TRENTON -- Nearly eight percent of workers hired to take care of people with developmental disabilities have evaded a state law requiring they undergo a criminal background check, according to a report Tuesday by the Office of the State Auditor.
Even some who complied and were flagged for having a criminal record sometimes got hired anyway, the audit found. State law leaves the hiring decisions up to the 570 group home and supervised housing providers in New Jersey, who could decide an individual "has affirmatively demonstrated clear and convincing evidence of...rehabilitation," the audit said.
The practice allowed one unidentified housing provider to hire a paroled convicted murderer. When the auditors pointed out the worker's record, the employer called it "an oversight" and fired the employee immediately, the report said.
That law ought to change, according to the report submitted by State Auditor Stephen M. Eells and Assistant Auditor John Termyna.
"Allowing the provider to make criminal history determinations stands in contrast to the manner in which criminal background checks are handled by other state departments," such as Education and Children and Families, the audit said.
People with autism and other developmental disabilities rely on direct care staff for help with everyday activities -- feeding, dressing and bathing, transporting them to jobs and social programs. The pay is relatively low, starting at $10.50 an hour, the work is demanding. Turnover is high.
A review of 2,340 employee found 175, or 7.5 percent, did not have a record of a background check in their file, the audit said, urging the department to identify and close the loopholes.
"The department should improve its monitoring of background checks by reviewing all employee files," according to the report.
In a written response included in the audit, acting Human Services Commissioner Elizabeth Connolly said she would consider a change in the law giving her staff power "to make employment fitness determinations of all community residence provider employees."
Connolly also noted that Stephen Komninos Law, Gov. Chris Christie signed earlier this month, "will enhance the review of employees' fitness for work," as it requires drug testing as a condition for employment and random tests for cause.
The majority of people who work in the state's 2,300 licensed group homes, supervised apartments and community care residents submitted to state and federal background checks and fingerprinting before they were hired, according to the report. The state Central Fingerprinting Unit logged 47,700 records from 2013 to 2016, finding 4,087 had committed a state crime.
When investigators randomly pulled the files on 147 active employees, it found 19 had "criminal histories that may be disqualifying, including drug and assault offenses," and another 40 whose records did not contain enough information to make a determination, according to the report.
A separate federal criminal background check found 72 people out of 53,200 screened had committed "disqualifying offenses" such as murder armed robbery and endangering the welfare of a child. Still, auditors found nine of the 72 were working, including the paroled murderer.
Tom Baffuto, executive director of The Arc of New Jersey, a statewide advocacy group for families and private agencies that serve them, said his organization helped pass the law requiring criminal background checks some 20 years ago. he expressed concern there are gaps in the system,
"We want the system to be as safe as possible. If there are problems with the background checks, we would look to make (the law) stronger," Baffuto said. "Our responsibility is to dig deeper."
Baffuto said The Arc is trying to improve the quality of life inside group homes by making the jobs more enticing. The Arc and other provider agencues persuaded Christie and the state Legislature to include $20 million in the budget this year to boost the salaries of direct care staff by $1.25 an hour.
The goal is to raise the starting wage to $16.25 an hour in the next five years, with continued state budget support, Baffuto said. "Then we will be able to attract and retain the workforce that we need," he said.
The report may be found at http://www.njleg.state.nj.us/legislativepub/auditor/544816.pdf
Susan K. Livio may be reached at slivio@njadvancemedia.com. Follow her on Twitter @SusanKLivio. Find NJ.com Politics on Facebook.