Bill Text: NJ S3850 | 2018-2019 | Regular Session | Introduced
Bill Title: Establishes Office of Child Advocate.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-06-03 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S3850 Detail]
Download: New_Jersey-2018-S3850-Introduced.html
Sponsored by:
Senator JOSEPH P. CRYAN
District 20 (Union)
SYNOPSIS
Establishes Office of Child Advocate.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing the Office of the Child Advocate and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. There is established the Office of the Child Advocate in the Executive Branch of the State Government. For purposes of complying with Article V, Section IV, paragraph 1 of the New Jersey Constitution, the office is allocated within the Department of Children and Families, but notwithstanding the allocation, the office shall be independent of any supervision or control by the department, or a division, office, or officer thereof, in the performance of its duties.
2. a. The administrator and chief executive officer of the office shall be the Child Advocate, who shall be an attorney admitted to practice law in New Jersey and be qualified by training and experience to perform the duties of the office.
b. The Child Advocate shall be appointed by the Governor and shall serve for a term of five years and until the appointment and qualification of his successor. The Governor shall have the power to remove the Child Advocate for cause. The entire professional time of the Child Advocate shall be devoted to the duties of the position, and the Child Advocate shall receive such salary as provided by law. A vacancy occurring in the position of child advocate shall be filled in the same manner as the original appointment, except that if the child advocate dies, resigns, becomes ineligible to serve for any reason, or is removed from office, the Governor shall appoint an acting Child Advocate who shall serve until the appointment and qualification of the Child Advocate's successor.
3. a. The Child Advocate shall seek to ensure the provision of effective, appropriate and timely services for children at risk of abuse and neglect in the State, and that children under State supervision due to abuse or neglect are served adequately and appropriately by the State.
b. The Office of the Child Advocate shall be deemed a child protective agency for the purposes of section 1 of P.L.1977, c.102 (C.9:6-8.10a).
4. a. The Child Advocate shall:
(1) administer the work of the Office of the Child Advocate;
(2) appoint and remove such officers, investigators, stenographic and clerical assistants, and other personnel, in the career or unclassified service, as may be required for the conduct of the office, subject to the provisions 26 of Title 11A of the New Jersey Statutes, and other applicable statutes, except as provided otherwise herein;
(3) formulate and adopt rules and regulations for the efficient conduct of the work and general administration of the office, its officers, and employees, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.); and
(4) institute or cause to be instituted such legal proceedings or processes consistent with the Rules Governing the Courts of New Jersey as may be necessary to properly enforce and give effect to any of the Child Advocate's powers or duties.
b. Consistent with the provisions of federal and State law the Child Advocate shall have:
(1) access to, and the right to inspect and copy, any records, including pupil records in accordance with the provisions of N.J.S.18A:36-19, necessary to carry out the responsibilities under this act; and
(2) reasonable access to, and the right to copy any records from the Department of Children and Families' Statewide Automated Child Welfare Information System, or its successor, necessary to carry out its responsibilities under this act, and only with regard to persons who are or may be the subject of an investigation by the child advocate, or to assess the status of an individual complaint or inquiry to determine whether further action by the child advocate is appropriate; except that, access provided to the Statewide Automated Child Welfare Information System, or its successor, shall be limited to information available through the system, unless otherwise agreed to by the child advocate and the Department of Children and Families.
c. The Child Advocate may issue subpoenas to compel the attendance and testimony of witnesses or the production of books, papers, and other documents, and administer oaths to witnesses in any matter under the investigation of the office. If any person to whom such subpoena is issued fails to appear or, having appeared, refuses to give testimony, or fails to produce the books, papers, or other documents required, the Child Advocate may apply to the Superior Court, which may order the person to appear and give testimony or produce the books, papers, or other documents, as applicable.
d. The Child Advocate shall disseminate information to the public on the objectives of the office, the services the office provides, and the methods by which the office may be contacted.
e. The Child Advocate shall aid the Governor in proposing methods of achieving increased coordination and collaboration among State agencies to ensure maximum effectiveness and efficiency in the provision of services to children.
