reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-55 - Report of prospective parents.

9:3-55. Report of prospective parents.
19. a. A prospective parent who is not a brother, sister, aunt, uncle, grandparent, resource family parent, birth father or stepparent of the child to be adopted shall file before the complaint is heard, in accordance with court rules, a detailed report which shall be signed and verified by each prospective parent and shall disclose all sums of money or other valuable consideration paid, given or agreed to be given to any person, firm, partnership, corporation, association or agency by or on behalf of the prospective parent in connection with the adoption, and the names and addresses of each person, firm, partnership, corporation, association or agency to whom the consideration was given or promised. The report, a copy of which shall be provided to the approved agency pursuant to section 11 or 12 of P.L.1977, c.367 (C.9:3-47 or C.9:3-48), shall include but not be limited to expenses incurred or to be incurred by or on behalf of a prospective parent in connection with:
(1) The birth of the child;
(2) The placement for adoption of the child with the prospective parent;
(3) Medical or hospital care received by the mother or the child during the mother's pre- and postnatal period; and
(4) Services relating to the adoption or to the placement for adoption, including legal services, which were rendered or are to be rendered to or for the benefit of the prospective parent, either parent of the child or any other person or agency.
b. Whenever based upon a report filed pursuant to this section it appears to the court that any person may have violated section 18 of P.L.1993, c.345 (C.9:3-39.1) the court or the division may refer the matter to the appropriate county prosecutor.
L.1977,c.367,s.19; amended 1993, c.345, s.17; 2004, c.130, s.19.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-56 - Severability

9:3-56. Severability
If any provision of this act, or any application of any provision, is held invalid, the invalidity shall not affect other applications of the provision, or other provisions of the act, which reasonably can be given effect despite the invalidity. To this end, the provisions of this act are declared severable.
L.1977, c. 367, s. 21.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3A-3 - Department of Children and Families established.

9:3A-3 Department of Children and Families established.
3. There is established in the Executive Branch of the State Government a principal department that shall be known as the Department of Children and Families.
L.2006, c.47, s.3.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3A-4 - Definitions relative to Department of Children and Families.

9:3A-4 Definitions relative to Department of Children and Families.
4. As used in this act:
"Commissioner" means the Commissioner of Children and Families.
"Department" means the Department of Children and Families established by this act.
L.2006, c.47, s.4.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3A-5 - Commissioner of Children and Families.

9:3A-5 Commissioner of Children and Families.
5. a. The head and chief administrative officer of the department shall be the Commissioner of Children and Families. The commissioner shall be a person qualified by training and experience to perform the duties of his office. The commissioner shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor during the Governor's term of office and until the appointment and qualification of the commissioner's successor. He shall receive such salary as shall be provided by law and shall devote his entire time and attention to the duties of the office and shall not engage in any other profession or occupation.
b. The commissioner shall delegate such of his powers as he deems appropriate for the efficient administration of the department, to be exercised under the commissioner's direction and supervision by one or more deputy commissioners. A deputy commissioner shall devote his entire time and attention to the duties of that office and shall receive such salary as the commissioner deems appropriate.
L.2006, c.47, s.5.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3A-6 - Designation of final decision maker for contested cases.

9:3A-6 Designation of final decision maker for contested cases.
6. Notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the commissioner may designate an appropriate officer of the department to serve as the final decision maker in any contested case or group of contested cases filed with the Office of Administrative Law. The designation shall be in writing and shall be filed with the Office of Administrative Law. The designation shall remain in effect until amended by the commissioner.
L.2006, c.47, s.6.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3A-7.1 - Regulations for implementing provisions of act establishing the department.

9:3A-7.1 Regulations for implementing provisions of act establishing the department.
203. Notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Commissioner of Children and Families may, with the approval of the Governor, adopt, immediately upon filing with the Office of Administrative Law, such regulations as the commissioner deems necessary to implement the provisions of this act, which regulations shall be effective for a period not to exceed six months and may, thereafter, be amended, adopted or readopted by the commissioner in accordance with the requirements of P.L.1968, c.410 (C.52:14B-1 et seq.).
L.2006, c.47, s.203.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3A-7.2 - List of State-owned properties available for use as residential treatment facility for certain juveniles.

