Bill > S1411

Introduced Session

This bill is intended to clarify procedures in certain contested child custody cases. Specifically, the bill requires that the court will consider certain enumerated factors before ordering therapy. These factors include, but are not limited to, the child's age, capacity, and maturity level; the willingness of the parents and the child to engage in therapy; the conduct of each parent that weighs in favor of or against therapy; a summary of any history of prior therapy in which the child was involved, including family therapy or prior interventions; any history of domestic violence or child abuse; and evidence concerning whether either parent harmed or placed the child's health, safety, or welfare at substantial risk of harm. The bill requires that any therapy which is ordered have generally accepted and scientifically valid proof of safety, effectiveness, and therapeutic value. The bill further allows the child, if the child is of sufficient age, to speak privately and off the record with the judge, and to also submit letters from a treating mental health professional in support of the child's capacity and maturity to express any preferences. The bill requires that the record child's conversation with the judge be sealed. If the court determines that therapy is appropriate, the bill provides that the court may appoint a State licensed mental health professional (therapist) to commence the therapeutic process who may coordinate or consult with any treating therapists for the parents and the child. The therapist will report to the court on a periodic basis as determined by the court regarding the progress of therapy, including but not limited to the parties' and child's willingness to participate. Based on the therapist's reporting, the court may, within its discretion, make modifications to ongoing therapy as deemed appropriate, including, but not limited to, implementing alternative options to address the parent-child relationship, with the reasons for such modifications placed on the record, or ceasing or suspending the therapy. The bill prohibits the court from ordering therapy that cuts off a child from a parent with whom the child is bonded, or any therapy that involves the use of force, coercion, or isolation. The bill clarifies the intent of the Legislature by amending the legislative findings and declarations in the child custody statute. The bill appropriates $500,000 each to the Administrative Office of the Courts and the Institute for Families at the Rutgers School of Social Work to conduct a study and report to the Governor and the Legislature concerning the effectiveness of the provisions of the bill.

AI Summary

Committee Categories

Joe Lagana (D)*,  Nick Scutari (D)*, 

Withdrawn Because Approved P.L.2025, c.316. (on 01/13/2026)

Official Document