A5216

An Act concerning children, amending P.L.1971, c.437 and P.L.1974, c.119, and supplementing Chapter 6 of Title 9 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 2 of P.L.1971, c.437 (C.9:6-8.9) is amended to read as follows:

2. For purposes of this act:

“Abused child” means a child under the age of 18 years whose parent, guardian, or other person having his custody and control:

a. Inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ;

b. Creates or allows to be created a substantial or ongoing risk of physical injury to such child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted loss or impairment of the function of any bodily organ; or

c. Commits or allows to be committed an act of sexual abuse against the child;

d. Or a child whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent or guardian, or such other person having his custody and control, to exercise a minimum degree of care (1) in supplying the child with adequate food, clothing, shelter, education, medical or surgical care though financially able to do so or though offered financial or other reasonable means to do so, or (2) in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or substantial risk thereof, including the infliction of excessive corporal punishment or using excessive physical restraint under circumstances which do not indicate that the child's behavior is harmful to himself, others or property; or by any other act of a similarly serious nature requiring the aid of the court;

e. Or a child who has been willfully abandoned by his parent or guardian, or such other person having his custody and control;

f. Or a child who is in an institution as defined in section 1 of P.L.1974, c.119 (C.9:6-8.21) and (1) has been so placed inappropriately for a continued period of time with the knowledge that the placement has resulted and may continue to result in harm to the child's mental or physical well-being or (2) has been willfully isolated from ordinary social contact under circumstances which indicate emotional or social deprivation.

g. Notwithstanding the foregoing, a child shall be deemed an “abused child” if any of the acts described in subsections a. through c. of this subsection are committed or are allowed to be committed by a person who is not the child’s parent or legal guardian.

A child shall not be considered abused pursuant to subsection f. of this section if the acts or omissions described therein occur in a day school as defined in section 1 of P.L.1974, c. 119 (C.9:6-8.21).

(cf: P.L.1987, c.341, s.3)

2. Section 3 of P.L.1971, c.437 (C.9:6-8.10) is amended to read as follows:

3. Any person having reasonable cause to believe that a child has been subjected to child abuse, including sexual abuse, or acts of child abuse shall report the same immediately to the Division of Child Protection and Permanency by telephone or otherwise.

Such reports, where possible, shall contain the names and addresses of the child and [his] the child’s parent, guardian, or other person having custody and control of the child, or any other person who is suspected of having committed an act of child abuse against the child and, if known, the child's age, the nature and possible extent of the child's injuries, abuse or maltreatment, including any evidence of previous injuries, abuse or maltreatment, and any other information that the person believes may be helpful with respect to the child abuse and the identity of the perpetrator.

(cf: P.L. 2019, c.40, s.1)

3. Section 1 of P.L.1974, c.119 (C.9:6-8.21) is amended to read as follows:

1. As used in P.L.1974, c.119 [(C.9-8.21 et seq.)] (C.9:6-8.21), unless the specific context indicates otherwise:

a. “Parent or guardian” means any natural parent, adoptive parent, resource family parent, stepparent, paramour of a parent, or any person, who has assumed responsibility for the care, custody, or control of a child or upon whom there is a legal duty for such care. Parent or guardian includes a teacher, employee, or volunteer, whether compensated or uncompensated, of an institution who is responsible for the child's welfare and any other staff person of an institution regardless of whether or not the person is responsible for the care or supervision of the child. Parent or guardian also includes a teaching staff member or other employee, whether compensated or uncompensated, of a day school as defined in section 1 of P.L.1974, c.119 (C.9:6-8.21).

b. “Child” means any child alleged to have been abused or neglected.

c. “Abused or neglected child” means a child less than 18 years of age whose parent or guardian, as herein defined, (1) inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ; (2) creates or allows to be created a substantial or ongoing risk of physical injury to such child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted loss or impairment of the function of any bodily organ; (3) commits or allows to be committed an act of sexual abuse against the child; (4) or a child whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent or guardian, as herein defined, to exercise a minimum degree of care (a) in supplying the child with adequate food, clothing, shelter, education, medical or surgical care though financially able to do so or though offered financial or other reasonable means to do so, or (b) in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or substantial risk thereof, including the infliction of excessive corporal punishment; or by any other acts of a similarly serious nature requiring the aid of the court; (5) or a child who has been willfully abandoned by his parent or guardian, as herein defined; (6) or a child upon whom excessive physical restraint has been used under circumstances which do not indicate that the child's behavior is harmful to himself, others, or property; (7) or a child who is in an institution and (a) has been placed there inappropriately for a continued period of time with the knowledge that the placement has resulted or may continue to result in harm to the child's mental or physical well-being or (b) who has been willfully isolated from ordinary social contact under circumstances which indicate emotional or social deprivation.

Notwithstanding the forgoing, a child shall be deemed an “abused or neglected child” if any of the acts described in paragraphs (1), (2), (3), or (6) of this section are committed or are allowed to be committed by a person who is not the child’s parent or legal guardian.

A child shall not be considered abused or neglected pursuant to paragraph (7) of subsection c. of this section if the acts or omissions described therein occur in a day school as defined in this section.

