Bill Text: NJ S453 | 2012-2013 | Regular Session | Introduced
Bill Title: Establishes three categories for investigative findings of allegations of child abuse or neglect, and requires DCF to track and report certain unfounded cases that subsequently are substantiated.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S453 Detail]
Download: New_Jersey-2012-S453-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
Senator RONALD L. RICE
District 28 (Essex)
SYNOPSIS
Establishes three categories for investigative findings of allegations of child abuse or neglect, and requires DCF to track and report certain unfounded cases that subsequently are substantiated.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning child abuse or neglect, supplementing Chapter 6 of Title 9 of the Revised Statutes, and amending P.L.1977, c.102.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) For purposes of investigating an allegation of child abuse or neglect, the Division of Youth and Family Services in the Department of Children and Families shall determine if the allegation is "substantiated," "not substantiated," or "unfounded."
As used in this section:
"Not substantiated" means the available information obtained during the investigation of an allegation of child abuse or neglect, as evaluated by a child protective investigator, provides some indication of a finding that a child has been harmed or placed at substantial risk of harm by a parent or guardian, but does not indicate the child is an abused or neglected child as defined in section 2 of P.L.1971, c.437 (C.9:6-8.9).
"Substantiated" means the available information obtained during the investigation of an allegation of child abuse or neglect, as evaluated by a child protective investigator, indicates a finding by a preponderance of the evidence that a child has been harmed or placed at substantial risk of harm by a parent or guardian, and the child is an abused or neglected child as defined in section 2 of P.L.1971, c.437 (C.9:6-8.9).
"Unfounded" means the available information obtained during the investigation of an allegation of child abuse or neglect, as evaluated by a child protective investigator, indicates a finding that there is no risk to the safety or welfare of the child.
2. Section 1 of P.L.1977, c.102 (C.9:6-8.10a) is amended to read as follows:
1. a. All records of child
abuse reports made pursuant to section 3 of P.L.1971, c.437 (C.9:6-8.10), all
information obtained by the Department of Children and Families in
investigating such reports including reports received pursuant to section 20 of
P.L.1974, c.119 (C.9:6-8.40), and all reports of findings forwarded to the
child abuse registry pursuant to section 4 of P.L.1971, c.437 (C.9:6-8.11)
shall be kept confidential and may be disclosed only under the circumstances
expressly authorized under subsections b., c., d., e., f. [and], g. and h.
herein. The department shall disclose information only as authorized under
subsections b., c., d., e., f. [and], g. and h.
of this section that is relevant to the purpose for
which the information is required, provided, however, that nothing may be
disclosed which would likely endanger the life, safety, or physical or
emotional well-being of a child or the life or safety of any other person or
which may compromise the integrity of a department investigation or a civil or
criminal investigation or judicial proceeding. If the department denies access
to specific information on this basis, the requesting entity may seek
disclosure through the Chancery Division of the Superior Court. This section
shall not be construed to prohibit disclosure pursuant to paragraphs (2) and
(7) of subsection b. of this section.
Nothing in this act shall be construed to permit the disclosure of any information deemed confidential by federal or State law.
b. The department may and upon written request, shall release the records and reports referred to in subsection a., or parts thereof, consistent with the provisions of P.L.1997, c.175 (C.9:6-8.83 et al.) to:
(1) A public or private child protective agency authorized to investigate a report of child abuse or neglect;
(2) A police or other law enforcement agency investigating a report of child abuse or neglect;
(3) A physician who has before him a child whom he reasonably suspects may be abused or neglected or an authorized member of the staff of a duly designated regional child abuse diagnostic and treatment center which is involved with a particular child who is the subject of the request;
(4) A physician, a hospital director or his designate, a police officer or other person authorized to place a child in protective custody when such person has before him a child whom he reasonably suspects may be abused or neglected and requires the information in order to determine whether to place the child in protective custody;
(5) An agency, whether public or private, including any division or unit in the Department of Human Services or the Department of Children and Families, authorized to care for, treat, assess, evaluate or supervise a child who is the subject of a child abuse report, or a parent, guardian, resource family parent or other person who is responsible for the child's welfare, or both, when the information is needed in connection with the provision of care, treatment, assessment, evaluation or supervision to such child or such parent, guardian, resource family parent or other person and the provision of information is in the best interests of the child as determined by the Division of Youth and Family Services;
(6) A court or the Office of Administrative Law, upon its finding that access to such records may be necessary for determination of an issue before it, and such records may be disclosed by the court or the Office of Administrative Law in whole or in part to the law guardian, attorney or other appropriate person upon a finding that such further disclosure is necessary for determination of an issue before the court or the Office of Administrative Law;
(7) A grand jury upon its determination that access to such records is necessary in the conduct of its official business;
(8) Any appropriate State legislative committee acting in the course of its official functions, provided, however, that no names or other information identifying persons named in the report shall be made available to the legislative committee unless it is absolutely essential to the legislative purpose;
(9) (Deleted by amendment, P.L.1997, c.175).
