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  • NJ A1489
  • Prohibits good faith allegations of child abuse from being used against the accuser in a child custody proceeding; makes it a disorderly persons offense to file a false allegation of child abuse.
Introduced
(1/27/2016)
In Committee
(1/27/2016)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill provides that, in cases involving custody of a child, a parent who makes a good faith allegation based on a reasonable belief supported by facts that the child is the victim of child abuse and acts lawfully and in good faith in response to that reasonable belief to protect the child or seek treatment for the child would not be deprived of custody, visitation or contact with the child, or restricted in custody, visitation or contact based solely on that belief or the reasonable actions taken based on that belief. This bill makes it a disorderly persons offense when a person knowingly files or causes to be filed a report of a false allegation of child abuse or neglect, as determined by the Division of Youth and Family Services, with the purpose to influence a child custody proceeding. A disorderly persons offense is punishable by a term of imprisonment of up to six months or a fine of up to $1,000, or both. This bill is modeled, in part, after a New York law, 2008 N.Y. ALS 538, which was enacted into law on September 4, 2008. A similar Tennessee law was enacted into law on May 28, 2004. Like the New York and Tennessee laws, this bill is intended to protect parents from being penalized in custody cases for making good faith efforts to protect their child from abuse. However, the bill goes one step further by criminalizing the behavior of those who would use bad faith reports of child abuse or neglect to influence child custody proceedings.
Women and Children
Introduced, Referred to Assembly Women and Children Committee  (on 1/27/2016)
 
 
Date Chamber Action Description
1/27/2016 A Introduced, Referred to Assembly Women and Children Committee
Date Motion Yea Nay Other
None specified