Passaic, NJ Building Safety: Childcare Center Rules (2026)
Key Facts
- Adopted
- Nov. 7, 1985, Ord. No. 889-85
- Required screening
- fingerprint, criminal check, state abuse registry, references
- Who performs checks
- Passaic Police Department exclusively
- Confidentiality breach penalty
- up to $1,000 fine or 90 days jail
- Covers
- any center serving children under 18 (not schools)
Summary
Every operator of a child-care center in Passaic, including anyone under contract with the city, must recruit, verify credentials for, and screen all personnel under Code of the City of Passaic § 101-1. Required screening covers fingerprinting, a criminal-record review, a check with the statewide child-abuse registry, and reference calls to an applicant's three most recent employers.
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: (1) Fingerprinting. (2) 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. (3) Make inquiry with the statewide central register of child abuse and maltreatment. (4) For prospective personnel, inquiry with the applicant's three most recent employers.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4978046; v41 updated 2026-07-01; through 07-01-2026).
Full Breakdown
Chapter 101, adopted November 7, 1985 by Ord. No. 889-85, applies to "every person, corporation or other entity, including the City of Passaic," that operates a location where children are cared for, or that contracts with the city to provide child-care services; § 101-6 excludes schools, which the state regulates separately, defining coverage as any location serving children under 18. Under § 101-1B, the mandatory screening steps are fingerprinting; review of criminal convictions and pending criminal actions once a police investigation is complete; an inquiry with the statewide central register of child abuse and maltreatment; and, for prospective hires, contact with the applicant's three most recent employers.
§ 101-3 assigns all fingerprinting, investigation and criminal-record work exclusively to the Passaic Police Department, which reports results back to the employer, but bars the employer from disclosing those results to anyone beyond staff who need them for job duties and the employee or applicant. Operators must document compliance to the city (§ 101-4), and every city child-care contract must incorporate these screening duties as material terms (§ 101-5), so a lapse is a breach the city can use to terminate the contract without liability to the operator.
Violations & Fines
Breaching the confidentiality duty in § 101-3, revealing a screening result to anyone outside authorized personnel or the subject employee, is a municipal offense punishable in Passaic Municipal Court by a fine of up to $1,000, imprisonment of up to 90 days, or both. Separately, an operator's failure to meet the chapter's screening requirements under a City of Passaic child-care contract is treated as a material breach, letting the city terminate that contract without liability to the operator.
Frequently Asked Questions
Does Passaic require background checks for child-care center employees?
Who conducts the fingerprinting and background checks?
Can a job applicant be turned away over a pending criminal charge?
What happens if screening results are leaked?
Sources & Official References
Other rules in Passaic
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Childcare Center Rules in Nearby Cities
How other cities in Passaic County handle childcare center rules.