Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Provides for termination of parental rights under certain circumstances; expands definition of "abused child."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning termination of parental rights and amending P.L.1951, c.138, P.L.1999, c.53 and P.L.1971, c.437.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 15 of P.L.1951, c.138 (C.30:4C-15) is amended to read as follows:
15. Whenever
(a) it appears that a court wherein a complaint has been proffered as provided in chapter 6 of Title 9 of the Revised Statutes, has entered a conviction against the parent or parents, guardian, or person having custody and control of any child because of abuse, abandonment, neglect of or cruelty to such child; or
(b) (Deleted by amendment, P.L.1991, c.275);
(c) it appears that the best interests of any child under the care or custody of the division require that he be placed under guardianship; or
(d) it appears that a parent or guardian of a child, following the acceptance of such child by the division pursuant to section 11 or 12 of P.L.1951, c.138 (C.30:4C-11 or 12), or following the placement or commitment of such child in the care of an authorized agency, whether in an institution or in a resource family home, and notwithstanding the reasonable efforts of such agency to encourage and strengthen the parental relationship, has failed for a period of one year to remove the circumstances or conditions that led to the removal or placement of the child, although physically and financially able to do so, notwithstanding the division's reasonable efforts to assist the parent or guardian in remedying the conditions; or
(e) the parent has abandoned the child; or
(f) the parent of a child has been found by a criminal court of competent jurisdiction to have committed murder, aggravated manslaughter or manslaughter of another child of the parent; or to have aided or abetted, attempted, conspired, or solicited to commit such murder, aggravated manslaughter or manslaughter of the child or another child of the parent; or to have committed, or attempted to commit, an assault that resulted, or could have resulted, in the significant bodily injury to the child or another child of the parent; or to have committed or aided or abetted, attempted, conspired, or solicited to commit an offense of human trafficking of any child in violation of section 1 of P.L.2005, c.77 (C.2C:13-8) or P.L.2013, c.51 (C.52:17B-237 et al.); or to have committed or aided or abetted, attempted, conspired or solicited to commit promoting prostitution or engaging in prostitution activities involving a child pursuant to paragraph (3), (4), or (7) of subsection b. of N.J.S.2C:34-1; or to have committed or aided or abetted, attempted, conspired or solicited to commit endangering the welfare of a child in violation of N.J.S.2C:24-4; or the parent has committed a similarly serious act which resulted, or could have resulted, in the death or significant bodily injury to the child or another child of the parent; a petition to terminate the parental rights of the child's parents, setting forth the facts in the case, shall be filed by the division with the Family Part of the Chancery Division of the Superior Court in the county where such child may be at the time of the filing of such petition. A petition shall be filed as soon as any one of the circumstances in subsections (a) through (f) of this section is established, but no later than when the child has been in placement for 15 of the most recent 22 months, unless the division establishes an exception to the requirement to seek termination of parental rights in accordance with section 31 of P.L.1999, c.53 (C.30:4C-15.3). Upon filing the petition, the division shall initiate concurrent efforts to identify, recruit, process and approve a qualified family to adopt the child.
A petition as provided in this section may be filed by any person or any association or agency, interested in such child in the circumstances set forth in subsections (a) and (f) of this section. The division shall seek to be joined as a party to a petition filed to terminate the parental rights of a child in the care and custody of the division unless the division has established an exception to the requirement to seek termination of parental rights in accordance with section 31 of P.L.1999, c.53 (C.30:4C-15.3).
(cf: P.L.2004, c.130, s.55).
2. Section 24 of P.L.1999, c.53 (C.30:4C-11.2) is amended to read as follows:
24. In any case in which the Division of Child Protection and Permanency accepts a child in care or custody, including placement, the division shall not be required to provide reasonable efforts to prevent placement of the child if a court of competent jurisdiction has determined that both of the following criteria are met:
a. One of the following actions has occurred:
(1) the parent has subjected the child to aggravated circumstances of abuse, neglect, cruelty, or abandonment,
(2) the parent has been convicted of [murder, aggravated manslaughter, or manslaughter of another child of the parent;] aiding or abetting, attempting, conspiring, or soliciting to commit, or committing murder, aggravated manslaughter, [or] manslaughter, or human trafficking of [the] any child [or another child of the parent]; aiding or abetting, attempting, conspiring, or soliciting to commit, or committing promoting prostitution or engaging in prostitution activities involving a child pursuant to paragraph (3), (4), or (7) of subsection b. of N.J.S.2C:34-1; aiding or abetting, attempting, conspiring, or soliciting to commit, or committing endangering the welfare of a child in violation of N.J.S.2C:24-4; committing or attempting to commit an assault that resulted, or could have resulted, in the significant bodily injury to the child or another child of the parent; or committing a similarly serious criminal act which resulted, or could have resulted, in the death or significant bodily injury to the child or another child of the parent,
(3) the rights of the parent to another of the parent's children have been involuntarily terminated or
(4) removal of the child was required due to imminent danger to the child's life, safety or health; and
b. Efforts to prevent placement were not reasonable due to risk of harm to the child's health or safety.
