SENATE, No. 608

 

STATE OF NEW JERSEY

 

INTRODUCED JANUARY 29, 1996

 

 

By Senator SCHLUTER

 

 

An Act concerning the Division of Youth and Family Services and supplementing chapter 6 of Title 9 of the Revised Statutes.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. a. The Division of Youth and Family Services in the Department of Human Services shall expunge from its records all information relating to a report, complaint or allegation of an incident of child abuse or neglect with respect to which the division has determined, based upon its investigation thereof, that the report, complaint or allegation of the incident was unfounded.

    b. For purposes of this act, "unfounded" means there is no concern on the part of the division that the safety or welfare of the child is at risk.

    The process of making a determination of an unfounded report, complaint or allegation of an incident of child abuse or neglect shall be further defined in regulations promulgated by the department pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.).

    c. Any reason for denying the expungement of records shall be made known by the division to the individual who is seeking the expungement.

 

    2. This act shall take effect immediately.

 

 

                                                STATEMENT

 

    This bill requires that the Division of Youth and Family Services in the Department of Human Services expunge from its records all information relating to any report, complaint or allegation of child abuse or neglect which the division has determined to be unfounded.

    For the purposes of this bill, "unfounded" means there is no concern on the part of the division that the safety or welfare of the child is at risk.

    The bill provides that any reason for denying the expungement of


records shall be made known by the division to the individual who is seeking the expungement.

 

 

 

Requires DYFS to expunge from its records information regarding child abuse allegations determined to be unfounded.