STATEMENT TO

SENATE, No. 62

with Senate Floor Amendments

(Proposed By Senator CAFIERO)

ADOPTED: JANUARY 27, 1997

      This floor amendment ensures the confidentiality of any information provided by a public or private school pupil during a counseling session in a school-based drug and alcohol abuse counseling program that a family member is abusing alcohol or drugs, except that the information could be disclosed to DYFS or a law enforcement agency when an individual suspects that a pupil or another child in the household has been abused or neglected.

      The amendment also provides that any person who discloses or willfully permits the disclosure of information provided by a pupil which violates the confidentiality restrictions would not be subject to a fine, if the disclosure was made pursuant to the provisions of section 6 of P.L.1971, c.437 (C.9:6-8.13).

      Finally, under the provisions of the floor amendment, nothing in the bill would prohibit DYFS or a law enforcement agency from using or disclosing the information provided by the pupil, pursuant to the provisions of the bill, in the course of an investigation or prosecution.