When determining whether reasonable efforts are required to prevent placement, the health and safety of the child shall be of paramount concern to the court.
(cf: P.L.2012, c.16, s.62)
3. Section 25 of P.L.1999, c.53 (C.30:4C-11.3) is amended to read as follows:
25. In any case in which the Division of Child Protection and Permanency accepts a child in care or custody, including placement, the division shall not be required to provide reasonable efforts to reunify the child with a parent if a court of competent jurisdiction has determined that:
a. The parent has subjected the child to aggravated circumstances of abuse, neglect, cruelty, or abandonment;
b. The parent has been convicted of [murder, aggravated manslaughter, or manslaughter of another child of the parent;] aiding or abetting, attempting, conspiring, or soliciting to commit, or committing murder, aggravated manslaughter [or], manslaughter, or human trafficking of [the] any child [or another child of the parent]; aiding or abetting, attempting, conspiring, or soliciting to commit, or committing promoting prostitution or engaging in prostitution activities involving a child pursuant to paragraph (3), (4), or (7) of subsection b. of N.J.S.2C:34-1; aiding or abetting, attempting, conspiring, or soliciting to commit, or committing endangering the welfare of a child in violation of N.J.S.2C:24-4; committing or attempting to commit an assault that resulted, or could have resulted, in significant bodily injury to the child or another child of the parent; or committing a similarly serious criminal act which resulted, or could have resulted, in the death of or significant bodily injury to the child or another child of the parent; or
c. The rights of the parent to another of the parent's children have been involuntarily terminated.
When determining whether reasonable efforts are required to reunify the child with the parent, the health and safety of the child and the child's need for permanency shall be of paramount concern to the court.
This section shall not be construed to prohibit the division from providing reasonable efforts to reunify the family, if the division determines that family reunification is in the child's best interests.
A permanency plan for the child may be established at the same hearing at which the court determines that reasonable efforts are not required to reunify the child with the parent, if the hearing meets all of the requirements of a permanency hearing pursuant to section 50 of P.L.1999, c.53 (C.30:4C-61.2).
(cf: P.L.2012, c.16, s.63)
4. Section 2 of P.L.1971, c.437 (C.9:6-8.9) is amended to read as follows:
2. For purposes of this act:
"Abused child" means a child under the age of 18 years whose parent, guardian, or other person having his custody and control:
a. Inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ;
b. Creates or allows to be created a substantial or ongoing risk of physical injury to such child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted loss or impairment of the function of any bodily organ; or
c. Commits or allows to be committed an act of sexual abuse against the child, or commits or has aided or abetted, attempted, conspired, or solicited to commit an offense of human trafficking of any child in violation of section 1 of P.L.2005, c.77 (C.2C:13-8) or P.L.2013, c.51 (C.52:17B-237 et al.), promoting prostitution or engaging in prostitution activities involving a child pursuant to paragraph (3), (4), or (7) of subsection b. of N.J.S.2C:34-1, or endangering the welfare of a child in violation of N.J.S.2C:24-4;
d. Or a child whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent or guardian, or such other person having his custody and control, to exercise a minimum degree of care (1) in supplying the child with adequate food, clothing, shelter, education, medical or surgical care though financially able to do so or though offered financial or other reasonable means to do so, or (2) in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or substantial risk thereof, including the infliction of excessive corporal punishment or using excessive physical restraint under circumstances which do not indicate that the child's behavior is harmful to himself, others or property; or by any other act of a similarly serious nature requiring the aid of the court;
e. Or a child who has been willfully abandoned by his parent or guardian, or such other person having his custody and control;
f. Or a child who is in an institution as defined in section 1 of P.L.1974, c.119 (C.9:6-8.21) and (1) has been so placed inappropriately for a continued period of time with the knowledge that the placement has resulted and may continue to result in harm to the child's mental or physical well-being or (2) has been willfully isolated from ordinary social contact under circumstances which indicate emotional or social deprivation.
A child shall not be considered abused pursuant to subsection f. of this section if the acts or omissions described therein occur in a day school as defined in section 1 of P.L.1974, c.119 (C.9:6-8.21).
(cf: P.L.1987, c.341, s.3)
5. This act shall take effect immediately.
STATEMENT
This bill amends Title 30 of the New Jersey Statutes, concerning actions to terminate parental rights, to include offenses for human trafficking of any child, promoting or engaging in prostitution involving a child, and endangering the welfare of a child as enumerated crimes for which termination of parental rights may be authorized. The bill would similarly expand the definition of "abused child" in Title 9 of the Revised Statutes to take into account such criminal offenses, thus making them statutorily recognized forms of abuse warranting various protective actions by the State.