ASSEMBLY, No. 620
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman IMPREVEDUTO
An Act concerning child abuse and neglect, and amending R.S.9:6-3, P.L.1985, c.197 and P.L.1974, c.119.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.9:6-3 is amended to read as follows:
9:6-3. a. Any parent, guardian or person having the care, custody or control of any child, who shall abuse, abandon, be cruel to or neglectful of [such] that child, or any person who shall abuse, be cruel to or neglectful of any child shall be deemed to be guilty of a crime of the fourth degree. If a fine be imposed, the court may direct the same to be paid in whole or in part to the parent, or to the guardian, custodian or trustee of [such] the minor child or children; provided, however, that whenever in the judgment of the court it shall appear to the best interest of the child to place it in the temporary care or custody of a society or corporation, organized or incorporated under the laws of this State, having as one of its objects the prevention of cruelty to children, and the society or corporation is willing to assume such custody and control, the court may postpone sentence and place the child in the custody of [such] the society or corporation, and may place defendant on probation, either with the county probation officers or an officer of the society or corporation to which the child is ordered, and may order the parent, guardian or person having the custody and control of [such] the child to pay to [such] the society or corporation a certain stated sum for the maintenance of [such] the child. When, however, a child is so placed in the custody of [such] a society or corporation, and defendant fails to make the payments as ordered by the court, the court shall cause the arrest and arraignment before it of [such] the defendant, and shall impose upon the defendant the penalty provided in this section.
b. The court shall transmit to the Commissioner of Human Services for deposit into the "Children's Trust Fund" established pursuant to P.L.1985, c.197 (C.9:6A-1 et al.), the proceeds from fines paid pursuant to subsection a. of this section which are not otherwise allocated in accordance with the provisions of that subsection.
(cf: P.L.1990, c.26, s.5)
2. Section 7 of P.L.1985, c.197 (C.9:6A-5) is amended to read as follows:
7. In addition to moneys deposited into the "Children's Trust Fund" pursuant to section 3 of [this act] P.L.1985, c.197 (C.54A:9-25.5), the Commissioner of the Department of Human Services shall deposit into the fund moneys received pursuant to subsection b. of R.S.9:6-3, and may designate moneys to be deposited into the fund which have been appropriated from the General Fund to the Department of Human Services as he deems necessary to effect the establishment of the "Children's Trust Fund."
(cf: P.L.1985, c.197, s.7)
3. Section 30 of P.L.1974, c.119 (C.9:6-8.50) is amended to read as follows:
30. a. If facts sufficient to sustain the complaint are established, the court shall enter an order finding that the child is an abused or neglected child and shall state the grounds for said findings.
b. If the proof does not conform to the specific allegations of the complaint, the court may amend the allegations to conform to the proof; provided, however, that in such case the respondent shall be given reasonable time to prepare to answer the amended allegations.
c. If facts sufficient to sustain the complaint under this act are not established, or the court concludes that its assistance is not required on the record before it, the court shall dismiss the complaint and shall state the grounds for the dismissal.
d. If the court makes a finding of abuse or neglect, it shall determine, based upon the facts adduced during the fact-finding hearing, and upon any other facts presented to it, whether a preliminary order pursuant to section 11 [hereof] of P.L.1974, c.119 (C.9:6-8.31) is required to protect the child's interests pending a final order of disposition. The court shall state the grounds for its determination. In addition, a child found to be abused or neglected may be removed and remanded to a place designated by the court or be placed in the custody of a suitable person, pending a final order of disposition, if the court finds that there is a substantial probability that the final order of disposition will be an order of placement under the section 34 [hereof] of P.L.1974, c.119 (C.9:6-8.54).
e. If the court finds that the child is an abused or neglected child as defined in this act, it shall direct a psychologist appointed by the court to separately evaluate the child and the parent or guardian in person in order to determine their respective needs for counseling or other services, and to provide for these services through the division as necessary. In addition the court may refer any aspect of the matter, including anything related to the child and the parent or guardian, to the division, ordering that the division provide such services as are deemed appropriate to the ends of protecting the child and rehabilitating and improving family life, wherever possible. In the event of such referral, the court may suspend any dispositional hearing indefinitely. The division shall report the status of the case so referred to the court annually in writing, a copy to be served upon the parent or guardian and the law guardian. The division shall also report its intent to terminate services in a case so referred to the court in writing.
(cf: P.L.1977, c.209, s.24)
4. Section 33 of P.L.1974, c.119 (C.9:6-8.53) is amended to read as follows:
33. a. If the order of disposition releases the child to the custody of his parent or guardian responsible for his care at the time of the filing of the complaint, the court may place the child under supervision of the division or may enter an order of protection under section 35 [hereof] of P.L.1974, c.119 (C.9:6-8.55).
b. The court shall define permissible terms and conditions of supervision under this section. The maximum duration of any such term or condition shall not exceed a period of [1 year] two years, unless the court finds at the conclusion of that period of [1 year] two years, upon a hearing, that exceptional circumstances require an extension thereof for an additional year.
(cf: P.L.1974, c.119, s.33)
5. This act shall take effect immediately.
STATEMENT
This bill contains provisions which are intended to strengthen the system of child abuse and neglect prevention and rehabilitation in New Jersey.
The bill provides for the deposit of certain proceeds from fines paid by persons convicted of child abuse and neglect into the "Children's Trust Fund" established pursuant to P.L.1985, c.197 (C.9:6A-1 et al.). The purpose of the fund is to provide grants to public and private agencies for planning and establishing or improving programs and services for the prevention of child abuse and neglect.
In addition, the bill extends from one to two years the maximum duration of the period for which the court may place a child, who has been released to the custody of a parent or guardian after a dispositional hearing on a complaint of child abuse or neglect, under the supervision of the Division of Youth and Family Services (DYFS) of the Department of Human Services (except for exceptional circumstances). This extended period is the same as the maximum duration of the period for which the court may place a respondent under the supervision of a probation department as a result of a dispositional hearing (again, except for exceptional circumstances).
Finally, the bill requires that in the case of a child whom the court finds has been abused or neglected, the court shall direct a psychologist appointed by the court to separately evaluate the child and the parents in person in order to determine their respective needs for counseling or other services, and to provide for these services through DYFS, as necessary.
Directs certain child abuse fine monies be deposited into "Children's Trust Fund" and extends DYFS role in child abuse and neglect cases.