No child who in good faith is under treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall for this reason alone be considered to be abused or neglected.

d. "Law guardian" means an attorney admitted to the practice of law in this State, regularly employed by the Office of the Public Defender or appointed by the court, and designated under P.L.1974, c.119 to represent minors in alleged cases of child abuse or neglect and in termination of parental rights proceedings.

e. "Attorney" means an attorney admitted to the practice of law in this State who shall be privately retained; or, in the instance of an indigent parent or guardian, an attorney from the Office of the Public Defender or an attorney appointed by the court who shall be appointed in order to avoid conflict between the interests of the child and the parent or guardian in regard to representation.

f. "Division" means the Division of Child Protection and Permanency in the Department of Children and Families unless otherwise specified.

g. "Institution" means a public or private facility in the State which provides children with out of home care, supervision, or maintenance. Institution includes, but is not limited to, a correctional facility, detention facility, treatment facility, day care center, residential school, shelter, and hospital.

h. "Day school" means a public or private school which provides general or special educational services to day students in grades kindergarten through 12. Day school does not include a residential facility, whether public or private, which provides care on a 24-hour basis.

(cf: P.L.2012, c.16, s.31)

4. (New section) a. Upon receipt of any child abuse report made pursuant to section 3 of P.L.1971, c.437 (C.9:6-8.10) involving a child who engages in problematic sexual behaviors, and referral of such report to the a county prosecutor in accordance with regulations established by the Division of Child Protection and Permanency in the Department of Children and Families, the division shall refer the child and the child’s parent or legal guardian, as appropriate, to a regional diagnostic and treatment center, child advocacy center, or other behavioral health care provider for services, supports, and other assistance to reduce the future risk of the child engaging in problematic sexual behaviors. Acceptance of such service shall be voluntary, except that the provision of services shall be mandatory if:

(1) the division determines that there is a high risk of the child continuing to engage in problematic sexual behaviors in the future; and

(2) the child, or the child’s parent or guardian, refuses to accept such services.

b. The division shall document the following information in the case plan of a child referred to a regional diagnostic and treatment center, a child advocacy center, or other behavioral health care provider for services, supports, and other assistance pursuant to subsection a. of this section:

(1) the types of services, supports, or assistance offered to the child or the child’s parent or guardian;

(2) the reasons why the services, supports, or assistance are necessary to reduce the risk of the child continuing to engage in problematic sexual behavior;

(3) whether the services, supports, or assistance were accepted voluntarily or were mandated by the division;

(4) when the services, supports, or assistance were provided, and if the services, supports, or assistance were provided to the child, the child’s parent or guardian, or both the child and the child’s parent or guardian; and

(5) the outcomes of the services, supports, or assistance provided to the child or the child’s parent or guardian in reducing the risk of the child of continuing to engage in problematic sexual behavior

c. As used in this section, "child who engages in problematic sexual behaviors" means a child under the age of 18 years who commits or facilitates the commission of an act of sexual abuse against another person pursuant to subsection c. of section 2 of P.L.1971, c.437 (C.9:6-8.9) and paragraph (3) of section 1 of P.L.1974, c.119 (C.9:6-8.21).

5. (New section) In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Department of Children and Families shall adopt rules and regulations necessary to implement the provisions of this act.

6. This act shall take effect on the first day of the third month next following the date of enactment.

STATEMENT

This bill expands the definition of child abuse or neglect. Specifically, the bill amends section 2 of P.L.1971, c.437 (C.9:6-8.9) and section 1 of P.L.1974, c.119 (C.9-8.21) to stipulate that a child is considered abused or neglected if certain acts of abuse or neglect are committed or allowed to be committed by a person who is not the child’s parent or legal guardian, including the infliction of serious or potentially serious physical injury, acts of sexual abuse, and the use of physical restraint. Current law considers a child to be abused or neglected if the abuse or neglect is committed or allowed to be committed by a parent or legal guardian or other person having control or custody of the child, but does not consider such acts to be abuse or neglect if they are committed by other persons.

The bill also stipulates that upon receipt of a child abuse report involving a child who engages in problematic sexual behaviors, and referral of the report to a county prosecutor, the Division of Child Protection and Permanency (DCPP) in the Department of Children and Families is to refer the child and the child’s parent or legal guardian, as appropriate, to a regional diagnostic and treatment center, child advocacy center, or other behavioral health care provider for services, supports, and other assistance to reduce the risk of the child continuing to engage in problematic sexual behaviors.

Acceptance of the services by the child or the child’s parent or guardian is voluntary. However, if the DCPP determines that there will be a high risk of the child continuing to engage in problematic sexual behaviors and the child or the child’s parent or guardian refuses to accept services, the services will be mandatory.

As defined in the bill, "child who engages in problematic sexual behaviors" means a child under the age of 18 years who commits or facilitates the commission of an act of sexual abuse against another person.

The bill’s provisions require the DCPP to document the following information in the case plan of a child referred for services, supports, and other assistance: (1) the types of services, supports, or assistance offered to the child or the child’s parent or guardian and the reasons why the services, supports, or assistance are necessary to reduce the risk of the child continuing to engage in problematic sexual behavior; (2) whether the services, supports, or assistance were accepted voluntarily or were mandated by the DCPP, when the services, supports, or assistance were provided, and if the services, supports, or assistance were provided to the child, the child’s parent or guardian, or both the child and the child’s parent or guardian; and (3) the outcomes of the services, supports, or assistance provided to the child or the child’s parent or guardian in reducing the risk of the child continuing to engage in problematic sexual behavior.