulation; or

4. Information, which would, if disclosed to the client, be likely to endanger any person's life or safety as based on the client's known past behavior and threats against himself, herself, or others. The Division representative shall base the determination on the Division representative's and his or her supervisor's evaluation of the nature and seriousness of the case and an assessment of the client's propensity for violence and harm to the child and others.

(b) When the Division seeks to use a third-party report to process a residential placement or other service, or apply for government benefits, the Division shall inform and obtain the consent of the third party at the time of request that the information may be disclosed to others to obtain a needed service or government benefit.

(c) The Division shall disclose third-party reports to an agency or person who is subject to standards of confidentiality comparable to those of the Division, such as a physician, psychotherapist, health agency, or mental health agency, when:

1. The Division has guardianship or custody of the child;

2. Disclosure of the information is necessary for the child's or parent's care, treatment, or supervision;

3. Disclosure is not prohibited by law or regulation;

4. The Division has considered the risk of harm to the child and others; and

5. The third party has given his or her consent, in accordance with (b) above.

N.J. Admin. Code § 3A:3-2.3

Amended by R.2007 d.157, effective 5/21/2007.
See: 38 N.J.R. 1634(b), 39 N.J.R. 2115(b).
In the introductory paragraphs of (a) and (a)1 and in (a)2, inserted "representative"; in (a)1ii, substituted "Human Immunodeficiency Virus (HIV)" for "HIV"; in (a)2, substituted "for example, reporter," for "e.g., referral sources"; in (a)3, substituted "or" for "and" preceding "regulation"; and in (a)4, substituted "The Division representative shall base the determination" for "This determination shall be based".
Amended by R.2015 d.073, effective 5/4/2015.
See: 46 N.J.R. 1535(a), 47 N.J.R. 896(b).
Section was "Third party information". Rewrote the section.