ASSEMBLY EDUCATION COMMITTEE

STATEMENT TO

[Second Reprint]

SENATE, No. 62

with committee amendments

STATE OF NEW JERSEY

DATED: DECEMBER 11, 1997

      The Assembly Education Committee favorably reports Senate Bill No. 62 (2R) with committee amendments.

      As amended by committee, this bill provides that if a public or private secondary school student who is participating in a school-based drug and alcohol abuse counseling program provides information during the course of that program that his parent, guardian, or other person living in the household is abusing drugs or alcohol, that information will be considered confidential. The purpose of the bill is to expand the protection already provided under federal regulations on the confidentiality of information provided by a student in a school-based counseling session on his or her own substance abuse to such information provided about other family members.

      Under the bill's provisions, information provided by a student could only be disclosed to another person or entity upon the written consent of the student; pursuant to a court order; to a person engaged in a research project, except that no personal identification information may be included with such a release; or, to the Division of Youth and Family Services if the information provided by the student would lead a person to believe that the student or another child may be abused or neglected. The bill also specifies that its provisions shall not be construed as prohibiting the Division of Youth and Family Services from using or disclosing the information in the course of conducting an investigation.

      The bill provides that any person who discloses or willfully permits the disclosure of confidential information is subject to a fine of not more than $500 for a first offense and not more than $5,000 for a second and each subsequent offense.

      The committee amended the bill to delete reference to a law enforcement agency as one of the entities to whom confidential information may be released.

      As reported by committee, this bill is identical toAssembly Bill No.169 with committee amendments.