9:3A-7.2 List of State-owned properties available for use as residential treatment facility for certain juveniles.
1. The Commissioner of Children and Families, in conjunction with the State Treasurer, shall prepare and maintain a list of all available State-owned properties that would be suitable for use as a residential treatment facility for juveniles who are adjudicated by a court of competent jurisdiction to be in need of mental health treatment or referred by the Department of Children and Families.
The list shall include: the location of the property; the general condition of the property, including whether the property is available for immediate occupancy; and the square footage of the property including, if available or applicable, the size of potential sleeping areas, eating areas and kitchen space, recreational space, and classroom space.
The commissioner shall provide the list to nonprofit and for-profit agencies and organizations that provide or intend to provide residential mental health services to children, upon request of the agency or organization and when the State is provided notice, either verbally or in writing, that the agency or organization is relocating.
L.2007,c.76,s.1.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3A-7.3 - Rules, regulations prescribed by Commissioner of Children and Families concerning out-of-State placement for children.

9:3A-7.3 Rules, regulations prescribed by Commissioner of Children and Families concerning out-of-State placement for children.
2. a. The Commissioner of Children and Families, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and within 180 days after the effective date of this act, shall adopt rules and regulations that prescribe standards for the placement of children from this State in out-of-State residential schools and programs, and shall include the following:
(1) Except as provided in paragraph (2) of this subsection, prior to entering into a contract with or licensing an out-of-State residential school or program, the Department of Children and Families shall conduct an evaluation and inspection of the school or program, which shall include a site visit and such other means, as established by the rules and regulations, to evaluate the school or program. The department may conduct its own inspection or contract with another entity to perform the inspection;
(2) In the case of the need for an emergency placement in an out-of-State residential school or program, the department shall ensure that the school or program meets the applicable rules and regulations within 30 days after the placement. If the school or program does not meet the rules and regulations within the 30-day period, the department shall find an alternate school or program that does meet them;
(3) The department shall include in its contract with an out-of-State residential school or program the authority to conduct unannounced inspections of the school or program;
(4) The department shall include on its official website a list of out-of-State residential schools and programs that the department licenses or contracts with; and
(5) The department shall share with the Department of Human Services reports it receives concerning any accidents, unusual incidents as defined by applicable rules and regulations, or incidents involving suspected abuse or neglect at an out-of-State residential school or program.
b. The department, within 18 months after the adoption of rules and regulations pursuant to subsection a. of this section, shall report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on the implementation of the provisions of this section and the department's efforts to expand the State's capacity to provide in-State residential schools and programs and reduce out-of-State placements.
L.2007, c.286, s.2.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3A-7.4 - Standardized admission protocols for transfer of child to psychiatric facility.

9:3A-7.4 Standardized admission protocols for transfer of child to psychiatric facility.
2. The Commissioner of Children and Families, after consultation with the State-designated Children's Crisis Intervention Services units and screening centers, the New Jersey Hospital Association, the Hospital Alliance of New Jersey, the New Jersey Council of Teaching Hospitals, the New Jersey Chapter of the American College of Emergency Physicians, the New Jersey Psychiatric Association, the New Jersey Association of Mental Health Agencies, and other groups as deemed appropriate by the commissioner, shall develop standardized admission protocols. The protocols shall include, but not be limited to, the following:
a. routine laboratory and diagnostic tests, based on nationally recognized standards of care, for patients whose clinical presentation warrant such testing. If there is a clinical disagreement about the testing between the examining physician at the emergency department and the assigned physician at the psychiatric hospital or facility, the physicians shall engage in direct physician-to-physician communication to resolve the disagreement; and
b. a medical clearance checklist form for transfer or admission to a Children's Crisis Intervention Services unit or screening center.
L.2009, c.242, s.2.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3A-7.5 - DCF rules, regulations.

9:3A-7.5 DCF rules, regulations.
4. The Commissioner of Children and Families, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such rules and regulations as the commissioner deems necessary to carry out the provisions of this act.
L.2009, c.242, s.4.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3A-8 - Necessary investigations; powers.

