Bill > A1034

Introduced Session

This bill expands the definition of child abuse or neglect. Specifically, the bill amends section 2 of P.L.1971, c.437 (C.9:6-8.9) and section 1 of P.L.1974, c.119 (C.9-8.21) to stipulate that a child is considered abused or neglected if certain acts of abuse or neglect are committed or allowed to be committed by a person who is not the child's parent or legal guardian, including the infliction of serious or potentially serious physical injury, acts of sexual abuse, and the use of physical restraint. Current law considers a child to be abused or neglected if the abuse or neglect is committed or allowed to be committed by a parent or legal guardian or other person having control or custody of the child, but does not consider such acts to be abuse or neglect if they are committed by other persons. The bill also stipulates that upon receipt of a child abuse report involving a child who engages in problematic sexual behaviors, and referral of the report to a county prosecutor, the Division of Child Protection and Permanency (DCPP) in the Department of Children and Families is to refer the child and the child's parent or legal guardian, as appropriate, to a regional diagnostic and treatment center, child advocacy center, or other behavioral health care provider for services, supports, and other assistance to reduce the risk of the child continuing to engage in problematic sexual behaviors. Acceptance of the services by the child or the child's parent or guardian is voluntary. However, if the DCPP determines that there will be a high risk of the child continuing to engage in problematic sexual behaviors and the child or the child's parent or guardian refuses to accept services, the services will be mandatory. As defined in the bill, "child who engages in problematic sexual behaviors" means a child under the age of 18 years who commits or facilitates the commission of an act of sexual abuse against another person. The bill's provisions require the DCPP to document the following information in the case plan of a child referred for services, supports, and other assistance: (1) the types of services, supports, or assistance offered to the child or the child's parent or guardian and the reasons why the services, supports, or assistance are necessary to reduce the risk of the child continuing to engage in problematic sexual behavior; (2) whether the services, supports, or assistance were accepted voluntarily or were mandated by the DCPP, when the services, supports, or assistance were provided, and if the services, supports, or assistance were provided to the child, the child's parent or guardian, or both the child and the child's parent or guardian; and (3) the outcomes of the services, supports, or assistance provided to the child or the child's parent or guardian in reducing the risk of the child continuing to engage in problematic sexual behavior.

AI Summary

Committee Categories

Nancy Muñoz (R)*,  Carol Murphy (D)*,  Aura Dunn (R),  Michele Matsikoudis (R),  Gerry Scharfenberger (R), 

Introduced, Referred to Assembly Children, Families and Food Security Committee (on 01/09/2024)

Official Document