S2334

An Act concerning children and supplementing Title 9 of the Revised Statutes.

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

1. This act shall be known and may be cited as the "New Jersey Children's Bill of Rights."

2. The Legislature finds and declares that the United Nations Convention on the Rights of the Child was adopted by the United Nations General Assembly on November 20, 1989, became an international treaty on September 2, 1990, and has been adopted by 192 countries; the spirit of the Convention is rooted in the goals of the United Nations and United States which seek to affirm faith in fundamental human rights, the dignity and worth of all individuals, adult or child, and the belief that individuals have the right, without distinction of race, color, gender, nationality, or religious beliefs, to life, liberty, and security; based on the tenets of the Universal Declaration of Human Rights (adopted by the United Nations General Assembly in December of 1948), which proclaimed that "childhood is entitled to special care and assistance;" the Convention provides a universal set of standards that stress the idea that children are human beings and subject to their own rights that reflect the spirit of peace, dignity, tolerance, freedom, and equality, and, when enforced, will allow every child to reach his full potential in a safe and loving environment; therefore, this State has an affirmative obligation to recognize and protect the rights of children through the articulation of a clear and specific bill of rights that states unequivocally the best interests of the child is of paramount concern, and affirms the State's commitment to enforce these rights in order to protect and promote the health, safety, and well-being of every child living in New Jersey.

3. As used in this act:

"Child" means any individual under 18 years of age who is not married, has not entered military service, does not have a child, is not pregnant, or has not been previously declared by a court or an administrative agency to be emancipated.

4. a. A child living in New Jersey shall have the following rights consistent with the health, safety and well-being of the child, and as appropriate to the individual circumstances of the child's physical or mental development:

(1) To the best efforts of the State, in all actions concerning children, whether undertaken by public or private child welfare agencies, courts of law, administrative authorities, or legislative bodies, to guarantee that the best interests of the child shall be of primary consideration;

(2) To live in a safe, healthy, and nurturing environment, and to know and be cared for by the child's parent or legal guardian, except in circumstances when the child's removal from his parent or legal guardian is in the child's best interests;

(3) To the best efforts of the applicable department of State government, if placed outside the home, to reside with an individual who respects the child's religion, culture, language, and child's relationship with his parent or legal guardian;

(4) To the best efforts of the State, to respect the child's right to his identity, including, nationality, name, and family relations, as recognized by law;

(5) To the best efforts of the State, to respect the responsibilities and rights of the child's parent or legal guardian to provide, in a manner consistent with the child's development, appropriate direction and guidance in the exercise by the child of the rights articulated in this bill of rights;

(6) To be free from physical, sexual, psychological, or emotional abuse, neglect, cruelty, and any form of discipline that humiliates, demeans, or inflicts unnecessary mental or physical suffering or pain;

(7) To be free from discrimination or harassment on the basis of gender, race, ethnicity, religion, national origin, disability, or sexual orientation; and

(8) To receive adequate and nutritious food, suitable clothing and housing, and appropriate medical care, and mental health services.

b. A copy of the "New Jersey Children's Bill of Rights" shall be made available to the public, by the Commissioner of Children and Families, upon request and free of charge, and posted on the Department of Children and Families Internet site.

5. This act shall take effect immediately.

STATEMENT

This bill establishes the "New Jersey Children's Bill of Rights." Based on the standard of universal rights set forth in the United Nations Convention on the Rights of the Child, this bill of rights grants explicit rights to every child living in the State consistent with the child's health, safety, well-being, and physical or mental development, and affirms the State's commitment to recognize and protect these rights by stating unequivocally the best interests of the child is of paramount concern.

As defined by the bill, "child" means any individual under 18 years of age who is not married, has not entered military service, does not have a child, is not pregnant, or has not been previously declared by a court or an administrative agency to be emancipated.

As articulated in the bill, a child's rights include the right to:

● the best efforts of the State, in all actions concerning children, undertaken by public or private child welfare agencies, courts of law, or legislative bodies, to guarantee that the best interests of the child shall be of primary consideration;

● live in a safe, healthy, and nurturing environment, and to know and be cared for by the child's parent or legal guardian, except in circumstances when the child's removal from his parent or legal guardian is in the child's best interests;

● the best efforts of the applicable department of State government, if placed outside the home, to reside with an individual who respects the child's religion, culture, language, and child's relationship with his parent or legal guardian;

● the best efforts of the State, to respect the child's right to his identity, including, nationality, name, and family relations;

● be free from physical, sexual, psychological, or emotional abuse, neglect, cruelty, and any form of discipline that humiliates, demeans, or inflicts unnecessary mental or physical suffering or pain;

● be free from discrimination or harassment on the basis of gender, race, ethnicity, religion, national origin, disability, or sexual orientation; and

● receive adequate, and nutritious food, suitable clothing and housing, and appropriate medical care, and mental health services.

Finally, the bill stipulates that copies of the "New Jersey Children's Bill of Rights" be made available to the public, by the Commissioner of Children and Families, upon request and free of charge, and posted on the Department of Children and Families Internet site.