9:3A-8 Necessary investigations; powers.
8. The commissioner may make, or cause to be made, such investigations as he deems necessary in the administration of the Department of Children and Families. For the purpose of any such investigation he may cause to be examined under oath any and all persons whatsoever and compel by subpoena the attendance of witnesses and the production of such books, records, accounts, papers and other documents as are appropriate. If a witness fails without good cause to attend, testify or produce such records or documents as directed in the subpoena, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons or subpoena issued from a court of record in this State.
L.2006, c.47, s.8.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3A-9 - Functions, powers, duties of Office of Children's Services transferred to department.

9:3A-9 Functions, powers, duties of Office of Children's Services transferred to department.
9. All of the functions, powers, and duties of the Office of Children's Services in the Department of Human Services, and the power to receive, allocate, expend, and authorize the expenditure of federal moneys available for children and families are hereby transferred and assigned to, assumed by, and devolved upon the Department of Children and Families. To effectuate such transfer there shall also be transferred such officers and employees as are necessary, all appropriations or reappropriations, to the extent of remaining unexpended or unencumbered balances thereof, whether allocated or unallocated and whether obligated or unobligated, and all necessary books, papers, records and property. All rules, regulations, acts, determinations, and decisions in force at the time of such transfer and proceedings or other such matters undertaken, commenced, or pending by or before the Office of Children's Services at the time of such transfer shall continue in force and effect until duly modified, abrogated or completed by the Department of Children and Families.
As used in this section, the Office of Children's Services includes, but is not limited to, the Division of Child Protection and Permanency, the Division of Children's System of Care, the Division of Family and Community Partnerships, and the New Jersey Child Welfare Training Academy in the Department of Human Services.
L.2006, c.47, s.9; amended 2012, c.16, s.19.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3A-10 - "Office of Children's Services" refers to Department of Children and Families.

9:3A-10 "Office of Children's Services" refers to Department of Children and Families.
10. a. Whenever the term "Office of Children's Services" occurs or any reference is made thereto in any law, regulation, contract, or document, the same shall be deemed to mean or refer to the Department of Children and Families.
b. Whenever the terms "Division of Youth and Family Services," "Division of Child Behavioral Health Services," "Division of Prevention and Community Partnerships" and "New Jersey Child Welfare Training Academy" occur or any reference is made thereto in any law, regulation, contract, or document, the same shall be deemed to mean or refer to, respectively, the "Division of Child Protection and Permanency," "Division of Children's System of Care," "Division of Family and Community Partnerships," and "New Jersey Child Welfare Training Academy" in the Department of Children and Families established herein.
L.2006, c.47, s.10; amended 2012, c.16, s.20.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3A-11 - Transfer of certain DHS staff to department.

9:3A-11 Transfer of certain DHS staff to department.
11. A proportionate share of the programmatic, administrative, and support staff of the Department of Human Services supporting the functions, powers and duties transferred under this act are transferred to the Department of Children and Families.
The transfer of specific facilities, resources and personnel shall be determined by agreement between the Commissioner of Children and Families and the Commissioner of Human Services, after considering the number and type of positions currently used for support for the functions, powers and duties transferred and the appropriateness of transferring personnel, positions, and funding.
L.2006, c.47, s.11.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3A-12 - Act subject to C.52:14D-1 et seq.

9:3A-12 Act subject to C.52:14D-1 et seq.
12. This act shall be subject to the provisions of the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.), except as may otherwise be provided under this act.
L.2006, c.47, s.12.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3A-13 - Inapplicability of act.

9:3A-13 Inapplicability of act.
13. This act shall not:
a. affect the tenure, compensation, and pension rights, if any, of the lawful holder thereof, in any position not specifically abolished herein; and
b. alter the term of any member of any board, commission, or public body, not specifically abolished herein, lawfully in office on the effective date of this act, or require the reappointment thereof.
L.2006, c.47, s.13.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3A-15 - "Mom2Mom Peer Support Program" helpline.

