SENATE, No. 457

 

STATE OF NEW JERSEY

 

INTRODUCED JANUARY 18, 1996

 

 

By Senators CAFIERO and LIPMAN

 

 

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 be disclosed only under the circumstances expressly authorized under subsection b. herein.

    b. The division may 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 or the Office of Administrative Law, upon its finding that access to such records may be necessary for determination of an issue before [the court] it, and such records may be disclosed by the court or the Office of Administrative Law 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 or the Office of Administrative Law;

    (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) Any person appealing a division service or status action or a substantiated finding of child abuse or neglect and his attorney or authorized lay representative upon a determination by the division or the presiding Administrative Law Judge that such disclosure is necessary for a determination of the issue on appeal;

    (13) Any person or entity mandated by statute to consider child abuse or neglect information when conducting a background check or employment-related screening of an individual employed by or seeking employment with an agency or organization providing services to children;

    (14) Any person or entity conducting a disciplinary, administrative or judicial proceeding to determine terms of employment or continued employment of an officer, employee, or volunteer with an agency or organization providing services for children. The information may be disclosed in whole or in part to the appellant or other appropriate person only upon a determination by the person or entity conducting the proceeding that the disclosure is necessary to make a determination.

    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 allow the disclosure of records of child abuse reports to:

    1. The Office of the Administrative Law, if access to such records is necessary to make a determination of an issue before the office;

    2. An individual appealing a division service or status action or a substantiated finding of child abuse or neglect and his attorney or authorized lay representative, if access to the records is necessary for a determination of the issue on appeal;

    3. A person or entity required to conduct a background check or employment-related screening of an individual employed or seeking employment with an agency or organization providing services to children; and

    4. A person or entity conducting a disciplinary, administrative, or judicial proceeding to determine terms of employment or continued employment of an officer, employee, or volunteer with an agency or organization providing services for children. The information found in the records may be disclosed, if access to the information is necessary for the person or entity conducting the proceeding to make a determination.

 

 

 

Allows certain individuals or entities access to records of child abuse reports.