Bill Text: NJ A3193 | 2020-2021 | Regular Session | Introduced
Bill Title: Prevents parent found by clear and convincing evidence to have committed sexual assault resulting in birth of child from having custody or visitation; provides for termination of parental rights.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-02-24 - Introduced, Referred to Assembly Judiciary Committee [A3193 Detail]
Download: New_Jersey-2020-A3193-Introduced.html
Sponsored by:
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
SYNOPSIS
Prevents parent found by clear and convincing evidence to have committed sexual assault resulting in birth of child from having custody or visitation; provides grounds for termination of parental rights.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning parental rights in certain cases and amending P.L.1995, c.55 and P.L.1951, c.138.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1995, c.55 (C.9:2-4.1) is amended to read as follows:
1. a. (1) Notwithstanding any provision of law to the contrary and except as provided in paragraph (2) of this subsection, [a person convicted] if the court finds by clear and convincing evidence that a person committed an act of sexual assault under N.J.S.2C:14-2 that resulted in the birth of a child, the person shall not be awarded the custody of or visitation rights to [any] the minor child[, including a minor child who was born as a result of or was the victim of the sexual assault, except upon a showing by clear and convincing evidence that it is in the best interest of the child for custody or visitation rights to be awarded. However, a court that awards such custody or visitation rights to a person convicted of sexual assault under N.J.S.2C:14-2 shall stay enforcement of the order or judgment for at least 10 days in order to permit the appeal of the order or judgment and application for a stay in accordance with the Rules of Court].
A conviction of sexual assault under N.J.S.2C:14-2 is not a prerequisite for a finding by the court that the person committed an act of sexual assault that resulted in the birth of a child. The court may make such a finding in the absence of a criminal charge; while a criminal charge is pending; or if the defendant is charged with an offense set forth in this subsection and subsequently pleads guilty to a lesser offense pursuant to a negotiated agreement.
(2) A person convicted of sexual assault under N.J.S.2C:14-2, other than a sexual assault that results in the birth of a child, shall not be awarded the custody of or visitation rights to any minor child, except upon a showing by clear and convincing evidence that it is in the best interest of the child for custody or visitation rights to be awarded. However, a court that awards such custody or visitation rights to a person convicted of sexual assault under N.J.S.2C:14-2 shall stay enforcement of the order or judgment for at least 10 days in order to permit the appeal of the order or judgment and application for a stay in accordance with the Rules of Court.
b. Notwithstanding any
provision of law to the contrary, a person convicted of sexual contact under
N.J.S.2C:14-3 or endangering the welfare of a child under N.J.S.2C:24-4 shall
not be awarded the custody of or visitation rights to any minor child, except
upon a showing by clear and convincing evidence that it is in
the best interest of the child for such custody or visitation rights to be
awarded. However, a court that awards such custody or visitation rights to a
person convicted of sexual contact under N.J.S.2C:14-3 or endangering the
welfare of a child under N.J.S.2C:24-4 shall stay enforcement of the order or
judgment for at least 10 days in order to permit the appeal of the order or
judgment and application for a stay in accordance with the Rules of Court.
c. [A] Except as provided in paragraph (g) of section 15 of P.L.1951, c.138 (C.30:4C-15), a denial of custody or visitation under this section shall not by itself terminate the parental rights of the person denied visitation or custody, nor shall it affect the obligation of the person to support the minor child.
d. In any proceeding for establishment or enforcement of such an obligation of support the victim shall not be required to appear in the presence of the obligor and the victim's and child's whereabouts
(cf: P.L.1999, c.424)
2. 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; 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 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; or
(g) the parent has been found by clear and convincing evidence to have committed sexual assault that resulted in the birth of the child;
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)] (g) 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)] (g) 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)
3. This act shall take effect immediately and shall apply to any proceeding concerning custody or visitation for which a final adjudication has not been made as of the effective date.
STATEMENT
This bill provides that a parent found by clear and convincing evidence by the court to have committed sexual assault which resulted in the birth of a child will be barred from having custody of or visitation rights to that child. Also, the Division of Child Protection and Permanency must file a petition in family court to terminate the parent's rights.
Custody and Visitation
Currently, N.J.S.A.9:2-4.1 provides that a person convicted of sexual assault, sexual contact, or endangering the welfare of a child shall not be awarded custody of or visitation rights to any minor child, including a minor child who was born as a result of or was the victim of the sexual assault, except upon a showing by clear and convincing evidence that custody or visitation is in the best interest of the child.
Under this bill, if the court finds by clear and convincing evidence that a person committed an act of sexual assault under N.J.S.2C:14-2 that resulted in the birth of a child, then the person will be barred from having custody of or visitation rights to that minor child. Also, the best interest of the child exception would be eliminated in this case.
Termination of Parental Rights
Under current law, set out in N.J.S.A.30:4C-15, the Division of Child Protection and Permanency must file a petition in family court to terminate parental rights under several circumstances, including where a parent has been convicted of certain serious crimes against the child or against another child of the parent. The bill provides that if the court finds by clear and convincing evidence that the defendant committed sexual assault resulting in the birth of a child, that finding would also constitute grounds for the division to file a petition to terminate the defendant's parental rights.
