Bill Text: NJ A5620 | 2020-2021 | Regular Session | Introduced
Bill Title: Provides for additional considerations in child custody determinations and training for certain judicial employees.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-05-12 - Introduced, Referred to Assembly Judiciary Committee [A5620 Detail]
Download: New_Jersey-2020-A5620-Introduced.html
Sponsored by:
Assemblyman ANTWAN L. MCCLELLAN
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Provides for additional considerations in child custody determinations and training for certain judicial employees.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning child custody determinations and training for certain judicial employees; amending R.S.9:2-4 and P.L.1991, c.261.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.9:2-4 is amended to read as follows:
9:2-4. The Legislature finds and declares that it is in the public policy of this State to assure minor children of frequent and continuing contact with both parents after the parents have separated or dissolved their marriage and that it is in the public interest to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy.
In any proceeding involving the custody of a minor child, the rights of both parents shall be equal and the court shall enter an order which may include:
a. Joint custody of a minor child to both parents, which is comprised of legal custody or physical custody which shall include: (1) provisions for residential arrangements so that a child shall reside either solely with one parent or alternatively with each parent in accordance with the needs of the parents and the child; and (2) provisions for consultation between the parents in making major decisions regarding the child's health, education and general welfare;
b. Sole custody to one parent with appropriate parenting time for the noncustodial parent. In making a parenting time determination, the court shall consider any attempts of a parent to turn the child against the other parent, which parent is likely to permit continuing contact between the child and another parent, and the past and present parental and caretaker duties performed by each parent on behalf of the child, and which parent is more likely to ensure the health and safety of the child; or
c. Any other custody arrangement as the court may determine to be in the best interests of the child.
In making an award of custody, the court shall consider but not be limited to the following factors: the parents' ability to agree, communicate and cooperate in matters relating to the child; the parents' willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse; the interaction and relationship of the child with its parents and siblings; the history of domestic violence, if any; the safety of the child and the safety of either parent from physical abuse by the other parent; the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision; the needs of the child; the stability of the home environment offered; the quality and continuity of the child's education; the fitness of the parents; the geographical proximity of the parents' homes; the extent and quality of the time spent with the child prior to or subsequent to the separation; the parents' employment responsibilities; and the age and number of the children. A parent shall not be deemed unfit unless the parents' conduct has a substantial adverse effect on the child.
The court, for good cause and upon its own motion, may appoint a guardian ad litem or an attorney or both to represent the minor child's interests. The court shall have the authority to award a counsel fee to the guardian ad litem and the attorney and to assess that cost between the parties to the litigation.
d. The court shall order any custody arrangement which is agreed to by both parents unless it is contrary to the best interests of the child.
e. In any case in which the parents cannot agree to a custody arrangement, the court may require each parent to submit a custody plan which the court shall consider in awarding custody.
f. The court shall specifically place on the record the factors which justify any custody arrangement not agreed to by both parents.
(cf: P.L.1997, c.299, s.9)
2. Section 4 of P.L.1991, c.261 (C.2C:25-20) is amended to read as follows:
4. a. (1) The Division of Criminal Justice shall develop and approve a training course and curriculum on the handling, investigation and response procedures concerning reports of domestic violence and abuse and neglect of the elderly and disabled. This training course and curriculum shall be reviewed at least every two years and modified by the Division of Criminal Justice from time to time as need may require. The Division of Criminal Justice shall distribute the curriculum to all local police agencies.
(2) The Attorney General shall be responsible for ensuring that all law enforcement officers attend initial training within 90 days of appointment or transfer and annual inservice training of at least four hours as described in this section.
b. (1) The Administrative Office of the Courts shall develop and approve a training course, [and] a curriculum, and an ongoing educational program for all judges and court personnel on the handling, investigation and response procedures concerning allegations of domestic violence and child abuse. The Administrative Office of the Courts shall provide that all training and educational material on domestic violence and child abuse include information concerning the impact of child abuse and domestic violence on children, current evidence-based and peer-reviewed research by recognized experts in domestic violence and child abuse, and statutory and case law concerning domestic violence and child abuse. The domestic violence and child abuse training and educational program shall include, but not be limited to, maltreatment, sexual abuse, physical abuse, emotional abuse, implicit and explicit bias, trauma, neglect and the impact of domestic violence and child abuse on children. The Administrative Office of the Courts shall provide the necessary elements of a protection order, policies and procedures as promulgated or ordered by the Attorney General or the Supreme Court, and the use of available community resources, support services and available sanctions and treatment options. This training course shall be reviewed at least every two years and modified by the Administrative Office of the Courts from time to time as need may require.
(2) The Administrative Director of the Courts shall be responsible for ensuring that all judges and judicial personnel attend initial training within 90 days of appointment or transfer and annual inservice training as described in this section.
(3) The Division of Criminal Justice and the Administrative Office of the Courts shall provide that all training on the handling of domestic violence matters shall include information concerning the impact of domestic violence on society, the dynamics of domestic violence, the statutory and case law concerning domestic violence, the necessary elements of a protection order, policies and procedures as promulgated or ordered by the Attorney General or the Supreme Court, and the use of available community resources, support services, available sanctions and treatment options. Law enforcement agencies shall: (1) establish domestic crisis teams or participate in established domestic crisis teams, and (2) shall train individual officers in methods of dealing with domestic violence and neglect and abuse of the elderly and disabled. The teams may include social workers, clergy or other persons trained in counseling, crisis intervention or in the treatment of domestic violence and neglect and abuse of the elderly and disabled victims.
(cf: P.L.1999, c.433, s.1)
3. This act shall take effect immediately.
STATEMENT
This bill will establish additional factors, which the court shall consider in making a parenting time determination. The bill also provides for a training and educational program for court personnel in the signs and effects of child abuse. Under the bill a judge will consider the following factors in awarding parenting time to a noncustodial parent: any attempt by one parent to turn the child against the other; the likeliness a parent will permit the child to see the other parent; the past and present parental and caretaking duties of each parent; and which parent is more likely to promote the health and safety of the child.
This bill also requires the Administrative Office of the Court to modify its existing training and educational programs to include training related to child abuse and to cover all aspects of abuse, including sexual abuse, physical abuse, emotional abuse, implicit and explicit bias, trauma, neglect, maltreatment, and the impact of child abuse and domestic violence on children. The program should include best practices from evidence-based and peer-reviewed research.
The education and training program will improve the ability of judges and court personnel to recognize the impact of child abuse, and make appropriate custody and parenting time decisions that are in the best interest of the child.
