Bill Text: NJ S2537 | 2014-2015 | Regular Session | Introduced
Bill Title: Makes it a crime of the fourth degree for certain persons to willfully and knowingly fail to report child abuse if they know the child abuse has occurred.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2014-10-27 - Introduced in the Senate, Referred to Senate Judiciary Committee [S2537 Detail]
Download: New_Jersey-2014-S2537-Introduced.html
Sponsored by:
Senator RAYMOND J. LESNIAK
District 20 (Union)
Senator STEPHEN M. SWEENEY
District 3 (Cumberland, Gloucester and Salem)
Senator CHRISTOPHER "KIP" BATEMAN
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
SYNOPSIS
Makes it a crime of the fourth degree for certain persons to willfully and knowingly fail to report child abuse if they know that child abuse has occurred.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning child abuse and amending P.L.1971, c.437.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1971, c.437 (C.9:6-8.10) is amended to read as follows:
3. a. Any of the following persons, knowing that a child has been subjected to child abuse, shall report the same immediately to the Division of Child Protection and Permanency by telephone or otherwise:
(1) a school board member, school administrator, teacher, school bus driver or other employee of a public or nonpublic school or school board;
(2) an athletic coach, manager, or official who provides services or assistance as part of a public or private educational institution's athletic program;
(3) a health care professional licensed or otherwise authorized pursuant to Title 26 or Title 45 of the Revised Statutes to practice a health care profession;
(4) a mental health professional, including a licensed clinical social worker, psychologist, licensed professional counselor, or licensed marriage and family therapist;
(5) an employee of the Division of Child Protection and Permanency;
(6) an employee of a child care center as defined in section 3 of P.L.1983, c.492 (C.30:5B-3) or a family day care home as defined in section 3 of P.L.1987, c.27 (C.30:5B-18);
(7) a law enforcement officer;
(8) a member of the clergy;
(9) a member of a youth serving organization as defined in section 1 of P.L.2009, c.139 (C.2C:7-22);
(10) a counselor or administrator in a youth camp as defined in section 3 of P.L.1973, c.375 (C.26:12-3); or
(11) any other person with supervisory or disciplinary power over a child by virtue of the person's legal, professional, or occupational status.
b. Any other person having reasonable cause to believe that a child has been subjected to child abuse or acts of child abuse shall report the same immediately to the Division of Child Protection and Permanency by telephone or otherwise.
c. Such reports, where possible, shall contain the names and addresses of the child and his parent, guardian, or other person having custody and control of the child and, if known, the child's age, the nature and possible extent of the child's injuries, abuse or maltreatment, including any evidence of previous injuries, abuse or maltreatment, and any other information that the person believes may be helpful with respect to the child abuse and the identity of the perpetrator.
(cf: P.L.2012, c.16, s.21)
2. Section 7 of P.L.1971, c.437 (C.9:6-8.14) is amended to read as follows:
7. a. Any person set forth in subsection a. of section 3 of P.L.1971, c.437 (C.9:6-8.10) who willfully and knowingly violates the provisions of this act including the failure to report an act of child abuse knowing that an act of child abuse has been committed, is guilty of a crime of the fourth degree.
b. Any person set forth in subsection b. of section 3 of P.L.1971, c.437 (C.9:6-8.10) who knowingly [violating] violates the provisions of this act including the failure to report an act of child abuse having reasonable cause to believe that an act of child abuse has been committed, is a disorderly person.
(cf: P.L.1971, c.437, s.7)
3. This act shall take effect immediately.
STATEMENT
This bill would increase the penalties for certain persons who knowingly fail to report child abuse.
Under section 3 of P.L.1971, c.437 (C.9:6-8.10), any person having reasonable cause to believe that a child has been subjected to child abuse must report the same immediately to the Division of Child Protection and Permanency. Under section 7 of P.L.1971, c.437 (C.9:6-8.14), any person who knowingly fails to report an act of child abuse having reasonable cause to believe that an act of child abuse has been committed, is a disorderly person.
This bill would increase the penalties for certain categories of persons who willfully and knowingly fail to report child abuse in situations where they know that child abuse has been committed. This is a different standard than under current law, which requires all persons to report child abuse if they have reasonable cause to believe that child abuse has been committed. Under the bill, it would be a crime of the fourth degree if any of the following persons willfully and knowingly fail to report child abuse, knowing that an act of child abuse has been committed:
(1) a school board member, school administrator, teacher, school bus driver or other employee of a public or nonpublic school or school board;
(2) an athletic coach, manager, or official who provides services or assistance as part of a public or private educational institution's athletic program;
(3) a health care professional licensed or otherwise authorized pursuant to Title 26 or Title 45 of the Revised Statutes to practice a health care profession;
(4) a mental health professional, including a licensed clinical social worker, psychologist, licensed professional counselor, or licensed marriage and family therapist;
(5) an employee of the Division of Child Protection and Permanency;
(6) an employee of a child care center as defined in section 3 of P.L.1983, c.492 (C.30:5B-3) or a family day care home as defined in section 3 of P.L.1987, c.27 (C.30:5B-18);
(7) a law enforcement officer;
(8) a member of the clergy;
(9) a member of a youth serving organization as defined in section 1 of P.L.2009, c.139 (C.2C:7-22);
(10) a counselor or administrator in a youth camp as defined in section 3 of P.L.1973, c.375 (C.26:12-3); or
(11) any other person with supervisory or disciplinary power over a child by virtue of the person's legal, professional, or occupational status.
The bill would not change the current law for persons not in these listed categories; it would remain a disorderly persons offense for persons not in the listed categories to knowingly fail to report an act of child abuse having reasonable cause to believe that an act of child abuse has been committed.
A disorderly persons offense is punishable by a term of imprisonment of up to six months or a fine of up to $1,000 or both. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.