9:3A-15 "Mom2Mom Peer Support Program" helpline.
1. a. The Department of Children and Families shall establish, in coordination with University Behavioral HealthCare of Rutgers, the State University, or another entity, a toll-free "Mom2Mom Peer Support Program" helpline, or a similar helpline.
b. The helpline shall be accessible 24 hours a day, seven days per week, and shall respond to calls from mothers, caregivers, and their families. The staff of the helpline shall seek to identify the mothers, children, caregivers, and their families who should be referred to further support and counseling services, and provide informational resources.
c. The peer staff shall be trained by University Behavioral HealthCare of Rutgers, the State University, or another entity, and, to the greatest extent possible, shall be mothers of children with special needs, who are:
(1) familiar with developmental disabilities, brain injury, behavioral healthcare issues, medical illness, cancer, and the emotional and mental health burden and psychological tension, depression, and anxieties unique to these mothers, children, and their families, or
(2) trained to provide reciprocal peer support services involving children with special needs and family life, mental health, personal stress management, and other emotional or psychological disorders or conditions which may be likely to adversely affect the personal and related well-being of children, mothers, caregivers, and their families.
d. The Department of Children and Families and University Behavioral HealthCare of Rutgers, the State University, or another entity, shall provide for the confidentiality of the names of the callers, the information discussed, and any referrals for further peer support or counseling; provided, however, that the Department of Children and Families and Rutgers, the State University, or another entity, may establish guidelines providing for the tracking of any person who exhibits a severe emotional or psychological disorder or condition which the operator handling the call reasonably believes might result in harm to the child or mother or any other person.
L.2013, c.281, s.1.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3A-16 - List of credentialed resources, behavioral health care providers.

9:3A-16 List of credentialed resources, behavioral health care providers.
2. University Behavioral HealthCare of Rutgers, the State University, or another entity, shall maintain a list of credentialed resources and behavioral health care providers throughout the State, and shall provide case management services to ensure that mothers, children, and their families receive ongoing counseling and a continuum of care in New Jersey. The continuum of services shall utilize applicable State and federal guidelines while providing ongoing peer support.
L.2013, c.281, s.2.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3A-17 - Annual consultation.

9:3A-17 Annual consultation.
3. In establishing the helpline authorized under the provisions of section 1 of P.L.2013, c.281 (C.9:3A-15) the Commissioner of Children and Families and University Behavioral HealthCare of Rutgers, the State University, or another entity, shall consult on an annual basis with the Division of Developmental Disabilities in the Department of Human Services, the Division of Children's System of Care in the Department of Children and Families, the United States Department of Health and Human Services, and at least two State recognized child advocacy groups.
L.2013, c.281, s.3.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3A-18 - Availability of applications for services and supports in multiple languages for persons with developmental disabilities from Department of Children and Families.

9:3A-18 Availability of applications for services and supports in multiple languages for persons with developmental disabilities from Department of Children and Families.
1. The Commissioner of Children and Families shall make available in at least the five most common languages spoken in the State, inclusive of Spanish and Korean: applications for services and supports that are available for persons with developmental disabilities, as defined in section 3 of P.L.1977, c.82 (C.30:6D-3); any forms that are to be used in requesting the informed consent of an individual with a developmental disability, or of the individual's guardian, with respect to the sharing of health information; and other forms, upon request, to the extent feasible.
L.2019, c.389, s.1.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-1.1 - Treatment of ill children according to religious tenets of church

9:6-1.1. Treatment of ill children according to religious tenets of church
The article to which this act is a supplement shall not be construed to deny the right of a parent, guardian or person having the care, custody and control of any child to treat or provide treatment for an ill child in accordance with the religious tenets of any church as authorized by other statutes of this State; provided , that the laws, rules, and regulations relating to communicable diseases and sanitary matters are not violated.
L.1950, c. 126, p. 236, s. 1.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-2 - "Parent" and "custodian" defined.

