A3062

An Act concerning child custody and child abuse proceedings and training for certain judicial employees, amending various parts of the statutory law and supplementing Title 9 of the Revised Statutes

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

1. R.S.9:2-4 is amended to read as follows:

9:2-4. The Legislature finds and declares that it is in the public policy of this State to assure minor children of frequent and continuing contact with both parents after the parents have separated or dissolved their marriage and that it is in the public interest to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy.

In any proceeding involving the custody of a minor child, the rights of both parents shall be equal and the court shall enter an order which may include:

a. Joint custody of a minor child to both parents, which is comprised of legal custody or physical custody which shall include:

(1) provisions for residential arrangements so that a child shall reside either solely with one parent or alternatively with each parent in accordance with the needs of the parents and the child; and

(2) provisions for consultation between the parents in making major decisions regarding the child's health, education and general welfare;

b. Sole custody to one parent with appropriate parenting time for the noncustodial parent. In making a parenting time determination, the court shall consider:

(1) any attempt by a parent to turn the child against the other parent;

(2) which parent is likely to permit continuing contact between the child and the other parent;

(3) the past and present parental and caretaker duties performed by each parent on behalf of the child; and

(4) which parent is more likely to ensure the health and safety of the child; or

c. Any other custody arrangement as the court may determine to be in the best interests of the child.

In making an award of custody, the court shall consider but not be limited to the following factors: the parents' ability to agree, communicate and cooperate in matters relating to the child; the parents' willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse; the interaction and relationship of the child with its parents

and siblings; the history of domestic violence, if any; the safety of the child and the safety of either parent from physical abuse by the other parent; the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision; the needs of the child; the stability of the home environment offered; the quality and continuity of the child's education; the fitness of the parents; the geographical proximity of the parents' homes; the extent and quality of the time spent with the child prior to or subsequent to the separation; the parents' employment responsibilities; and the age and number of the children. A parent shall not be deemed unfit unless the parents' conduct has a substantial adverse effect on the child.

The court, for good cause and upon its own motion, may appoint a guardian ad litem or an attorney or both to represent the minor child's interests. The court shall have the authority to award a counsel fee to the guardian ad litem and the attorney and to assess that cost between the parties to the litigation.

d. The court shall order any custody arrangement which is agreed to by both parents unless it is contrary to the best interests of the child.

e. In any case in which the parents cannot agree to a custody arrangement, the court may require each parent to submit a custody plan which the court shall consider in awarding custody.

f. The court shall specifically place on the record the factors which justify any custody arrangement not agreed to by both parents.

g. The court shall consider the negative impacts of a prolonged court process for child custody on familial dynamics and whether a prolonged court process might exacerbate a serious risk of substantial or irreversible harm to any child. When a child custody proceeding is occurring at the same time as a child abuse proceeding involving the same child, the court shall make a determination without delay so as to serve the best interests of the child.

(cf: P.L.1997, c.299, s.9)

2. Section 4 of P.L.1991, c.261 (C.2C:25-20) is amended to read as follows:

4. a. (1) The Division of Criminal Justice shall develop and approve a training course and curriculum on the handling, investigation and response procedures concerning reports of domestic violence and abuse and neglect of the elderly and disabled. This training course and curriculum shall be reviewed at least every two years and modified by the Division of Criminal Justice from time to time as need may require. The Division of Criminal Justice shall distribute the curriculum to all local police agencies.

(2) The Attorney General shall be responsible for ensuring that all law enforcement officers attend initial training within 90 days of appointment or transfer and annual inservice training of at least four hours as described in this section.

b. (1) The Administrative Office of the Courts shall develop and approve a training course, [and] a curriculum, and an ongoing educational program for all judges and court personnel on the handling, investigation and response procedures concerning allegations of domestic violence and child abuse. The Administrative Office of the Courts shall provide that all training and educational material on domestic violence and child abuse include information concerning the impact of child abuse and domestic violence on children, current evidence-based and peer-reviewed research by recognized experts in domestic violence and child abuse, and statutory and case law concerning domestic violence and child abuse. The domestic violence and child abuse training and educational program shall include, but not be limited to, maltreatment, sexual abuse, physical abuse, emotional abuse, implicit and explicit bias, trauma, mental trauma, neglect, and the impact of domestic violence and child abuse on children. The material shall include the necessary elements of a protection order, policies and procedures as promulgated or ordered by the Attorney General or the Supreme Court, and the use of available community resources, support services, and available sanctions and treatment options. This training course shall be reviewed at least every two years and modified by the Administrative Office of the Courts from time to time as need may require.

