STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator RENEE C. BURGESS
District 28 (Essex and Union)
Co-Sponsored by:
Senator Johnson
SYNOPSIS
Requires DCPP to consult with Division of Developmental Disabilities following finding of child abuse or neglect to create services plan for person with developmental disability under certain circumstances.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the Division of Child Protection and Permanency and amending P.L.1974, c.119.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 38 of P.L.1974, c.119 (C.9:6-8.58) is amended to read as follows:
38. Provision for therapeutic services.
a. In cases where, in the opinion of the court, an individual found to have abused or neglected a child appears to be in need of therapeutic services, the court may order the individual to accept such services or evaluation for such services, including, but not limited to, homemaker services, functional education, group self-help programs, and professional therapy; provided, however, that the court may not commit any person to any residential mental health facility without the consent of such person or after a hearing held pursuant to the requirements of R.S. 30:4-23 et seq. The court shall determine the ability to pay and the method of payment for the care, as it orders.
b. In cases where an individual described in subsection a. of this section has a developmental disability as defined in section 3 of P.L.1977, c.82 (C.30:6D-3), and is eligible for services provided by the Division of Developmental Disabilities in the Department of Human Services:
(1) the Division of Child Protection and Permanency in the Department of Children and Families shall make reasonable efforts to consult with the Division of Developmental Disabilities to create an appropriate plan for therapeutic services for the individual that takes into consideration the individual’s disability; and
(2) the Division of Developmental Disabilities shall determine an appropriate method to offer the therapeutic services based on the individual’s disability.
(cf: P.L.1974, c.119, s.38)
2. This act shall take effect on the 90th day following enactment.
STATEMENT
Under current law, if the court finds that a person who has abused or neglected a child appears to be in need of therapeutic services, the court may order the person to accept such services or an evaluation for services. The services ordered by the court may include, but are not limited to, homemaker services, functional education, and professional therapy.
This bill would provide that in cases where the person has a developmental disability and is eligible for services provided by the Division of Developmental Disabilities (DDD) in the Department of Human Services, the Division of Child Protection and Permanency would be required make reasonable efforts to consult with DDD to create a plan for therapeutic services for the person. DDD would also be required to determine an appropriate method to offer the therapeutic services based on the person’s disability.