9:6-2 "Parent" and "custodian" defined.
9:6-2. "Parent", as used in this chapter, shall include the stepfather and stepmother and the adoptive or resource family parent. "The person having the care, custody and control of any child", as used in this chapter, shall mean any person who has assumed the care of a child, or any person with whom a child is living at the time the offense is committed, and shall include a teacher, employee or volunteer, whether compensated or uncompensated, of an institution as defined in section 1 of P.L.1974, c.119 (C.9:6-8.21) who is responsible for the child's welfare, and a person who legally or voluntarily assumes the care, custody, maintenance or support of the child. Custodian also includes any other staff person of an institution regardless of whether or not the person is responsible for the care or supervision of the child. Custodian also includes a teaching staff member or other employee, whether compensated or uncompensated, of a day school as defined in section 1 of P.L.1974, c.119 (C.9:6-8.21).
Amended 1987, c.341, s.2; 2004, c.130, s.20.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-3 - Cruelty and neglect of children; crime of fourth degree; remedies

9:6-3. Cruelty and neglect of children; crime of fourth degree; remedies
9:6-3. Any parent, guardian or person having the care, custody or control of any child, who shall abuse, abandon, be cruel to or neglectful of such child, or any person who shall abuse, be cruel to or neglectful of any child shall be deemed to be guilty of a crime of the fourth degree. If a fine be imposed, the court may direct the same to be paid in whole or in part to the parent, or to the guardian, custodian or trustee of such minor child or children; provided, however, that whenever in the judgment of the court it shall appear to the best interest of the child to place it in the temporary care or custody of a society or corporation, organized or incorporated under the laws of this State, having as one of its objects the prevention of cruelty to children, and the society or corporation is willing to assume such custody and control, the court may postpone sentence and place the child in the custody of such society or corporation, and may place defendant on probation, either with the county probation officers or an officer of the society or corporation to which the child is ordered, and may order the parent, guardian or person having the custody and control of such child to pay to such society or corporation a certain stated sum for the maintenance of such child. When, however, a child is so placed in the custody of such society or corporation, and defendant fails to make the payments as ordered by the court, the court shall cause the arrest and arraignment before it of such defendant, and shall impose upon the defendant the penalty provided in this section.
Amended 1944,c.196,s.1; 1990,c.26,s.5.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-4 - Jurisdiction of complaints

9:6-4. Jurisdiction of complaints
9:6-4. Complaints for violation of the provisions of this chapter may be made to the Superior Court or any municipal court. Whenever any person, who shall be charged with any such offense upon oath before any court or by indictment, shall, in writing signed by him and addressed to the county prosecutor of the county wherein the offense was committed, waive indictment and trial by jury, or trial by jury, as the case may be, and request to be tried immediately before the Superior Court without a jury, the county prosecutor shall report such fact to such court, which, unless it shall deem the public interest will be benefited by denying such request, shall with all due and reasonable speed, proceed to try the person so charged and determine and adjudge his guilt or innocence.
Amended 1944, c.196, s.2; 1953, c.9, s.15; 1991,c.91,s.195.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-5 - Complaints, who may prefer

9:6-5. Complaints, who may prefer
Any board of education or police department of any municipality, township, towns and boroughs, its designated officers, members or agents, or any society, association or board incorporated or organized under the laws of this State, having as one of its objects the prevention of cruelty to children, its officers or agents, may prefer a complaint against and cause to be arrested and prosecuted any person who shall offend against the provisions of this chapter, and aid in prosecuting the complaint before the court.
Amended by L.1939, c. 277, s. 1.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-6 - Disposition of fines, penalties and forfeitures

9:6-6. Disposition of fines, penalties and forfeitures
All fines, penalties and forfeitures imposed and collected in any case when any society, association or board incorporated or organized under the laws of this state having as one of its objects the prevention of cruelty to children, shall be complainant, shall inure to such society, to be used by it for the benefit of the children in its care. All other fines imposed by a court in accordance with the provisions of this chapter shall be paid to the overseer of the poor of the municipality where the defendant resided, to be used for the benefit of the poor of that municipality.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-7 - Agents of societies commissioned as police officers and constables