5. The Child Advocate may:
a. investigate, review, monitor, or evaluate any State agency response to, or disposition of, an allegation of child abuse or neglect
in this State;
b. inspect and review the operations, policies, and procedures of:
(1) juvenile detention centers operated by the counties and all juvenile justice facilities operated by or under contract with the Juvenile Justice Commission, including, but not limited to, secure correctional facilities and residential and day treatment programs;
(2) resource family homes, group homes, residential treatment facilities, shelters for the care of abused or neglected children, shelters for the care of juveniles considered as juvenile-family crisis cases, shelters for the care of homeless youth, or independent living
arrangements operated, licensed, or approved for payment, by the Departments of Children and Families, Community Affairs, or Health; and
(3) any other public or private setting in which a child has been placed by a State or county agency or department;
c. review, evaluate, report on, and make recommendations concerning the procedures established by any State agency providing services to children who are at risk of abuse or neglect, children in State or institutional custody, or children who receive child protective or permanency services;
d. review, monitor, and report on the performance of State-funded private entities charged with the care and supervision of children due to abuse or neglect by conducting research audits or other studies of case records, policies, procedures, and protocols, as deemed necessary by the Child Advocate to assess the performance of the entities;
e. receive, investigate, and make referrals to other agencies or take other appropriate actions with respect to a complaint received by the office regarding the actions of a State, county or municipal agency, or a State-funded private entity providing services to children who are at risk of abuse or neglect;
f. hold a public hearing on the subject of an investigation or study underway by the office, and receive testimony from agency and program representatives, the public, and other interested parties, as the Child Advocate deems appropriate;
g. establish and maintain a 24-hour toll-free telephone hotline to receive and respond to calls from members of the public referring problems to the Child Advocate, both individual and systemic, in how the State, through its agencies or contract services, protects children;
h. in exercising the authority provided in subsection a. of this section, the Child Advocate may conduct unannounced site visits to any institution or facility to which children are committed or placed if the Child Advocate, prior to conducting an unannounced site visit, has initiated a project or investigation into the response or disposition of an allegation of abuse or neglect and there is a reasonable basis to believe that an unannounced site visit is necessary to carry out the Child Advocate's responsibilities under this act, provided, however, that any unannounced site visit shall be conducted at a reasonable time and in a reasonable manner;
i. In exercising the authority provided under subsections a. through e. of this section, the Child Advocate shall consult with any appropriate State, county or municipal agency, or a State-funded private entity providing services to children, and may request from any such entity, and the entity is hereby authorized and directed to provide, such cooperation and assistance as will enable the Office of the Child Advocate to properly perform its responsibilities under this act; and
j. notwithstanding the provisions of section 11 of P.L.1944, c.20 42 (C.52:17A-11) to the contrary, hire independent counsel on a case-by-case basis to provide competent representation in light of the nature of the case, the services to be performed, the experience of the particular attorney, and other relevant factors.
6. a. If the Child Advocate identifies a systemic problem in how the State, through its agencies or contract services, protects children, the Child Advocate shall meet with the State agency or agencies with jurisdiction to provide a reasonable opportunity to discuss the problem and identify possible responses the agency may consider. Taking into account any information provided during the meeting and discussion, the Child Advocate shall provide its findings and recommendations to the agency affected by the findings and recommendations, and, except as provided in subsections b. and c. of section 11 of this act, make those findings and recommendations available to the public.
b. Within 30 days from the receipt of the Child Advocate's findings and recommendations, the agency shall develop a corrective action response that addresses the findings and recommendations of the Child Advocate and specifies what actions, if any, the agency will take in response to the systemic problem identified by the Child Advocate, which response may be developed in conjunction with the Child Advocate.
c. The agency shall submit its corrective action response to the head of the relevant department or departments with jurisdiction over the agency and simultaneously provide a copy to the child advocate.
