SENATE, No. 237
STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Senator McGREEVEY
An Act concerning child abuse and neglect and amending P.L.1977, c.102.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1977, c.102 (C.9:6-8.10a) is amended to read as follows:
1. a. All records of child abuse reports made pursuant to section 3 of P.L.1971, c.437 (C.9:6-8.10), all information obtained by the Division of Youth and Family Services in investigating such reports including reports received pursuant to section 20 of P.L.1974, c.119 (C.9:6-8.40), and all reports of findings forwarded to the central registry pursuant to section 4 of P.L.1971, c.437 (C.9:6-8.11) shall be kept confidential and [may] shall, upon written request, be disclosed only under the circumstances expressly authorized under subsection b. herein.
b. The division [may] shall, upon written request, release the records and reports referred to in subsection a., or parts thereof, to: (1) A public or private child protective agency authorized to investigate a report of child abuse or neglect;
(2) A police or other law enforcement agency investigating a report of child abuse or neglect;
(3) A physician who has before him a child whom he reasonably suspects may be abused or neglected;
(4) A physician, a hospital director or his designate, a police officer or other person authorized to place a child in protective custody when such person has before him a child whom he reasonably suspects may be abused or neglected and requires the information in order to determine whether to place the child in protective custody;
(5) An agency authorized to care for, treat, or supervise a child who is the subject of a child abuse report, or a parent, guardian or other person who is responsible for the child's welfare, or both, 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;
(6) A court, upon its finding that access to such records may be necessary for determination of an issue before the court, and such records may be disclosed by the court in whole or in part to the law guardian, attorney or other appropriate person upon a finding that such further disclosure is necessary for determination of an issue before the court;
(7) A grand jury upon its determination that access to such records is necessary in the conduct of its official business;
(8) Any appropriate State legislative committee acting in the course of its official functions, provided, however, that no names or other information identifying persons named in the report shall be made available to the legislative committee unless it is absolutely essential to the legislative purpose;
(9) Any person engaged in a bona fide research purpose, provided, however, that no names or other information identifying persons named in the report shall be made available to the researcher unless it is absolutely essential to the research purpose and provided further that the approval of the director of the Division of Youth and Family Services shall first have been obtained;
(10) A family day care sponsoring organization for the purpose of providing information on child abuse or neglect allegations involving prospective or current providers or household members pursuant to P.L.1993, c.350 (C.30:58B-25.1 et al) and as necessary, for use in administrative appeals related to information obtained through a central registry search;
(11) The Victims of Crime Compensation Board, for the purpose of providing services available pursuant to the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317 (C.52:4B-1 et seq.) to a child victim who is the subject of such report ;
(12) A county or local governmental entity or any agent of the entity, including, but not limited to, a chief executive officer of a muncipality or township, with a need for the information in order to carry out its responsibilities under the law to protect children from abuse and neglect.
Any individual, agency, board, court, grand jury or legislative committee which receives from the division the records and reports referred to in subsection a., shall keep such records and reports, or parts thereof, confidential.
(cf. P.L. 1995, c.135 s. 9)
2. This act shall take effect immediately.
STATEMENT
This bill amends section 1 of P.L.1977, c.102 (C.9:6-8.10a) to require that all reports of child abuse or neglect and all records and information obtained by the Division of Youth and Family Services (DYFS) during an investigation of a report of child abuse or neglect be kept confidential, except that DYFS would be required to disclose the information, upon written request, to the individuals and agencies authorized by law to receive such information. Under current law, DYFS is allowed, but not required, to disclose the information.
The bill also expands the list of individuals authorized by law to receive information concerning a child abuse or neglect investigation to include a county or local governmental entity or any agent of such entity, including, a chief executive officer of a municpality or township, with a need for the information in order to carry out its responsibilities under the law.
Requires DYFS to provide information on child abuse and neglect to certain governmental entities and their agents.