9:6-7. Agents of societies commissioned as police officers and constables
9:6-7. Any duly organized or incorporated humane society, having for one of its objects the protection of children from cruelty, may offer any agents or officers employed by such society to the mayor or other executive officer having authority to commission police officers of any municipality having a regularly organized police department, for the purpose of being commissioned to act as police officers through the limits of such municipality for the purpose of arresting all the offenders against this chapter or any of the provisions thereof, whereupon the mayor in such city shall, if such persons are proper and discreet persons, commission them to act as such police officers, with all the rights and powers appertaining thereto; but no such municipality shall be liable in any way for the salary or wages of such officers, or for any expense whatever in relation thereto, except for the detention of prisoners.
In any municipality not having a regularly organized police department, such humane society may offer similarly qualified persons to the Assignment Judge of the Superior Court for the county, whereupon such court shall, if they be fit persons, commission such persons to act as constables, with power to arrest all offenders against this chapter or any provisions thereof; but no municipality or county shall be in anywise liable for the salary or wages of any such officer, or for any expense in relation thereto, except for the detention of prisoners.
All persons thus qualified under this section shall be deemed to be constables and police officers, and the keepers of jails or lockups or station houses in any of such counties are required to receive all persons arrested by such policemen or constables.
Amended 1953, c.9, s.16; 1991,c.91,s.196.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8 - Warrants to enter place of supposed violation, arrest

9:6-8. Warrants to enter place of supposed violation, arrest
9:6-8. Whenever any person shall, before the Superior Court, or municipal court, make oath that the affiant believes that this chapter has been or is being violated in any place or house, such court shall forthwith issue a warrant to a constable or other authorized officer to enter such place or house and investigate the same, and such person may arrest or cause to be arrested all offenders and bring them before any court for a hearing of the case; and all constables and policemen shall aid in bringing all such offenders before such authorities for a hearing.
Amended 1953, c.9, s.17; 1991,c.91,s.197.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.8 - Health, safety, best interest of child paramount concern.

9:6-8.8. Health, safety, best interest of child paramount concern.
1. a. The purpose of this act is to provide for the protection of children under 18 years of age who have had serious injury inflicted upon them by other than accidental means. The safety of the children served shall be of paramount concern and the best interests of the child shall be a primary consideration. It is the intent of this legislation to assure that the lives of innocent children are immediately safeguarded from further injury and possible death and that the legal rights of the children are fully protected.
b. (1) In accordance with the provisions of paragraphs (2), (3), and (4) of this subsection, when determining the reasonable efforts to be made and when making the reasonable efforts, the child's health and safety shall be of paramount concern and the best interests of the child shall be a primary consideration.
(2) In any case in which the division accepts a child in care or custody, the division shall make reasonable efforts, prior to placement, to preserve the family in order to prevent the need for removing the child from his home. After placement, the division shall make reasonable efforts to make it possible for the child to safely return to his home.
(3) Reasonable efforts to place a child for adoption or with a legal guardian or in an alternative permanent placement may be made concurrently with reasonable efforts to preserve and reunify the child's family.
(4) In any case in which family reunification is not the permanency plan for the child, reasonable efforts shall be made to place the child in a timely manner and to complete the steps necessary to finalize the permanent placement of the child.
L.1971, c.437, s.1; amended 1999, c.53, s.4; 2015, c.255, s.2.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.9 - "Abused child" defined

9:6-8.9. "Abused child" defined
For purposes of this act:
"Abused child" means a child under the age of 18 years whose parent, guardian, or other person having his custody and control:
a. Inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ;
b. Creates or allows to be created a substantial or ongoing risk of physical injury to such child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted loss or impairment of the function of any bodily organ; or
c. Commits or allows to be committed an act of sexual abuse against the child;
d. Or a child whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent or guardian, or such other person having his custody and control, to exercise a minimum degree of care (1) in supplying the child with adequate food, clothing, shelter, education, medical or surgical care though financially able to do so or though offered financial or other reasonable means to do so, or (2) in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or substantial risk thereof, including the infliction of excessive corporal punishment or using excessive physical restraint under circumstances which do not indicate that the child's behavior is harmful to himself, others or property; or by any other act of a similarly serious nature requiring the aid of the court;
e. Or a child who has been willfully abandoned by his parent or guardian, or such other person having his custody and control;
f. Or a child who is in an institution as defined in section 1 of P.L.1974, c. 119 (C. 9:6-8.21) and (1) has been so placed inappropriately for a continued period of time with the knowledge that the placement has resulted and may continue to result in harm to the child's mental or physical well-being or (2) has been willfully isolated from ordinary social contact under circumstances which indicate emotional or social deprivation.
A child shall not be considered abused pursuant to subsection f. of this section if the acts or omissions described therein occur in a day school as defined in section 1 of P.L.1974, c. 119 (C. 9:6-8.21).
L. 1971, c.437, s.2; amended by L. 1974, c.119, s.53; 1987,c.341,s.3.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.10 - Report of abuse.

