S2337

An Act concerning child custody proceedings and training for certain judicial employees, amending P.L.1991, c.261 and R.S.9:2-4, and supplementing title 2A of the New Jersey Statutes.

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

1. 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 training as follows:

(a) all law enforcement officers shall attend initial training within 90 days of appointment or transfer and annual in-service training of at least four hours as described in this section. Once every three years, this in-service training requirement shall be satisfied through in-person instructor-led training.

(b) all assistant county prosecutors involved in the handling of domestic violence cases shall attend initial training within 90 days of appointment or transfer and annual in-service training of at least four hours as described in this section.

b. (1) The Administrative Director of the Courts shall develop and approve a training course and a curriculum for all municipal court judges, Superior Court judges responsible for the adjudication of domestic violence matters, and judicial personnel involved with the intake and processing of domestic violence complaints. All judges and judicial personnel identified in this section shall participate in core training regarding issues such as the dynamics of domestic violence, the impact of domestic violence on children, trauma-informed danger assessments, batterer intervention programs, and domestic violence risk factors and lethality. In addition, municipal court judges shall receive specific training related to the issuance of temporary restraining orders in emergent situations. Superior Court judges responsible for the adjudication of domestic violence matters shall receive supplemental training related to the issuance and enforcement of temporary and final restraining orders, including factors considered when determining if a final restraining order should be issued, child custody and parenting plans, the setting of child support, distribution of property and ongoing housing expenses, and counseling. The core curriculum and individualized training programs shall be reviewed at least every two years and modified by the Administrative Director 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 municipal court judges, Superior Court judges responsible for the adjudication of domestic violence matters, and judicial personnel involved with the intake and processing of domestic violence complaints attend initial training within 90 days of appointment or transfer and annual in-service training as described in this section.

(3) The Attorney General and the Administrative Director of the Courts shall provide that all training on the handling of domestic violence matters required under this subsection shall include information concerning the impact of domestic violence on society, and include topics regarding the dynamics of domestic violence, the impact of domestic violence on children, the impact of trauma on survivors, risks for lethality in domestic violence cases, safety planning and services for survivors of domestic violence, the impact of racial bias and discrimination on survivors and marginalized communities, the statutory and case law concerning domestic violence, the necessary elements of a protection order, the guidelines regarding when domestic violence incidents trigger mandatory or discretionary arrest, 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.

(4) The Administrative Director of the Courts shall develop and approve a training course, curriculum, and ongoing educational program for all judges and court personnel involved in the handling, investigation, and response procedures concerning allegations of child abuse, including allegations of child abuse in domestic violence cases. The Administrative Director of the Courts shall provide that all training and educational material on child abuse include information concerning the impact of child abuse on children, current evidence-based and peer-reviewed research by recognized experts in child abuse, and statutory and case law concerning child abuse. The child abuse training and educational program shall include, but not be limited to, information on child sexual assault, maltreatment, sexual abuse, physical abuse, emotional abuse, coercive control, implicit and explicit bias, trauma, neglect, behavior patterns and relationship dynamics of victims and perpetrators, including domestic violence victims, within the cycle of violence, and the long and short-term impacts of child abuse on children.

The training and educational program shall be provided by professionals, among others designated by the Administrative Director of the Courts, with substantial experience in assisting survivors of child abuse, including a victim service provider. If possible, the court may support the training and educational program with survivors of child physical or sexual abuse.

(5) Any judge or relevant court personnel including, but not limited to, guardians ad litem and attorneys experienced in child abuse cases, shall complete, with respect to the training required pursuant to this section, not less than 20 hours of initial training and not less than 15 hours of ongoing training every five years.

c. 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.2021, c.377, s.1)

2. 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 custody decision, the court shall not, solely in order to improve a deficient relationship with the other parent of a child, remove the child from or restrict contact between the child and a parent:

(1) who is competent and protective of the child and is not physically or sexually abusive; or

(2) with whom the child is bonded or to whom the child is attached.

The court shall not order reunification therapy that is predicated on removing or restricting contact with a parent with whom the child is bonded or to whom the child is attached. A court shall not order reunification therapy unless there is generally accepted and scientifically valid proof of the safety, effectiveness, and therapeutic value of the reunification therapy. Any order to remediate the resistance of a child to have contact with a violent or abusive parent shall address the behavior of that parent or the contribution of that parent to the resistance of the child prior to ordering the other parent to take steps to potentially improve the relationship.

For the purposes of this section, “reunification therapy” means family therapy that aims to reunite or reestablish a relationship between a parent and a child.

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] the child’s 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 existence of any restraining orders or protective orders; 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.

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

3. (New section) In any proceeding with respect to child custody in which a parent has been alleged to have committed domestic violence or child abuse, including child sexual abuse:

a. Expert evidence from a court-appointed or outside professional relating to the alleged abuse may be admitted only if the professional possesses demonstrated expertise and clinical experience in working with victims of domestic violence or child abuse, including child sexual abuse, that is not solely of a forensic nature; and

b. In making a finding regarding any allegation of domestic violence or child abuse, including child sexual abuse, in addition to any other relevant admissible evidence, evidence of past sexual or physical abuse committed by the accused parent shall be considered, including, but not limited to, any:

(1) past or current restraining orders or protection orders against the accused parent, including sexual violence abuse protection orders; or

(2) arrests or convictions of the accused parent for domestic violence, sexual violence, or child abuse.

4. This act shall take effect on the 90^th day following enactment.

STATEMENT

This bill establishes a training and educational program for certain court personnel, includes child safety as a factor in court decision-making when a party raises abuse allegations or safety concerns, and implements expert evidence standards in child abuse and domestic violence proceedings.

This bill requires the Administrative Director of the Courts to create a training and educational program related to child abuse that includes information concerning all aspects of abuse, including sexual abuse, physical abuse, emotional abuse, implicit and explicit bias, trauma, neglect, maltreatment, and the impact of child abuse and domestic violence on children. The program is required to implement best practices from evidence-based and peer-reviewed research.

Under the bill, a judge is prohibited from ordering a child to be removed from or restricted from contacting a parent who is competent, protective of the child, and not physically or sexually abusive, or a parent with whom the child is bonded or to whom the child is attached, solely for the purpose of improving a deficient relationship with the other parent. The court also is prohibited from ordering reunification therapy that is predicated on removing or restricting a child from a parent with whom the child is bonded or attached. Further, in making an award for custody, a court is required to consider the existence of any prior restraining order or protective order against a parent.

Finally, this bill implements minimum requirements for expert evidence and evidence that may be admissible in child custody proceedings where a parent has been alleged to have committed domestic violence or child abuse. Expert evidence may be admitted only if the professional possesses demonstrated expertise and clinical experience working with domestic violence or child abuse victims. Further, in making a finding regarding any allegation of domestic violence or child abuse, evidence of past sexual or physical abuse committed by the accused parent may be considered including, but not limited to, any:

(1) past or current restraining orders or protection orders against the accused parent, including sexual violence abuse protection orders; or

(2) arrests or convictions of the accused parent for domestic violence, sexual violence, or child abuse.

This bill implements the “Kayden’s Law” provisions of the federal “Violence Against Women Act Reauthorization Act of 2022,” enacted in March 2022.

The “Kayden’s Law” provisions were named for seven-year-old Kayden Mancuso of Lower Makefield, PA. In 2018, Kayden was murdered by her father during an unsupervised visitation period ordered by the court. Kayden’s mother had objected to unsupervised visitation on the grounds that Kayden’s father had a history of violence and was mentally unstable.