ASSEMBLY, No. 1578
STATE OF NEW JERSEY
INTRODUCED FEBRUARY 22, 1996
By Assemblywoman CRECCO
An Act concerning parental rights and revising parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1965, c.217 (C.9:17A-1) is amended to read as follows:
1. The consent to the performance of medical or surgical care and procedure by a hospital or by a physician licensed to practice medicine and surgery executed by a married person who is a minor[, or by a pregnant woman who is a minor,] on his or her behalf or on behalf of any of his or her children, shall be valid and binding, and, for such purposes, a married person who is a minor [or a pregnant woman who is a minor] shall be deemed to have the same legal capacity to act and shall have the same powers and obligations as has a person of legal age. [Notwithstanding any other provision of the law, an unmarried, pregnant minor may give consent to the furnishing of hospital, medical and surgical care related to her pregnancy or her child, and such consent shall not be subject to disaffirmance because of minority.] The written consent of the parent [or parents] or guardian of an unmarried[, pregnant] minor shall [not] be necessary in order to authorize hospital, medical [and]or surgical care [related to her pregnancy] by a hospital, public clinic, physician or other health care provider with respect to that minor or his or her child, and the parent or guardian shall have the right to be present when the care is provided, except when: a court order has been issued which prohibits the parent or guardian from having contact with the minor or the minor's child; or, in the judgment of the attending physician, immediate provision of hospital, medical or surgical care is necessary to save the life of the minor or the minor's child or to prevent substantial and irreversible impairment of a major bodily function.
As used in this section, "hospital, medical or surgical care" includes any medical procedure, treatment, testing, diagnosis or examination which involves the physical touching of the minor or the minor's child.
(cf: P.L.1965, c.217, s.1)
2. Section 1 of P.L.1968, c.230 (C.9:17A-4) is amended to read as follows:
1. [The consent to the provision of medical or surgical care or services by a hospital, public clinic, or the performance of medical or surgical care or services by a physician, licensed to practice medicine, when executed by a minor who is or professes to be afflicted with a venereal disease, or by a minor who, in the judgment of a treating physician, appears to have been sexually assaulted, shall be valid and binding as if the minor had achieved his or her majority, as the case may be. Any such consent shall not be subject to later disaffirmance by reason of minority. In the case of a minor who appears to have been sexually assaulted, the minor's parents or guardian shall be notified immediately, unless the attending physician believes that it is in the best interests of the patient not to do so; however, inability of the treating physician, hospital or clinic to locate or notify the parents or guardian shall not preclude the provision of any necessary emergency medical or surgical care to the minor.]
[When a minor believes that he]The treatment of a minor who is suffering from the use of drugs or is a drug dependent person as defined in section 2 of P.L.1970, c.226 (C.24:21-2) or is suffering from alcohol dependency or is an alcoholic as defined in section 2 of P.L.1975, c.305 (C.26:2B-8)[, his consent to treatment] under the supervision of a physician licensed to practice medicine, or an individual licensed or certified to provide treatment for alcoholism or in a facility licensed by the State to provide for the treatment of alcoholism, or the mental health treatment of a minor by a qualified professional on an outpatient basis or in a facility licensed by the State, shall [be valid and binding as if the minor had achieved his or her majority, as the case may be. Any such consent shall not be subject to later disaffirmance by reason of minority]require the written consent of the minor's parent or guardian, except that the minor may petition the Superior Court for a waiver of this requirement when the parent or guardian is unable or unavailable to provide the consent. Treatment of a minor for drug use, drug abuse, alcohol use or alcohol abuse [that is consented to by a minor], or mental health treatment, shall be considered confidential information between the physician, the treatment provider or the treatment facility, as appropriate, [and his] the patient and the patient's parent or guardian, and neither the minor nor his physician, treatment provider or treatment facility, as appropriate, shall be required to otherwise report such treatment when it is the result of voluntary consent, except as may otherwise be required by law.
[The consent of no other person or persons, including but not limited to a spouse, parent, custodian or guardian, shall be necessary in order to authorize such hospital, facility or clinical care or services or medical or surgical care or services to be provided by a physician licensed to practice medicine or by an individual licensed or certified to provide treatment for alcoholism to such a minor.]
(cf: P.L.1992, c.57, s.1)
3. Section 2 of P.L.1992, c.57 (C.9:17A-4.1) is amended to read as follows:
2. This act shall not be interpreted to interfere with any parental rights to place a child in treatment on a voluntary or involuntary basis under applicable State law.
