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Passaic, NJ Building Safety: Childcare Center Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

View official code

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?
Yes. Code § 101-1 requires every operator of a Passaic child-care center to fingerprint and screen all current and prospective personnel, including a criminal-history review and an inquiry with the state's central child-abuse registry.
Who conducts the fingerprinting and background checks?
Under § 101-3, all fingerprinting, investigations and criminal-record checks for Passaic child-care personnel are performed exclusively by the City of Passaic Police Department, which then reports the results to the operator.
Can a job applicant be turned away over a pending criminal charge?
Not automatically. § 101-1B(2) bars an operator from dismissing or permanently denying employment to someone merely because a criminal action against them is pending; only completed reviews can be weighed as disqualifying.
What happens if screening results are leaked?
§ 101-3 makes unauthorized disclosure of screening results a violation punishable in Municipal Court by a fine of up to $1,000, imprisonment of up to 90 days, or both.

Sources & Official References

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