New jersey sets guidelines for police request of blood taken from every newborn baby in state

TRENTON – Attorney General Matthew J. Platkin announced today a significant policy shift aimed at tightening control over law enforcement’s access to newborn bloodspot information in New Jersey. This move comes with the issuance of Directive No. 2024-03, outlining new procedures and restrictions for obtaining these sensitive records.

Under the new directive, law enforcement agencies are required to seek approval through detailed written requests to the state Division of Criminal Justice for accessing newborn bloodspot data. These requests must justify the need based on exceptional circumstances and are subject to stringent legal processes.

The Newborn Screening Program, mandated by state law, ensures that every newborn in New Jersey undergoes a bloodspot screen within 48 hours of birth to check for 61 potential illnesses and congenital disorders. This screening is crucial for early identification and treatment of conditions that could lead to serious health issues or death.

Those records are saved by the state and often used for DNA evidence to tie family members, children, and themselves in crimes.

Attorney General Platkin emphasized the importance of maintaining the confidentiality of the information collected through this program to ensure its effectiveness and to uphold public trust. “The Newborn Screening Program is vital for public health, and the privacy of the collected information is central to its success,” said Platkin.

The directive also specifies that access to documentary records or physical bloodspots from the Newborn Screening Program will now require a court-issued Dyal subpoena for medical records, a search warrant based on probable cause, or an administrative subpoena in cases involving missing persons or unidentified bodies, moving away from the use of a grand jury subpoena for such purposes.

Additionally, the New Jersey Department of Health announced changes to its retention policy for newborn bloodspots. Moving forward, bloodspots linked to identifiable information will only be retained for two years unless a parent or guardian specifies otherwise. This policy revision also introduces further limitations on the use and retention of newborn bloodspots, aligning with the new restrictions on law enforcement access.

These updates take effect immediately, reflecting the state’s commitment to using law enforcement tools responsibly and maintaining public trust in governmental health initiatives.

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