Treatment programs shall not be required to admit minors. Treatment programs may establish their own admission and reimbursement criteria which [may] shall include parental notification and involvement.
(cf: P.L.1992, c.57, s.2)
4. Section 2 of P.L.1968, c.230 (C.9:17A-5) is amended to read as follows:
2. Upon the advice and direction of a treating physician or, if more than one, any one of them, a member of the medical staff of a hospital, public clinic, or physician licensed to practice medicine,[ may, but] shall [not] be obligated to, inform the [spouse], parent[, custodian] or guardian of any such minor as to the treatment given or needed, and such information [may] shall be given to[, or withheld from] the [spouse,] parent[, custodian] or guardian even without the consent of the minor patient [and even over the express refusal of the minor patient to the providing of such information].
(cf: P.L.1968, c.230, s.2)
5. (New section) a. A person who, without legal authorization, provides shelter to a minor and who knows at the time of providing the shelter that the minor is away from the home of a parent or guardian, or other lawfully prescribed residence without the permission of the parent or guardian, or custodian in charge of the lawfully prescribed residence, shall report the minor's location to the parent, guardian, custodian of the lawfully prescribed residence, or law enforcement agency in the jurisdiction in which the person resides, by telephone or other reasonable means, within eight hours after the person has knowledge that the minor is away from home without permission.
As used in this subsection:
"Minor" means a person under 18 years of age who is unmarried.
"Shelter" means a person's home or any structure over which the person has control.
b. A violation of the provisions of subsection a. of this section shall constitute a misdemeanor.
6. (New section) If the Director of the Division of Motor Vehicles in the Department of Law and Public Safety takes any action to suspend or revoke a minor's motor vehicle driver license, the director shall provide written notice of that action by certified mail, return receipt requested, to the minor's parent or guardian.
As used in this section, "minor" means a person under 18 years of age who is unmarried.
7. (New section) a. Each board of education, upon the request of a parent or guardian of a pupil enrolled in a public school within that district, shall make available for inspection by the parent or guardian any educational materials to be used in the grade in which the child is enrolled, including, but not limited to, a copy of the curriculum, textbooks, teacher manuals, video or audio tapes, computer programs, and supplementary instructional materials.
b. The board shall provide written notification of the provisions of subsection a. of this section to each parent or guardian of a pupil enrolled in a public school within that district.
8. Section 2 of P.L.1979, c.428 (C.18A:35-4.7) is amended to read as follows:
2. Any child whose parent or guardian [presents]does not present to the school principal a signed statement [that any part of the instructions]which authorizes the child's participation in health, family life education or sex education [is in conflict with his conscience, or sincerely held moral or religious beliefs shall be excused from that portion of the course where] courses which use instructional materials relating to sexually transmitted diseases, including the human immunodeficiency virus and acquired immune deficiency syndrome, anger, stress or conflict management or resolution, or issues associated with suicide or death, shall not be permitted to enroll in any course in which such instruction is being given and no penalties as to credit or graduation shall result therefrom.
(cf: P.L.1979, c.428, s.2)
9. (New section) Any child whose parent or guardian does not present to the school principal a signed statement which authorizes the child's participation in any course which includes instruction that utilizes psychotherapeutic techniques, group therapy or sensitivity training processes, shall not be permitted to participate in that instruction, and no penalties as to credit or graduation shall result therefrom.
10. (New section) Any child whose parent or guardian does not present to the school principal a signed statement which authorizes the child's participation in any survey, test or questionnaire that seeks to elicit information about the personal beliefs or practices of the child or the child's parent or guardian regarding sex, religion, political affiliations or mental health or psychological treatment, shall not be permitted to participate in that survey, test or questionnaire, and no penalties as to credit or graduation shall result therefrom.
11. (New section) Any child whose parent or guardian does not present to the school principal a signed statement which authorizes the child to receive counseling regarding a social, emotional, psychological or personal problem, beyond an initial assessment of the problem, shall not be permitted to receive such counseling. Counseling provided to a child pursuant to authorization by a parent or guardian shall be limited to the specific problem for which the authorization was obtained, unless the parent or guardian provides written permission to expand the scope of the counseling.
12. Section 8 of P.L.1940, c.153 (C.34:2-21.8) is amended to read as follows:
8. The issuing officer shall issue such certificates only upon the application in person of the minor desiring employment, and after having approved and filed the following papers:
(1) A promise of employment signed by the prospective employer or by someone duly authorized by him, setting forth the specific nature of the occupation in which he intends to employ such minor, the wage to be paid such minor, and the number of hours per day and days per week which said minor shall be employed.
