Bill Text: NJ A4447 | 2012-2013 | Regular Session | Introduced
Bill Title: Provides for background checks and other requirements for certain agencies providing temporary home for child or pregnant woman during crisis.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-11-18 - Introduced, Referred to Assembly Women and Children Committee [A4447 Detail]
Download: New_Jersey-2012-A4447-Introduced.html
Sponsored by:
Assemblywoman CELESTE M. RILEY
District 3 (Cumberland, Gloucester and Salem)
Assemblywoman GABRIELA M. MOSQUERA
District 4 (Camden and Gloucester)
SYNOPSIS
Provides for background checks and other requirements for certain agencies providing temporary home for child or pregnant woman during crisis.
CURRENT VERSION OF TEXT
As introduced.
An Act providing for a temporary home for certain individuals, amending P.L.1977, c.102, and supplementing Title 9 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 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. herein. The department shall disclose information only as authorized under subsections b., c., d., e., f., and g. 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 P.L.1977, c.102 (C.9:6-8.10a et seq.) 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 Child Protection and Permanency;
(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 Child Protection and Permanency 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 Child Protection and Permanency; or
(24) A prospective volunteer, as defined in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), and each person 18 years of age or older residing in the home of the prospective volunteer seeking to provide a temporary home to an infant, child, parent under 21 years of age with an infant, or pregnant woman under 21 years of age, as provided for in P.L. , c. (C. ) (pending before the Legislature as this bill).
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 the records and reports, or parts thereof, confidential and shall not disclose the 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.
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.2012, c.16, s.22)
2. (New section) As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Approved agency" means a nonprofit corporation, association, or agency, including any public agency, approved by the Department of Children and Families for the purpose of placing children for adoption in New Jersey.
"Child" means a person under 18 years of age, excluding an infant.
"Child abuse registry" means the child abuse registry of the Division of Child Protection and Permanency in the Department of Children and Families established pursuant to section 4 of P.L.1971, c.437 (C.9:6-8.11).
"Commissioner" means the Commissioner of Children and Families.
"Crisis" means a temporary situation which includes, but is not limited to, homelessness, hospitalization, substance abuse or mental health issues, domestic violence, unemployment, any situation which would leave a child or infant with no parent or guardian available to care for the child or infant, or any situation which would leave a pregnant woman under 21 years of age with no safe home to reside in during pregnancy as determined by an approved agency.
"Department" means the Department of Children and Families.
"Home study" means an approved agency's formal assessment of the capacity and readiness of a prospective volunteer to host a person in crisis by providing a temporary home to the person in crisis pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
"Infant" means a person under 24 months of age.
"Person in crisis" means an infant, child, parent under 21 years of age with an infant, or pregnant woman under 21 years of age who is in crisis.
"Temporary" means a time frame that is no more than 12 months.
"Volunteer" means a person 21 years of age or older who provides a temporary home to a person in crisis pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), without receiving reimbursement or other compensation for providing the home.
3. (New section) a. An agency, organization or other entity, which facilitates a voluntary temporary placement of a person in crisis in the home of a volunteer in order for the volunteer to provide a temporary home during the time that a parent of an infant or child or a pregnant woman is in crisis, shall be an approved agency and enter into a contract with the department prior to facilitating the placement. The voluntary temporary placement shall be provided while the parent of the infant or child or the pregnant woman is seeking to restore a stable life to raise an infant or child, as applicable.
b. An approved agency which facilitates a voluntary temporary placement shall:
(1) provide oversight of the placement, including, but not limited to, providing a weekly visit to the temporary home;
(2) provide assistance to the parent of the infant or child or the pregnant woman under 21 years of age residing in the temporary home to help guide the parent or pregnant woman in restoring a stable life to raise an infant or child, as applicable; and
(3) locate a different voluntary temporary placement for a person in crisis if, as determined by the approved agency, a change is necessary.
4. (New section) a. An approved agency shall conduct a home study of the prospective volunteer's home to determine the suitability of the home.
b. As part of the home study, the approved agency shall:
(1) consider the results of a check of the child abuse registry, which shall be obtained by each prospective volunteer and each person 18 years of age or older residing in the prospective volunteer's home who shall provide the original results to the approved agency, for any records which might reveal a history of child abuse or neglect for each prospective volunteer and each person 18 years of age or older residing in the prospective volunteer's home; and
(2) obtain the results of State and federal criminal history record checks for each prospective volunteer and each person 18 years of age or older residing in the prospective volunteer's home as provided for in subsection c. of this section.
c. (1) Each prospective volunteer and each member of the prospective volunteer's household 18 years of age or older shall submit to the approved agency standard fingerprint cards containing the person's name, address, and fingerprints taken by a State or municipal law enforcement agency.
(2) The cost of a criminal history record check required pursuant to this subsection shall be paid by the prospective volunteer or household member at the time the fingerprint cards are submitted.
(3) The approved agency shall forward the fingerprint cards and payment to the commissioner.
(4) The commissioner is authorized to exchange fingerprint data and receive criminal history record information from the Federal Bureau of Investigation and the Division of State Police for use in determining the suitability of a home as provided for in this section.
(5) The department shall advise the approved agency of information received from the State and federal criminal history record checks based upon the fingerprints submitted by the agency. Information provided to the approved agency shall be confidential and not disclosed by the approved agency to any individual or entity without the written permission of the person who is the subject of the record check.
d. The approved agency shall forward each home study and the agency's determination of the suitability of the home to the department, prior to the placement of a person in crisis in the home of a prospective volunteer. The approved agency shall maintain a record of each home study, child abuse registry and criminal history record check, and its determination of the suitability of the home.
5. The Commissioner of Children and Families shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.
6. This act shall take effect on the first day of the seventh month next following the date of enactment, but the Commissioner of Children and Families may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill provides for an approved agency, which is an agency approved by the Department of Children and Families (DCF) to place children for adoption in New Jersey, to facilitate the voluntary temporary placement of an infant, child, parent under 21 years of age with an infant, or pregnant woman under 21 years of age in the home of a volunteer, who is to provide a temporary home during the time that the parent of the infant or child or the pregnant woman is in crisis. "Crisis" is defined in the bill as a temporary situation which includes, but is not limited to, homelessness, hospitalization, substance abuse or mental health issues, domestic violence, unemployment, any situation which would leave a child or infant with no parent or guardian available to care for the child or infant, or any situation which would leave a pregnant woman under 21 years of age with no safe home to reside in during pregnancy as determined by an approved agency. An approved agency is to enter into a contract with DCF prior to facilitating the placements.
These agencies are also to: provide oversight of a placement by visiting the home weekly; provide assistance to help guide the parent or pregnant woman in restoring a stable life; and locate a different voluntary temporary placement if, as determined by the approved agency, a change is necessary.
A home study to determine the suitability of the home is to be conducted prior to a prospective volunteer providing the temporary home. As part of the home study, the approved agency is to consider background checks from the State's child abuse registry and obtain State and federal criminal history record checks for each prospective volunteer and person 18 years of age or older residing in the prospective volunteer's home. The costs of the checks are to be paid by the prospective volunteer and person 18 years of age or older.
The bill also provides that the approved agency is to forward each home study and the agency's determination of the suitability of the home to DCF, prior to placement of a person in crisis in the home of a prospective volunteer. The approved agency is to maintain a record of each home study, background check, and its determination of the suitability of the home.
The bill also amends the law governing confidentiality of information in the State's child abuse registry to permit disclosure of the information to a prospective volunteer seeking to provide a temporary home under the bill and a person 18 years of age or older residing in the home.
