Bill > S719

Introduced Session

This bill would clarify certain rights of parents with disabilities in child protective proceedings. The bill provides that a parent's or guardian's disability could not be considered a negative factor in a determination concerning the child in certain child protection proceedings, absent a specific showing by clear and convincing evidence that there is a nexus between the parent's or guardian's disability and alleged harm to the child, and that such alleged harm cannot be prevented or alleviated by accommodations for the disability, including adaptive parenting equipment or supportive parenting services. The proceedings include determinations of child abuse and neglect, removal of the child from the child's home, termination of parental rights, and hearings concerning the disposition of the child as set forth in Title 9 of the Revised Statutes. The provisions of the bill would also apply to a determination by the court as to whether to appoint a guardian for a minor child. The bill defines "disability" as having the same meaning as is set forth in the definition of the term in the Law Against Discrimination, in subsection q. of section 5 of P.L.1945, c.169 (C.10:5-5). The bill defines "supportive parenting services" as services to help parents or guardians with a disability compensate for those aspects of the disability that affect their ability to care for the child and that will enable them to discharge their parental responsibilities. The term includes, but is not limited to, specialized or adapted training, evaluations, and assistance with effective use of adaptive equipment, as well as accommodations that allow a parent or guardian with a disability to benefit from other services, such as Braille text or sign language interpreters.

Committee Categories

Renee Burgess (D)*,  Gordon Johnson (D), 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/09/2024)

Official Document