9:6-8.10 Report of abuse.
3. Any person having reasonable cause to believe that a child has been subjected to child abuse, including sexual abuse, or acts of child abuse shall report the same immediately to the Division of Child Protection and Permanency by telephone or otherwise.
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.
L.1971, c.437, s.3; amended 1987, c.341, s.4; 2012, c.16, s.21; 2019, c.40, s.1.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.10b - Permitting or encouraging release of record or report; penalty

9:6-8.10b. Permitting or encouraging release of record or report; penalty
Any person who willfully permits or encourages the release of the contents of any record or report in contravention of this act shall be guilty of a misdemeanor and subject to a fine of not more than $1,000.00, or to imprisonment for not more than 3 years, or both.
L.1977, c. 102, s. 2, eff. May 25, 1977.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.10c - Child abuse record information check on designated caretaker.

9:6-8.10c Child abuse record information check on designated caretaker.
2. a. Upon receiving the presentencing investigation information from the court pursuant to section 1 of P.L.2003, c.301 (C.2C:44-6.2) concerning a sole caretaker of a child who will be incarcerated and the person who will assume care and custody of the child during the period of incarceration, the Division of Child Protection and Permanency in the Department of Children and Families shall conduct a child abuse record information check of its child abuse records to determine if an incident of child abuse or neglect has been substantiated against the person who will be responsible for the child's care and custody or any adult and juvenile over 12 years of age in the person's household.
b. If, based on the information provided by the court and the check of its child abuse records, the division determines that the incarcerated person's minor child may be at risk for abuse or neglect or the child's emotional, physical, health care, and educational needs will not be met during the period of incarceration, the division shall take appropriate action to ensure the safety of the child.
L.2003, c.301, s.2; amended 2006, c.47, s.43; 2012, c.16, s.23.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.10d - Rules, regulations.

9:6-8.10d Rules, regulations.
4. 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 carry out the purposes of sections 2 and 3 of this act.
L.2003, c.301, s.4; amended 2006, c.47, s.44.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.10e - Check of child abuse registry for guardians.

9:6-8.10e Check of child abuse registry for guardians.
9. a. In accordance with the provisions of sections 6 and 7 of P.L.2005, c.370 (C.52:27G-37 and C.52:27G-38), the Department of Children and Families shall conduct a check of its child abuse registry for each person seeking registration as a professional guardian who is required to undergo such a check pursuant to P.L.2005, c.370 (C.52:27G-32 et al.). The department shall immediately forward the information obtained as a result of the check to the Office of the Public Guardian for Elderly Adults.
b. Subsequent to the initial registration of an individual as a professional guardian, the public guardian may submit the name of a registered professional guardian for an additional child abuse registry check. Upon receipt of a response from the department, the public guardian shall make a determination regarding the continuation of the registration of the person as a professional guardian.
L.2005, c.370, s.9; amended 2006, c.47, s.45.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.10f - Check of abuse registry relative to individuals seeking employment.

9:6-8.10f Check of abuse registry relative to individuals seeking employment.
5. a. The Department of Children and Families shall conduct a check of its child abuse registry for each person who is seeking employment at the Department of Children and Families, or in any facility or program that is licensed, contracted, regulated, or funded by the Department of Children and Families, or who is seeking employment in any facility or program that is licensed, contracted, or regulated by the Department of Human Services to provide community-based services to individuals with developmental disabilities, in order to determine if the person is included on the child abuse registry as a substantiated perpetrator of child abuse or neglect.
b. 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 prohibit a person who is included on the child abuse registry from being employed at the Department of Children and Families, or in any facility or program that is licensed, contracted, regulated, or funded by the Department of Children and Families.
c. The Commissioner of Human Services shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to prohibit a person who is included on the child abuse registry from: (1) being employed in any facility or program that is licensed, contracted, regulated, or funded by the Department of Human Services to serve individuals with developmental disabilities; and (2) providing community-based services with indirect State funding to individuals with developmental disabilities.
L.2017, c.213, s.5.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.11 - Actions to ensure safety of child; investigation; report.