d. The Child Advocate shall monitor an agency's implementation of its corrective action response. An agency implementing a corrective action response shall provide the Child Advocate with periodic reports on the status of the actions taken by the agency pursuant to its corrective action response. The Child Advocate shall monitor the agency's implementation of its corrective action response for a period of one year, during which time the agency shall provide the Child Advocate with periodic reports, except that the Child Advocate may determine that the monitoring and periodic reports are required for a period of less than one year. The agency's obligation to provide periodic reports on the implementation of its corrective action response may exceed a period of one year if the Child Advocate and the agency jointly agree that an extended reporting period is appropriate.
e. If an agency fails to promptly and adequately implement a corrective action response, the Child Advocate shall take such action as the child advocate deems necessary.
f. An agency shall make public the corrective action responses and periodic status reports required by this section, except that the agency may provide to the Child Advocate an additional response or report containing confidential information.
7. a. In addition to the powers granted in section 5 of this act, the Child Advocate may:
(1) intervene in or institute litigation, including appearing in the capacity of an amicus curiae, as appropriate, or
(2) intervene in or institute administrative proceedings before any department, commission, agency, or State board, to assert the broad public interest of the State in the welfare of children and to protect and promote the rights of children. In taking such actions, the Child Advocate shall consider whether a child or family may be in need of assistance from the child advocate or whether there is a systemic issue in the State's provision of services to children that should be addressed. The Child Advocate shall make a good faith effort to resolve issues or problems, and shall have the authority to commence negotiations, mediation, or alternative dispute resolution in its advocacy efforts prior to, or in lieu of, the initiation of any action brought pursuant to this section.
b. The Child Advocate shall have discretion to decide whether to intervene in any particular matter or to represent or refrain from representing the public interest in a proceeding. The Child Advocate shall consider, in exercising the Child Advocate's discretion, the resources available, the importance and extent of the public interest involved, and whether that interest would be adequately represented without the action of the office.
8. a. The Child Advocate shall seek the approval of a parent, guardian, or law guardian, as applicable, or obtain the approval of a court of competent jurisdiction so as to communicate directly with a child who is the subject of a complaint or allegation of child abuse or neglect, if necessary to conduct an investigation authorized under the provisions of this act. The communications with the child shall be conducted under such terms and conditions that protect the best interests of the child.
b. If court approval is sought, the court, in reviewing an application for approval, shall consider:
(1) the best interests of the child, so as to minimize any detrimental effects on the child that may occur as a result of the communication; and
(2) the investigative needs of the child advocate and law enforcement authorities, when applicable. Upon consideration of the factors in this subsection, the court may order any alternative methods for obtaining the required information.
9. The Child Advocate shall seek to ensure the protection of children who are in an institution or resource family care by reviewing, evaluating, and monitoring the operation and activities of the Institutional Abuse Investigation Unit in the Department of Children and Families.
a. In order to enable the Child Advocate to carry out the child advocate's responsibilities under this section, the Institutional Abuse Investigation Unit shall:
(1) promptly notify the Child Advocate of any allegations of abuse or neglect made against an institution or resource family home serving children in this State;
(2) promptly provide the Child Advocate with a copy of the unit's response to the complaint and the actions taken by the unit to address the complaint;
(3) provide the Child Advocate with monthly updates of the status of actions proposed by the unit regarding an existing complaint that has not been resolved; and
(4) provide the Child Advocate with such other information as the child advocate may deem necessary to carry out the Child Advocate's responsibilities to review, evaluate, and monitor the operation and activities of the unit.
b. As used in this section, "institution" means a public or private facility, in this State or out-of-State, that provides children with out-of-home care, supervision or maintenance. Institution includes, but is not limited to: a correctional facility, detention facility, treatment facility, child care center, group home, public and nonpublic elementary or secondary school and school bus or other similar vehicle used to transport students to and from school, residential school, shelter, psychiatric hospital, and developmental center.
10. The Child Advocate shall report annually to the Governor, the Commissioner of Children and Families, and the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on: the activities of the office; priorities for children's services that have been identified by the Child Advocate; and recommendations for improvement or needed changes concerning the provision of services to children who are at risk of abuse or neglect, and are in State or institutional custody, or receive child protective or permanency services by State agencies and State-funded private entities. The annual report shall be made available to the public and posted on the Department of Children and Families' internet website.