(10) A family day care sponsoring organization for the purpose of providing information on child abuse or neglect allegations involving prospective or current providers or household members pursuant to P.L.1993, c.350 (C.30:5B-25.1 et seq.) and as necessary, for use in administrative appeals related to information obtained through a child abuse registry search;
(11) The Victims of Crime Compensation Board, for the purpose of providing services available pursuant to the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317 (C.52:4B-1 et seq.) to a child victim who is the subject of such report;
(12) Any person appealing a department service or status action or a substantiated finding of child abuse or neglect and his attorney or authorized lay representative upon a determination by the department or the presiding Administrative Law Judge that such disclosure is necessary for a determination of the issue on appeal;
(13) Any person or entity mandated by statute to consider child abuse or neglect information when conducting a background check or employment-related screening of an individual employed by or seeking employment with an agency or organization providing services to children;
(14) Any person or entity conducting a disciplinary, administrative or judicial proceeding to determine terms of employment or continued employment of an officer, employee, or volunteer with an agency or organization providing services for children. The information may be disclosed in whole or in part to the appellant or other appropriate person only upon a determination by the person or entity conducting the proceeding that the disclosure is necessary to make a determination;
(15) The members of a county multi-disciplinary team, established in accordance with State guidelines, for the purpose of coordinating the activities of agencies handling alleged cases of child abuse and neglect;
(16) A person being evaluated by the department or the court as a potential care-giver to determine whether that person is willing and able to provide the care and support required by the child;
(17) The legal counsel of a child, parent or guardian, whether court-appointed or retained, when information is needed to discuss the case with the department in order to make decisions relating to or concerning the child;
(18) A person who has filed a report of suspected child abuse or neglect for the purpose of providing that person with only the disposition of the investigation;
(19) A parent, resource family parent or legal guardian when the information is needed in a department matter in which that parent, resource family parent or legal guardian is directly involved. The information may be released only to the extent necessary for the requesting parent, resource family parent or legal guardian to discuss services or the basis for the department's involvement or to develop, discuss, or implement a case plan for the child;
(20) A federal, State or local government entity, to the extent necessary for such entity to carry out its responsibilities under law to protect children from abuse and neglect;
(21) Citizen review panels designated by the State in compliance with the federal "Child Abuse Prevention and Treatment Act Amendments of 1996," Pub.L.104-235;
(22) The Child Fatality and Near Fatality Review Board established pursuant to P.L.1997, c.175 (C.9:6-8.83 et al.); or
(23) Members of a family team or other case planning group formed by the Division of Youth and Family Services and established in accordance with regulations adopted by the Commissioner of Children and Families for the purpose of addressing the child's safety, permanency or well-being, when the provision of such information is in the best interests of the child as determined by the Division of Youth and Family Services.
Any individual, agency, board, court, grand jury, legislative committee, or other entity which receives from the department the records and reports referred to in subsection a., shall keep such records and reports, or parts thereof, confidential and shall not disclose such records and reports or parts thereof except as authorized by law.
c. The department may share information with a child who is the subject of a child abuse or neglect report, as appropriate to the child's age or condition, to enable the child to understand the basis for the department's involvement and to participate in the development, discussion, or implementation of a case plan for the child.
d. The department may release the records and reports referred to in subsection a. of this section to any person engaged in a bona fide research purpose, provided, however, that no names or other information identifying persons named in the report shall be made available to the researcher unless it is absolutely essential to the research purpose and provided further that the approval of the Commissioner of Children and Families or his designee shall first have been obtained.
e. For incidents determined by the department to be substantiated, the department shall forward to the police or law enforcement agency in whose jurisdiction the child named in the report resides, the identity of persons alleged to have committed child abuse or neglect and of victims of child abuse or neglect, their addresses, the nature of the allegations, and other relevant information, including, but not limited to, prior reports of abuse or neglect and names of siblings obtained by the department during its investigation of a report of child abuse or neglect. The police or law enforcement agency shall keep such information confidential.