(2) The Administrative Director of the Courts shall be responsible for ensuring that all judges and judicial personnel attend initial training within 90 days of appointment or transfer and annual inservice training as described in this section.

(3) The Division of Criminal Justice and the Administrative Office of the Courts shall provide that all training on the handling of domestic violence matters shall include information concerning the impact of domestic violence on society, the dynamics of domestic violence, the statutory and case law concerning domestic violence, the necessary elements of a protection order, policies and procedures as promulgated or ordered by the Attorney General or the Supreme Court, and the use of available community resources, support services, available sanctions and treatment options. Law enforcement agencies shall: (1) establish domestic crisis teams or participate in established domestic crisis teams, and (2) shall train individual officers in methods of dealing with domestic violence and neglect and abuse of the elderly and disabled. The teams may include social workers, clergy or other persons trained in counseling, crisis intervention or in the treatment of domestic violence and neglect and abuse of the elderly and disabled victims.

(cf: P.L.1999, c.433, s.1)

3. (New section a. If the court receives a report that a child has been subjected to child abuse, including sexual abuse, and the child may be suffering from mental anguish or emotional harm, the court may direct the child to a regional diagnostic and treatment center, as established pursuant to R.S.9:6-8.99 et seq., for an evaluation by persons with experience in addressing the medical and mental health needs of abused children.

b. The court shall record any mental health evaluation of the child conducted subsequent to the allegation of child abuse and may use the information provided by the diagnostic and treatment center to determine appropriate sentencing pursuant to R.S.9:6-3 or a custody award pursuant to R.S.9:2-4, that may result from the allegation of abuse.

4. (New section) a. The Administrative Office of the Courts, in consultation with the Department of Children and Families, shall develop training materials related to adverse childhood experiences.

b. Any judge of the New Jersey Superior Court, Chancery Division, Family Part, shall biennially review the training materials required in subsection a. of this section for the purpose of making trauma-informed and healing-centered determinations in juvenile proceedings.

c. Expert testimony may be permitted by the court during a fact-finding hearing pursuant to section 24 of P.L.1974, c.119 (C.9:6-8.44) or a dispositional hearing pursuant to section 25 of P.L.1974, c.119 (C.9:6-8.45). Any expert testifying on the emotional or physical health of a victim of child abuse shall review the training materials required in subsection a. of this section.

d. “Adverse childhood experiences” means the same as that term is defined in section 1 of P.L.2019, c.412 (C.18A:37-38).

5. This act shall take effect immediately.

STATEMENT

This bill establishes additional factors for the court to consider in making a parenting time determination in child custody cases. Under the bill, a judge is to consider the following factors in awarding parenting time to a noncustodial parent: any attempt by one parent to turn the child against the other; the likeliness a parent will permit the child to see the other parent; the past and present parental and caretaking duties of each parent; and which parent is more likely to promote the health and safety of the child.

Further, the bill requires a court to consider the negative impacts of a prolonged court process for child custody on familial dynamics and whether a prolonged process might exacerbate a serious risk of a substantial or irreversible harm to any child by a parent involved in the process. When a child custody proceeding is occurring at the same time as a child abuse proceeding involving the same child, the court is required to make a determination without delay to serve the best interest of the child.

This bill also requires the Administrative Office of the Courts (AOC) to modify its existing training and educational programs to include training related to child abuse and to cover all aspects of abuse, including sexual abuse, physical abuse, emotional abuse, implicit and explicit bias, mental abuse, trauma, neglect, maltreatment, and the impact of child abuse and domestic violence on children. The program should include best practices from evidence-based and peer-reviewed research.

The education and training program will improve the ability of judges and court personnel to recognize the impact of child abuse, and make appropriate custody and parenting time decisions that are in the best interest of the child.

Finally, this bill requires that family court judges, and experts testifying on the emotional or physical health of a victim of child abuse review material related to adverse childhood experiences as prepared by the AOC and the Department of Children and Families. The training materials are to include best practices and research and provide information for the court to make trauma-informed and healing-centered determinations. This bill defines an “adverse childhood experience” as severe childhood stressors that, when experienced prenatal to three years old, affect brain development and which are proven to be powerful determinants of physical, mental, social, and behavioral health across a lifespan. Adverse childhood experiences may include, but are not limited, child physical or sexual abuse, child emotional abuse, child physical or emotional neglect, alcohol or other substance abuse in the home, mental illness or suicidal behaviors in the home, incarceration of a family member, exposure to violence in the home or community, and parental divorce or separation.