11. a. The Child Advocate shall make public its findings of investigation reports or other studies undertaken by the office, including its investigatory findings to complaints received pursuant to section 5 of this act, and shall forward any publicly reported findings to the Governor, the Legislature, the Commissioner of Children and Families, and the affected public agencies.
b. The Child Advocate shall not disclose:
(1) any information that would likely endanger the life, safety, or physical or emotional well-being of a child, or the life or safety of a person who filed a complaint or which may compromise the integrity of a State or county department or agency investigation, civil or criminal investigation, or judicial or administrative proceeding; and
(2) the name of or any other information identifying the person who filed a complaint with, or otherwise provided information to, the office without the written consent of that person. The information subject to the provisions of this subsection shall not be considered a public record pursuant to the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.) and P.L.2001, c.404 (C.47:1A-5 et al.).
c. The Child Advocate shall not disclose any information that may be deemed confidential by federal or State law, except when necessary to allow the Department of Children and Families, Attorney General, Juvenile Justice Commission, and other State or county department or agency to perform its duties and obligations under the law.
12. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Child Advocate and the Department of Children and Families may adopt any rules and regulations necessary to effectuate the purposes of this act.
13. This act shall take effect immediately
STATEMENT
This bill establishes the Office of the Child Advocate in, but not
of, the Department of Children and Families (DCF). The bill provides that the child advocate would seek to ensure the provision of effective, appropriate, and timely services for children at risk of abuse and neglect in the State, and that children under State supervision due to abuse or neglect are served adequately and appropriately by the State.
The Office of the Child Advocate would be deemed a child protective agency for the purposes of N.J.S.A.9:6-8.10a.
The bill allows the Child Advocate to: investigate, review, monitor, or evaluate any State agency response on, or disposition of, an allegation of child abuse or neglect in this State; inspect and review the operations, policies, and procedures of juvenile detention centers, resource family homes, group homes, residential treatment facilities, shelters for the care of abused or neglected children, shelters for the care of juveniles considered as juvenile-family crisis cases, shelters for the care of homeless youth, or independent living arrangements; and any other public or private residential setting in which a child has been placed by a State or county agency or department; review, evaluate, report on, and make recommendations concerning the procedures established by any State agency providing services to children who are at risk of abuse or neglect, children in State or institutional custody, or children who receive child protective or permanency services; review, monitor, and report on the performance of State-funded private entities charged with the care and supervision of children at risk of abuse or neglect by conducting research audits or other studies of case records, policies, procedures, and protocols, as deemed necessary by the child advocate to assess the performance of the entities; receive, investigate, and make referrals to other agencies or take other appropriate actions with respect to a complaint received by the office regarding the actions of a State, county or municipal agency, or a State-funded private entity providing services to children who are at risk of abuse or neglect; hold a public hearing on the subject of an investigation or study underway by the office, and receive testimony from agency and program representatives, the public, and other interested parties, as the child advocate deems appropriate; establish and maintain a 24 hour toll-free telephone hotline to receive and respond to calls from members of the public referring problems to the child advocate, both individual and systemic, in how the State, through its agencies and contract services, protect children; and intervene in or institute litigation, or intervene in or institute administrative proceedings before any department, commission, agency, or State board, to assert the broad public interest of the State in the welfare of children and to protect and promote the rights of children.
The bill provides that the Child Advocate would seek to ensure the protection of children who are in an institution or resource family home by reviewing, evaluating, and monitoring the operation and activities of the Institutional Abuse Investigation Unit in DCF.
The bill also provides that the Child Advocate would report annually to the Governor, Commissioner of Children and Families, and Legislature on: the activities of the office; priorities for children's services that have been identified by the child advocate; and recommendations for improvement or needed changes concerning the provision of services to children who are at risk of abuse or neglect, and are in State or institutional custody, or receive child protective or permanency services by State agencies and State-funded private entities, and make the annual report available to the public and post the report on DCF's website.
