SENATE WOMEN'S ISSUES, CHILDREN AND FAMILY SERVICES COMMITTEE
STATEMENT TO
[First Reprint]
ASSEMBLY COMMITTEE SUBSTITUTE FOR
ASSEMBLY, Nos. 698, 703, 1389 and 1390
with committee amendments
STATE OF NEW JERSEY
DATED: JANUARY 23, 1997
The Senate Women's Issues, Children and Family Services Committee favorably reports Assembly Committee Substitute for Assembly Bill Nos. 698, 703, 1389 & 1390 (1R) with committee amendments.
As amended by committee, this Assembly Committee Substitute establishes a Child Death and Critical Incident Review Board in, but not of, the Department of Human Services. The board would investigate any situation involving children currently or formerly under the supervision of the Division of Youth and Family Services (DYFS) who:
1. are or were the subject of a critical incident, resulting in death;
2. are or were the subject of a critical incident, not resulting in death but whose circumstances have been identified by the board as raising issues that could result in recommendations for policy, legislative or regulatory changes in departmental or divisional procedures; or
3. have died and whose deaths were not due to an act of child abuse or neglect, but who died under circumstances that have been identified by the board as raising issues which could result in recommendations for policy, legislative or regulatory changes in departmental or divisional procedures.
The board would also be required to receive and investigate complaints about DYFS concerning the death or serious injury of a child; examine ways to achieve better coordination and collaboration among State and local agencies to ensure maximum effectiveness in the prevention of the death and serious injury of children under the State's care; and submit an annual report to the Governor and the Legislature on the number of cases reviewed, a summary of the circumstances surrounding each case, the outcome of each internal review and the follow-up action taken by the board concerning each case.
The substitute also amends section 1 of P.L.1977, c.102 (C.9:6-8.10a) to require that all reports of the board's reviews be kept confidential, except that the board may, and upon written request, shall, release a report to the parents or guardian of a child who is the subject of a review. The provisions of the substitute would also allow a parent or guardian to release the contents of the report to the public if it is determined that the disclosure is necessary to identify needed policy, regulatory or legislative changes in departmental or divisional procedures. The substitute specifies, however, that no identifying information contained in the report shall be made public.
The substitute also amends this section of law to conform to P.L.1996, c.32 and additionally to expand the list of individuals or entities allowed access to records of child abuse reports to include:
1. An authorized member of a duly designated regional child abuse diagnostic center which is involved with a particular child who is the subject of the request;
2 An agency, whether public or private, including any other division or unit in the Department of Human Services, authorized to care for, treat, or supervise a child who is the subject of a child abuse report when the information is needed in connection with the provision of care, treatment, or supervision to such child or such parent, guardian or other person;
3. The members of a county multi-disciplinary team, established in accordance with State guidelines, for the purpose of coordinating the activities of agencies handling alleged cases of child abuse and neglect;
4. A person being evaluated by the division or the court as a potential care giver to determine whether that person is willing and able to provide the care and support required by the child;
5. The legal counsel of a child, parent or guardian, whether court-appointed or retained, when information is needed to discuss the case with the division in order to make decisions relating to or concerning the child;
6. A person who has filed a report of suspected child abuse or neglect for the purpose of providing that person with the disposition of the investigation;
7. A parent or guardian, when the information is needed in a division matter in which the parent or guardian is directly involved. The information may only be released when it is necessary for the requesting parent or guardian to discuss services or the basis for the division's involvement or to develop, discuss or implement a case plan for the child; or
8. A chief executive officer of a municipality or township, with a need for the information in order to carry out his responsibilities under the law to protect children from abuse and neglect.
The substitute also requires DYFS to provide the identity of persons alleged to have committed child abuse or neglect and victims of child abuse or neglect, their addresses, the nature of the allegations, the disposition of the cases and other relevant information, including, but not limited to, prior reports of child abuse or neglect and names of siblings, obtained by the division during its investigation of a report of child abuse or neglect to the police or law enforcement agency in whose jurisdiction the child named in the report resides. The police or law enforcement agency would be required to keep the information confidential.
The committee amended the substitute to remove the definition of "newsworthy event" from the substitute.
The substitute was also amended to require that all reports of the board's reviews and all reports, records and information obtained by DYFS during an investigation of child abuse or neglect be kept confidential, except that the board or DYFS may, and upon written request, shall release the reports, records or information to the parents or guardian of a child who is the subject of a review, or in the case of DYFS, to the individuals and agencies authorized by law to receive such information.
The committee also amended the substitute to allow DYFS to disclose information, concerning a child under its care and supervision to the public, only if the information is relevant to the purpose for which it is sought. DYFS would not be able to disclose the information if the disclosure would be likely to endanger the life, safety or emotional well-being of the child or another person named in the report.
The substitute was also amended to specify that the disclosure of any information deemed confidential under State and federal law would be prohibited under the provisions of this substitute.
The committee also amended the substitute to require that the review conducted by the Child Death and Critical Incident Review Board be completed 45 days after the receipt of a report of a critical incident or death of a child. The substitute was also amended to require the board to establish and implement procedures for eliciting, receiving, processing, responding to, conducting and resolving complaints, concerning the death or serious injury of a child, against the division.
The committee amendments to the substitute also amended section 1 of P.L.1977, c.102 (C.9:6-8.10a) to expand the list of individuals and agencies allowed access to records of child abuse reports to include:
1. An authorized member of a duly designated regional child abuse diagnostic center which is involved with a particular child who is the subject of the request;
2. A public or private agency, including any other division or unit in the Department of Human Services, authorized to care for, treat, or supervise a child who is the subject of a child abuse report;
3. The members of a county multi-disciplinary team, established in accordance with State guidelines, for the purpose of coordinating the activities of agencies handling alleged cases of child abuse and neglect;
4. A person being evaluated by the division or the court as a potential care giver to determine whether that person is willing and able to provide the care and support required by the child;
5. The legal counsel of a child, parent or guardian, whether court-appointed or retained, when information is needed to discuss the case with the division in order to make decisions relating to or concerning the child;
6. A person who has filed a report of suspected child abuse or neglect for the purpose of providing that person with the disposition of the investigation;
7. A parent or guardian, when the information is needed in a division matter in which the parent or guardian is directly involved. The information may only be released when it is necessary for the requesting parent or guardian to discuss services or the basis for the division's involvement or to develop, discuss or implement a case plan for the child; or
8. A chief executive officer of a municipality or township, with a need for the information in order to carry out his responsibilities under the law to protect children from abuse and neglect.
The committee also amended the substitute to specify what information shall be contained in a report disclosing the information concerning the death of a child under the care and supervision of the division or who was the subject of a child abuse or neglect investigation.
Lastly, the committee amended the substitute to require that a report released to the public would not contain any identifying information about the child in his family and any information relating to psychological, psychiatric, therapeutic, clinical or medical reports or evaluations regarding the child or his family.
These amendments make this Assembly Committee Substitute for Assembly Bill Nos. 698, 703, 1389 & 1390 (1R) SCA identical to the Senate Committee Substitute for S-236 & S-237, sponsored by Senator McGreevey, which was released by this committee on January 23, 1997.