9:6-8.11 Actions to ensure safety of child; investigation; report.
4. Upon receipt of any such report, the Division of Child Protection and Permanency, or such another entity in the Department of Children and Families as may be designated by the Commissioner of Children and Families to investigate child abuse or neglect, shall immediately take such action as shall be necessary to insure the safety of the child and to that end may request and shall receive appropriate assistance from local and State law enforcement officials. A representative of the division or other designated entity shall initiate an investigation within 24 hours of receipt of the report, unless the division or other entity authorizes a delay based upon the request of a law enforcement official. The division or other entity shall also, within 72 hours, forward a report of such matter to the child abuse registry operated by the division in Trenton.
The child abuse registry shall be the repository of all information regarding child abuse or neglect that is accessible to the public pursuant to State and federal law. No information received in the child abuse registry shall be considered as a public record within the meaning of P.L.1963, c.73 (C.47:1A-1 et seq.) or P.L.2001, c.404 (C.47:1A-5 et al.).
L.1971, c.437, s.4; amended 2004, c.130, s.23; 2006, c.47, s.46; 2012, c.16, s.24.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.12 - Emergency telephone services for child abuse and neglect calls.

9:6-8.12 Emergency telephone services for child abuse and neglect calls.
5. The Division of Child Protection and Permanency shall maintain, at all times, an emergency telephone service for the receipt of calls involving a report, complaint, or allegation of child abuse or neglect.
L.1971, c.437, s.5; amended 2004, c.130, s.24; 2012, c.16, s.25.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.13 - Immunity

9:6-8.13. Immunity
Anyone acting pursuant to this act in the making of a report under this act shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such person shall have the same immunity with respect to testimony given in any judicial proceeding resulting from such report.
A person who reports or causes to report in good faith an allegation of child abuse or neglect pursuant to section 3 of P.L.1971, c. 437 (C. 9:6-8.10) and as a result thereof is discharged from employment or in any manner discriminated against with respect to compensation, hire, tenure or terms, conditions or privileges of employment, may file a cause of action for appropriate relief in the family part of the Chancery Division of the Superior Court in the county in which the discharge or alleged discrimination occurred or in the county of the person's primary residence.
If the court finds that the person was discharged or discriminated against as a result of the person's reporting an allegation of child abuse or neglect, the court may grant reinstatement of employment with back pay or other legal or equitable relief.
L. 1971, c.437; amended by L. 1987,c.341,s.5.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.14 - Violations, degree of crime.

9:6-8.14 Violations, degree of crime.
7. a. Except as provided in subsection b. of this section any person knowingly violating 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.
b. Any person who knowingly fails to report an act of sexual abuse against a child and who has reasonable cause to believe that an act of sexual abuse has been committed is guilty of a crime of the fourth degree.
L.1971, c.437, s.7; amended 2019, c.40, s.2.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.15 - Rules and regulations.

9:6-8.15 Rules and regulations.
8. The Division of Child Protection and Permanency shall from time to time promulgate such rules and regulations as may be necessary to effectuate the provisions of P.L.1971, c.437 (C.9:6-8.8 et seq.).
L.1971, c.437, s.8; amended 2012, c.16, s.26.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.16 - Child taken to physician or hospital for treatment of serious physical injury; protective custody

9:6-8.16. Child taken to physician or hospital for treatment of serious physical injury; protective custody
Any physician examining or treating any child, or the director or his designate of any hospital or similar institution to which any child has been brought for care or treatment, is empowered to take the said child into protective custody when the child has suffered serious physical injury or injuries, and the most probable inference from the medical and factual information supplied, is that the said injury or injuries were inflicted upon the child by another person by other than accidental means, and the person suspected of inflicting, or permitting to be inflicted, the said injury upon the child, is a person into whose custody the child would normally be returned.
L.1973, c. 147, s. 1, eff. May 24, 1973.