Sponsored by:
Senator STEVEN V. OROHO
District 24 (Morris, Sussex and Warren)
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
Co-Sponsored by:
Senators Gopal, Durr and Singer
SYNOPSIS
Requires children’s psychiatric facilities to have designated staff members visually supervise patients 24 hours a day, seven days a week.
CURRENT VERSION OF TEXT
As reported by the Senate Health, Human Services and Senior Citizens Committee on October 31, 2022, with amendments.
An Act concerning children’s psychiatric facilities 1, amending R.S.9:6-2,1 and supplementing Title 9 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
11. R.S.9:6-2 is amended to read as follows:
9:6-2. "Parent," [,] as used in this chapter, shall include the stepfather and stepmother and the adoptive or resource family parent. "The person having the care, custody, and control of any child," [,] as used in this chapter, shall mean any person who has assumed the care of a child, or any person with whom a child is living at the time the offense is committed, and shall include a teacher, employee, or volunteer, whether compensated or uncompensated, of an institution as defined in section 1 of P.L.1974, c.119 (C.9:6-8.21), or an agency administrator or home, program, or facility director of a children’s psychiatric facility as defined in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), who is responsible for the child's welfare, and a person who legally or voluntarily assumes the care, custody, maintenance, or support of the child. Custodian also includes any other staff person of an institution regardless of whether or not the person is responsible for the care or supervision of the child. Custodian 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).1
(cf: P.L.2004, c.130, s.20)
1[1] 21. 1(New section)1 a. Notwithstanding any 1[provisions] provision1 of law to the contrary, a children’s psychiatric facility shall provide daily care to 1,1 and supervision of 1,1 the children receiving treatment at the facility, and the agency administrator or home, program, or facility director shall designate 1trained1 staff members to provide 1[continuous, on-site supervision of the children] active1 24 hours a day, seven days a week 1visual supervision of each child at the facility, including, but not limited to, video monitoring with equipment capable of streaming live video wirelessly to a remote location. Video monitoring of a child shall only be allowed if one or more of the designated staff members can continuously and actively watch the child via monitor1 .
b. 1At no time shall a child receiving treatment at the facility be left:
(1) unsupervised by designated staff members, except when that child is using the bathroom, shower, or changing facilities; or
(2) alone with one or more children without active, visual supervision by designated staff members.
c.1 As used in this section, “children’s psychiatric facility” means a 1[children’s crisis intervention services, children’s partial care program, psychiatric community home for children, psychiatric residential treatment facility, residential child care facility, or other out-of-home mental health treatment setting as defined in N.J.A.C.3A:58-1.2] hospital contracted with a children’s crisis intervention services unit or a private health care facility to provide acute child psychiatric or short-term psychiatric care1 .
1[2.] 3.1 The Department of Children and Families, pursuant to the “Administrative Procedures Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act.
1[3.] 4.1 This act shall take effect immediately.