f. The department may disclose to the public the findings or information about a case of child abuse or neglect which has resulted in a child fatality or near fatality. Nothing may be disclosed which would likely endanger the life, safety, or physical or emotional well-being of a child or the life or safety of any other person or which may compromise the integrity of a department investigation or a civil or criminal investigation or judicial proceeding. If the department denies access to specific information on this basis, the requesting entity may seek disclosure of the information through the Chancery Division of the Superior Court. No information may be disclosed which is deemed confidential by federal or State law. The name or any other information identifying the person or entity who referred the child to the department shall not be released to the public.
g. The department shall release the records and reports referred to in subsection a. of this section to a unified child care agency contracted with the department pursuant to N.J.A.C.10:15-2.1 for the purpose of providing information on child abuse or neglect allegations involving a prospective approved home provider or any adult household member pursuant to section 2 of P.L.2003, c.185 (C.30:5B-32) to a child's parent when the information is necessary for the parent to make a decision concerning the placement of the child in an appropriate child care arrangement.
h. The department shall track and annually publish the number of incidents determined by the department to be substantiated that involve children who previously were the subject of investigations of allegations of child abuse or neglect that were determined by a child protective investigator to be unfounded, as defined in section 1 of P.L. (C. ) (pending before the Legislature as this bill).
The department shall develop standards to reduce the incidence of repeated cases of child maltreatment identified pursuant to this subsection.
The department shall not
release any information that would likely endanger the life, safety, or
physical or emotional well-being
of a child or the life or safety of any other person.
(cf: P.L. 2006, c.47, s.42)
3. The Commissioner of Children and Families shall adopt regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to carry out the purposes of this act.
4. This act shall take effect immediately.
STATEMENT
The purpose of the bill is to ensure that any issue relating to the safety and well-being of a child identified as a result of an investigation of an allegation of child abuse or neglect is effectively categorized and addressed, even when the investigation does not indicate a finding of substantiated abuse or neglect.
The bill, therefore, statutorily defines the categories that child protective investigators shall use for investigative findings of allegations of child abuse or neglect, and creates the new category of "not substantiated."
As defined in the bill:
● "Not substantiated" means the available information obtained during the investigation of an allegation of child abuse or neglect, as evaluated by a child protective investigator, provides some indication of a finding that the child has been harmed or placed at substantial risk of harm by a parent or guardian, but does not indicate the child is an abused or neglected child;
● "Substantiated" means the available information obtained during the investigation of an allegation of abuse or neglect, as evaluated by a child protective investigator, indicates a finding by a preponderance of the evidence that a child has been harmed or placed at substantial risk of harm by a parent or guardian, and the child is an abused or neglected child; and
● "Unfounded" means the available information obtained during the investigation of an allegation of abuse or neglect, as evaluated by a child protective investigator, indicates a finding that there is no risk to the safety or welfare of the child.
The bill also amends section 1 of P.L.1977, c.102 (C.9:6-8.10a) to require that the Department of Children and Families track and annually publish the number of incidents determined by the department to be substantiated that involve children who previously were the subject of investigations of allegations of child abuse or neglect that were determined by a child protective investigator to be unfounded, as defined in this bill. The department would also be required to develop standards to reduce the incidence of repeated cases of child maltreatment indentified above.
In 2004, the Department of Human Services amended its regulations (N.J.A.C.10:129-1.1 et seq.) to change the definitions of the categories of investigative findings used by caseworkers to evaluate an allegation of child abuse or neglect, and determine whether a child has been harmed or placed at substantial risk of harm by a parent or guardian. The changes eliminated the category of "not substantiated" and created a new definition for the category of "unfounded."
The changes to the categories of investigative findings were based on several considerations, including: the concern that an increasing number of cases were classified in the "not substantiated" category, and progressively fewer reports were filed where investigating workers were willing to conclude either that child abuse or neglect had occurred or that it definitively had not occurred; the concern that the "not substantiated" category provided a middle ground which alleviated the burden on making a more definitive finding of abuse or neglect; and the belief that the changes made during child welfare reform to the operational and training procedures used in abuse or neglect investigations would improve the State's ability to protect children and best utilize the Division of Youth and Family Services child protective services staff.
A study conducted by the Office of the Child Advocate in 2008, however, found that the elimination of the "not substantiated" category, and the creation of a new definition for the "unfounded" category required child protective investigators to evaluate two distinct types of unfounded cases, those in which child abuse or neglect could not be legally proven, but concerns were identified, and those cases that were essentially without merit.
Consequently, the new, more encompassing category of "unfounded," particularly when concerns were found, limited a child protective investigator's ability to develop a record of troubling behavior patterns that would prompt closer scrutiny of a child's home, and made it more difficult for investigators to persuade a parent or guardian to take specific steps to address concerns about a child's safety uncovered during an investigation of child abuse or neglect.
