Bill > A336

Introduced Session

This bill requires the Administrative Office of the Courts (AOC), in consultation with the Supreme Court Statewide Domestic Violence Working Group, to develop a parenting time questionnaire and an evidence-based guide of risk considerations for the court in determining custody and parenting time alternatives in certain domestic violence cases. In addition, the Attorney General, in consultation with the Supreme Court Statewide Domestic Violence Working Group, is directed to develop an evidence-based risk assessment instrument for law enforcement. AOC: PARENTING TIME QUESTIONNAIRE AND EVIDENCE-BASED GUIDE OF RISK CONSIDERATIONS Under the bill, the parenting time questionnaire and the evidence-based guide of risk considerations developed by the AOC will be used by the court in making a parenting time determination if there is a potential risk to the safety or well-being of a child. The parenting time questionnaire will be completed by a parent asserting a concern for the safety or well-being of a child. The questionnaire will collect information for use with the evidence-based guide developed by the AOC if there is a potential risk to the safety or well-being of a child from a parent who is entitled to parenting time. The questionnaire will include, but not be limited to, information regarding: the parents and children; the parent's recommendations for parenting time alternatives; the availability of transportation; the history of domestic violence, child abuse, or other violent or threatening behavior of a parent; the exposure of children to domestic violence or other violent or threatening behavior of a parent; the other parent's history of substance abuse; the other parent's criminal history; the other parent's history of mental illness; the results of prior parenting time efforts; the other parent's capacity to care for the child; and any other information deemed relevant by the court. The Administrative Office of the Courts will also develop an evidence-based guide of risk considerations to assist the court in determining custody and parenting time alternatives if there are allegations of violent or threatening behavior by a parent that could place the safety and well-being of the child at risk. The guide will provide judges with an evidence-based analytical matrix of risk indicators taking into account various custody and parenting time alternatives, risk considerations, current or past violent and threatening behaviors, and family circumstances. The court would consult the guide in conjunction with information provided in the parenting time questionnaire and other relevant information provided by the parents when determining custody and allocating parenting time to facilitate access of parents to their children and to assure the best interests and safety of children. The bill provides that in any court proceeding to establish custody or parenting time of a child, if a parent asserts a concern for the safety of a child of the relationship due to past violent or threatening behavior of the other parent, the court will temporarily suspend or restrict parenting time with the child and order the parent asserting safety concerns to complete a parenting time questionnaire, unless the parent who may be subject to the restrictions shows, and the court finds, by a preponderance of evidence, that the statements made by the parent seeking parenting time restrictions are arbitrary and capricious. Upon request, court professional staff will assist the parent in completing the questionnaire, or a parent may seek the assistance of an attorney, a domestic violence advocate, or a licensed social worker, marriage and family therapist, psychologist or psychiatrist. However, a parent will not be required to complete the parenting time questionnaire if the parent believes that it would create any possibility of further risk of harm from the other parent. If the court denies a parent's request for temporary suspension or restriction of parenting time or further evaluation of safety concerns related to the child, the court is required to state the reasons for the denial on the record. When the court enters an order temporarily suspending or restricting parenting time to allow time for further evaluation of safety concerns, the court would be required to set the date for a subsequent hearing. The hearing shall occur in an expeditious manner while allowing time for the collection of relevant information and professional evaluations. A copy of the completed parenting time questionnaire will be provided to the parent who may be subject to the parenting time restriction prior to the hearing. The court would consider the following information when establishing an appropriate parenting time arrangement: ? information provided in the parenting time questionnaire; ? information available in court records; and ? any evidence provided or testimony made by the parents or other witnesses at the hearing. After reviewing information provided at the hearing, if the court finds that there exists any possible risk to the safety or well-being of the child from a parent who is entitled to parenting time, the court may order: ? court-sponsored or court-approved parenting time; ? parenting time in the presence of a third party; ? parenting time at a place and time that avoids contact with the other parent; or ? any other restrictions or conditions on parenting time that the court deems necessary to protect the safety and well-being of the child. The court may also order batters intervention counseling for the parent subject to the restrictions as a condition to the parenting time restrictions. The court may order continued suspension of parenting time only if a parent is provided with procedural due process and the court finds on the record that no other alternative will protect the safety and well-being of the child. If the court orders a complete and indefinite suspension of parenting time, the court would refer the matter to the Division of Child Protection and Permanency in the Department of Children and Families for investigation. If there is any allegation during the court proceedings that a parent has physically or emotionally abused a child, the court will refer the matter to the Division of Child Protection and Permanency in the Department of Children and Families for investigation. ATTORNEY GENERAL: EVIDENCE-BASED RISK ASSESSMENT FOR LAW ENFORCEMENT The bill requires the Attorney General, in consultation with the Supreme Court Statewide Domestic Violence Working Group, to develop an evidence-based risk assessment instrument to be used by law enforcement throughout the State to aid in the evaluation of the likelihood of whether a person charged with any crime, or any offense involving domestic violence as defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19) will commit a future act of violence against a victim of domestic violence. The risk assessment instrument would be validated by an independent source to assure that its results provide valid predictors of future acts of violence. To the extent feasible, the risk assessment instrument will maximize use of information from existing criminal justice information systems to limit exposure of the victim to future violence from the person alleged to have committed domestic violence. If the risk assessment instrument includes information obtained from a victim, the law enforcement officer, prior to applying the risk assessment instrument, will inform the victim about the use of the results, the persons who or agencies that will have access to results, and permit the victim to decline participation if the victim believes that it may compromise the victim's safety. The results of the risk assessment will be used in conjunction with other information that may be provided by the victim or obtained from criminal justice information systems, to: ? assist law enforcement officers who respond to the scene of domestic violence in deciding whether to charge a defendant who is alleged to have committed an act of domestic violence on a complaint-warrant or complaint-summons; ? assist prosecutors and the court in determining if an order for pretrial detention pursuant to sections 4 and 5 of P.L.2014, c.31 (C.2A:162-18 and C.2A:162-19) is appropriate; ? protect the victim during and after any criminal proceedings; ? promote appropriate sentencing and probation supervision or corrections strategies; and ? aid Batterer's Intervention Programs in designing individualized remedial programs for persons who have committed an act of domestic violence. Under the bill, the results of a person's risk assessment would be deemed confidential and would be released only to: ? a public agency authorized to investigate a report of domestic violence; ? the police or other law enforcement agency investigating a report of domestic violence; ? a court, upon its finding that access to such records may be necessary for determination of an issue before the court; ? the Department of Corrections and State Parole Board; and ? the Division of Child Protection and Permanency in the Department of Children and Families; ? a Batterer's Intervention Program established under the Department of Children and Families; and? any other agency deemed appropriate by the Attorney General. AMENDATORY SECTION The bill amends section 13 of P.L.1991, c.261 (C.2C:25-29) concerning domestic violence hearing procedures to cross reference the evidence-based risk assessment and parenting questionnaire established under the bill. This bill embodies recommendations 6 and 20 of the Report of the Supreme Court Ad Hoc Committee on Domestic Violence issued June 2016. This bill is named "Monica's Law" after 31-year-old Monica Paul. In June 2008, Ms. Paul was shot to death in the presence of her two young children in the YMCA Family Center in Montclair. Kenneth Duckett, the father of the children, was convicted of the murder and sentenced to life imprisonment.

AI Summary

Committee Categories

Vicky Flynn (R)*,  Verlina Reynolds-Jackson (D), 

Introduced, Referred to Assembly Judiciary Committee (on 01/13/2026)

Official Document