ASSEMBLY HUMAN SERVICES COMMITTEE
STATEMENT TO
ASSEMBLY, No. 255
with committee amendments
STATE OF NEW JERSEY
DATED: JUNE 8, 2009
The Assembly Human Services Committee reports favorably and with committee amendments, Assembly Bill No. 255.
As amended by the committee, the bill revises the "New Jersey Safe Haven Infant Protection Act" (N.J.S.A.30:4C-15.5 et seq.) (hereafter the "Safe Haven Act") to ensure that a parent may safely surrender an infant without fear of prosecution for child abandonment. The bill provides that no person is to be liable to prosecution for abandonment of a child if a parent voluntarily delivers and relinquishes or voluntarily arranges for another person to deliver and relinquish a child to law enforcement personnel at a police station or staff at a licensed general hospital, or if the child is relinquished to law enforcement personnel or hospital staff for the express purpose of receiving medical care or treatment for the child with an affirmative expression of an intent not to return for the child pursuant to the safe haven law. Currently, the law provides an affirmative defense against prosecution for child abandonment.
In order to encourage parents to safely surrender their infants without fear of identifying themselves, this bill also prohibits the Division of Youth and Family Services (DYFS) from attempting to contact the parents of an infant or identify the parent in the event that any identifying information is disclosed when the infant is surrendered unless the provisions of N.J.S.A.9:6-8.11 apply (DYFS has received a complaint or allegation of child abuse or neglect against the parents of the infant). Under current regulations, if DYFS becomes aware of the identity of the safe haven infant's parents, birth family or the person who surrendered the infant, then the DYFS representative consults with the Deputy Attorney General to determine whether to attempt to contact the parent or parents, or notify members of the birth family in developing a permanent plan for the infant.
The bill also amends the law governing notice in adoption proceedings to exclude from notification, parents whose parental rights have been terminated as a result of a petition filed by DYFS in the case of child abandonment under subsection b. of section 7 of P.L.1991, c.275 (C.30:4C-15.1).
Additionally, the bill provides that a search for parents and relatives under section 12 of P.L.1951, c.138 (C.30:4C-12) and section 6 of P.L.1991, c.275 and (C.30:4C-12.1), respectively, would not apply if a child is relinquished under the "Safe Haven Act."
Finally, the bill requires that when a child has been relinquished under the "Safe Haven Act," DYFS shall:
-- file for termination of parental rights no sooner than 120 days after DYFS assumed care, custody and control of the child, instead of no later than 21 days as current law requires. Notice of the complaint for termination shall not be served on the parent or person presumed to be the child's parent unless that person has taken deliberate and substantial action to assert a claim of parental rights within 120 days of the birth of the child; and
-- file a complaint pursuant to section 12 of P.L 1951, c.138 (C.30:4C-12) concerning unfitness of the parents, when a child has been relinquished. Service of such notice upon the parents of the child shall be waived.
This bill was prefiled for introduction in the 2008-2009 session pending technical review. As reported, the bill includes the changes required by technical review which has been performed.
COMMITTEE AMENDMENTS:
The committee amended the bill to provide that if a child has been relinquished by a parent pursuant to the "Safe Haven Act:”
● For the purposes of an adoption proceeding, notice of the adoption shall not be served on the parent if parental rights have been terminated;
● DYFS is not required to initiate a search for the child's parent, if the court orders the child be placed under DYFS' care;
● The Department of Children and Families is not required to initiate a search for relatives, when the department accepts the child under its care or custody;
● DYFS shall file for termination of parental rights no sooner than 120 days after DYFS assumed care, custody and control of the child, instead of no later than 21 days as current law requires. Notice of the complaint for termination shall not be served on the parent or person presumed to be the child's parent unless that person has taken deliberate and substantial action to assert a claim of parental rights within 120 days of the birth of the child; and
● DYFS shall file a complaint pursuant to section 12 of P.L 1951, c.138 (C.30:4C-12) concerning unfitness of the parents, when a child has been relinquished. Service of such notice upon the parents of the child shall be waived.