(2) Evidence of age showing that the minor is of the age required by this act, which evidence shall consist of one of the following proofs of age and shall be required in the order herein designated, as follows:
(a) A birth certificate or certified transcript thereof or a signed statement of the recorded date and place of birth issued by a registrar of vital statistics or other officer charged with the duty of recording births, or
(b) A baptismal certificate or attested transcript thereof showing the date and place of birth, and date and place of baptism of the minor, or
(c) Other documentary evidence of age satisfactory to the issuing officer, such as a bona fide contemporary record of the date and place of the minor's birth kept in the Bible in which the records of the births in the family of the minor are preserved, or a passport, showing the age of the minor, or a certificate of arrival in the United States, issued by the United States Immigration Office, showing the age of the minor, or a life insurance policy, provided that such other documentary evidence has been in existence at least 1 year prior to the time it is offered as evidence, and provided further that a school record of age or an affidavit of a parent or guardian or other written statement of age shall not be accepted, except as specified in paragraph (d) of this section.
(d) In the case none of the aforesaid proofs of age shall be obtainable and only in such case, the issuing officer may accept the school record or the school-census record of the age of the minor together with the sworn statement of a parent or guardian as to the age of the minor and also with a certificate signed by the physician authorized to sign the statements of physical fitness required by this section, specifying what in his opinion is the physical age of the minor. Such certificates shall show the height and weight of the minor and other facts concerning his physical development which were revealed by such examination and upon which the opinion of the physician is based as to the physical age of the minor. If the school or school-census record of age is not obtainable, the sworn statement of the minor's parent or guardian, certifying to the name, date and place of birth of the minor, together with a physician's certificate of age as hereinbefore specified, may be accepted as evidence of age. The issuing officer shall administer said sworn statement.
The issuing officer shall, in issuing a certificate for a minor, require the evidence of age specified in paragraph (a) of this section in preference to that specified in paragraphs (b), (c) and (d) of this section and shall not accept the evidence of age permitted by any subsequent paragraph unless he shall receive and file evidence that the evidence of age required by the preceding paragraph or paragraphs cannot be obtained.
(3) A statement of physical fitness, signed by a medical inspector employed by the applicable board of education, or any other physician licensed to practice medicine and surgery, setting forth that such minor has been thoroughly examined by such medical inspector, or such other physician licensed to practice medicine and surgery, that he either is physically fit for employment in occupations permitted for persons under 18 years of age, or is physically fit to be employed under certain limitations, specified in the statement. If the statement of physical fitness is limited, the employment certificate issued thereon shall state clearly the limitations upon its use, and shall be valid only when used under the limitations so stated. The method of making such examinations shall be prescribed jointly by the Commissioner of Education and the State Department of Health; provided, however, no minor shall be required to submit to a physical examination, whose parent or guardian objects thereto in writing on the grounds such examination is contrary to his religious beliefs and practices.
(4) A school record signed by the principal of the school which the minor has last attended or by someone duly authorized by him, giving the full name, date of birth, grade last completed, and residence of the minor, provided, that in the case of a vacation certificate issued for work before or after school hours, such record shall also state that the child is a regular attendant at school, and in the opinion of the principal may perform such work without impairment of his progress in school, but such principal's statement shall not be required for the issuance of a vacation certificate for work during regular school vacations.
(5) A statement of permission for the minor's employment signed by the minor's parent or legal guardian, which shall be required for an unmarried minor.
(cf: P.L.1968, c.314, s.1)
13. This act shall take effect immediately.
STATEMENT
This bill expands parental rights in connection with unmarried minors in the areas of health care, education, employment, motor vehicles and runaway children. The bill is intended to ensure that a parent or guardian: has the opportunity to exercise discretion with respect to the provision of health care services and public school instructional materials to, and the employment of, his or her child; and is notified when that child is assessed as having a personal problem in school, has had his or her motor vehicle license suspended or revoked, or has run away from home and is being sheltered by a person without legal authority to do so.
The purpose of this bill is to protect and promote the fundamental rights of parents and guardians to exercise legitimate care, responsibility and control over the upbringing of their children, and to prevent wrongful governmental intrusion into these rights. Such intrusion threatens the traditional role of the family in ensuring the health, safety and well-being of children and asserting the basic values and character traits essential for attaining individual liberty, fulfillment and happiness.
Expands parental rights regarding health care and other services for minors.