[First Reprint]
ASSEMBLY, No. 1700
STATE OF NEW JERSEY
INTRODUCED MARCH 4, 1996
By Assemblyman ZISA
An Act concerning child abuse and amending and supplementing P.L.1974, c.119.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 31 of P.L.1974, c.119 (C.9:6-8.51) is amended to read as follows:
31. a. At the conclusion of a dispositional hearing under this act, the court shall enter an order of disposition: (1) suspending judgment in accord with section 32 hereof; (2) releasing the child to the custody of his parents or guardian in accord with section 33 hereof; (3) placing the child in accord with section 34 hereof; (4) making an order of protection in accord with section 35 hereof; (5) placing the respondent on probation in accord with section 36 hereof; (6) requiring that an individual found to have abused or neglected a child accept therapeutic services, and this order may be carried out in conjunction with any other order of disposition.
b. The order of disposition shall also mandate that an individual found to have abused or neglected a child receive professional counseling, perform 1up to1 250 hours of community service and shall be subject to a civil penalty of 1up to1 $5,000.
c. The court shall state the grounds for any disposition made under this section.
(cf. P.L.1974, c.119, s.31)
2. Section 35 of P.L.1974, c.119 (C.9:6-8.55) is amended to read as follows:
35. The court may make an order of protection in assistance or as a condition of any other order made under this act. The order of protection may set forth reasonable conditions of behavior to be observed for a specified time by a person who is before the court and is a parent or guardian responsible for the child's care or the spouse of the parent or guardian, or both. Such an order may require any such person: a. To stay away from the home, the other spouse or the child; b. To permit a parent to visit the child at stated periods; c. To abstain from offensive conduct against the child or against the other parent or against any person to whom custody of the child is awarded; d. To give proper attention to the care of the home; and e. To refrain from acts of commission or omission that tend to make the home not a proper place for the child. The order shall also mandate that the person who is before the court receive professional counseling, perform 1up to1 250 hours of community service and shall be subject to a civil penalty of 1up to1 $5,000.
The court may also award custody of the child, during the term of the order of protection to either parent or to an appropriate relative; however, nothing in this section shall be construed to give the court power to place or board out any child or to commit a child to the custody of an institution or agency. In making orders of protection, the court shall so act as to insure that in the care, protection, discipline and guardianship of the child, his religious faith shall be preserved and protected.
(cf. P.L.1974, c.119, s.35)
3. Section 38 of P.L.1974, c.119 (C.9:6-8.58) is amended to read as follows:
38. In cases where, in the opinion of the court, an individual found to have abused or neglected a child appears to be in need of therapeutic services, the court may order the individual to accept such services or evaluation for such services, including, but not limited to, homemaker services, functional education[,] and group self-help programs[, and professional therapy]; provided, however, that the court may not commit any person to any residential mental health facility without the consent of such person or after a hearing held pursuant to the requirements of R.S.30:4-23 et seq. The court shall determine the ability to pay and the method of payment for the care, as it orders.
(cf. P.L.1974, c.119, s.38)
4. (New section) If an individual found to have abused or neglected a child, willfully and without just cause fails to pay a civil penalty levied according to the terms and conditions of an order of disposition issued under section 31 of P.L.1974, c.119 (C.9:6-8.51), or an order of protection issued under section 35 of P.L.1974, c.119 (C.9:6-8.55), the court shall place a continuing lien on all the property and assets of the individual until the penalty is paid in full.
5. (New section) All proceeds from fines levied against an individual found to have abused or neglected a child shall be deposited into the "Children's Trust Fund" pursuant to section 2 of P.L.1985, c.97 (C.54A:9-25.4).
6. This act shall take effect immediately.
Requires the court to require individuals found to have abused or neglected a child to receive professional counseling, perform community service and be subject to a penalty.