Sponsored by:
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
Assemblyman STERLEY S. STANLEY
District 18 (Middlesex)
SYNOPSIS
Clarifies rights of parents with disabilities in child protective proceedings.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the rights of parents with disabilities and supplementing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
“Abused or neglected child” has the same meaning as set forth in subsection c. of section 1 of P.L.1974, c. 119 (C.9:6-8.21),
“Disability” has the same meaning as set forth in subsection q. of section 5 of P.L.1945, c.169 (C.10:5-5).
“Supportive parenting services” means services to help parents or guardians with a disability compensate for those aspects of the disability that affect the parent’s or guardian’s ability to care for the child and that will enable the parent or guardian to discharge their parental responsibilities. The term “supportive parenting services” includes, but is not limited to, specialized or adapted training, evaluations, and assistance with effective use of adaptive equipment, as well as accommodations that allow a parent or guardian with a disability to benefit from other services, such as Braille text or sign language interpreters.
b. A parent’s or guardian’s disability shall not be considered a negative factor in a determination concerning the child in any of the proceedings set forth below, absent a specific showing by clear and convincing evidence by the Division of Child Protection and Permanency that there is a nexus between the parent’s or guardian’s disability and alleged harm to the child, and that such alleged harm cannot be prevented or alleviated by accommodations for the disability, including adaptive parenting equipment or supportive parenting services.
c. The proceedings referenced in subsection b. of this section include, but are not limited to, determinations of:
(1) whether a child is an abused or neglected child as defined in subsection c. of section 1 of P.L.1974, c. 119 (C.9:6-8.21);
(2) whether a child shall be removed from the place where the child is residing, pursuant to section 7, 8, or 9 of P.L.1974, c.119 (C.9:6-8.27, C.9:6-8.28, or C.9:6-8.29);
(3) whether the child’s interests require protection pending a final order of disposition, pursuant to section 11 of P.L.1974, c.119 (C.9:6-8.31);
(4) whether the child shall be returned to the parent or guardian following removal, pursuant to section 12 of P.L.1974, c.119 (C.9:6-8.32); and
(5) the disposition of the child pursuant to any fact-finding hearing or dispositional hearing set forth in Title 9 of the Revised Statutes.
2. a. A parent’s or guardian’s disability shall not be considered a negative factor in any proceeding to terminate parental rights, absent a specific showing by clear and convincing evidence by the Division of Child Protection and Permanency that there is a nexus between the parent’s or guardian’s disability and alleged harm to the child, and that such alleged harm cannot be prevented or alleviated by accommodations for the disability, including adaptive parenting equipment or supportive parenting services.
b. As used in this section:
“Disability” has the meaning set forth in subsection q. of section 5 of P.L.1945, c.169 (C.10:5-5).
“Supportive parenting services” means services to help parents or guardians with a disability compensate for those aspects of the disability that affect their ability to care for the child and that will enable them to discharge their parental responsibilities. The term includes, but is not limited to, specialized or adapted training, evaluations, and assistance with effective use of adaptive equipment, as well as accommodations that allow a parent or guardian with a disability to benefit from other services, such as Braille text or sign language interpreters.
3. a. A parent’s or guardian’s disability shall not be considered a negative factor by the court in any determination whether to appoint a guardian for a minor child, absent a specific showing by clear and convincing evidence that there is a nexus between the parent’s or guardian’s disability and alleged harm to the child, and that such alleged harm cannot be prevented or alleviated by accommodations for the disability, including adaptive parenting equipment or supportive parenting services.
b. As used in this section:
“Disability” has the meaning set forth in subsection q. of section 5 of P.L.1945, c.169 (C.10:5-5).
“Supportive parenting services” means services to help parents or guardians with a disability compensate for those aspects of the disability that affect their ability to care for the child and that will enable them to discharge their parental responsibilities. The term includes, but is not limited to, specialized or adapted training, evaluations, and assistance with effective use of adaptive equipment, as well as accommodations that allow a parent or guardian with a disability to benefit from other services, such as Braille text or sign language interpreters.
4. This act shall take effect on the 90th day following enactment.
STATEMENT
This bill would clarify certain rights of parents with disabilities in child protective proceedings. The bill provides that a parent’s or guardian’s disability could not be considered a negative factor in a determination concerning the child in certain child protection proceedings, absent a specific showing by clear and convincing evidence that there is a nexus between the parent’s or guardian’s disability and alleged harm to the child, and that such alleged harm cannot be prevented or alleviated by accommodations for the disability, including adaptive parenting equipment or supportive parenting services. The proceedings include determinations of child abuse and neglect, removal of the child from the child’s home, termination of parental rights, and hearings concerning the disposition of the child as set forth in Title 9 of the Revised Statutes.
The provisions of the bill would also apply to a determination by the court as to whether to appoint a guardian for a minor child.
The bill defines “disability” as having the same meaning as is set forth in the definition of the term in the Law Against Discrimination, in subsection q. of section 5 of P.L.1945, c.169 (C.10:5-5).
The bill defines “supportive parenting services” as services to help parents or guardians with a disability compensate for those aspects of the disability that affect their ability to care for the child and that will enable them to discharge their parental responsibilities. The term includes, but is not limited to, specialized or adapted training, evaluations, and assistance with effective use of adaptive equipment, as well as accommodations that allow a parent or guardian with a disability to benefit from other services, such as Braille text or sign language interpreters.