ASSEMBLY CHILDREN, FAMILIES AND FOOD SECURITY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 2998

with committee amendments

STATE OF NEW JERSEY

DATED:  SEPTEMBER 23, 2024

      The Assembly Children, Families and Food Security Committee reports favorably and with committee amendments Assembly Bill No. 2998.

      As amended by the committee, this bill provides that the victim of an act of domestic violence and the abuser will be advised of any programs or services available for counseling for any minor children of either party to a domestic violence complaint.

      Current law provides that pursuant to section 1 of P.L.1991, c.261 (C.2C:25-28), once a domestic violence complaint is filed, the victim and the abuser should be advised of any programs or services available for advice and counseling.  The statute does not require that the victim and the abuser be advised of specific services available for counseling for any minor children of either party to the complaint.

      The bill also provides that the court consider a request by a custodial parent who has been subjected to domestic violence by a person with parenting time rights to a child in the parent’s custody for an investigation or evaluation to assess the risk of harm to the child prior to entering a parenting time order.  Currently, the provisions of section 2 of P.L.1991, c.261 (C.2C:25-29) specify that the investigation or evaluation would be conducted by an appropriate agency.

      Once a final hearing is held pursuant to section 2 of P.L.1991, c.261 (C.2C:25-29), the court may issue an order granting any relief including, but not limited to, restraining the defendant in a domestic violence matter from subjecting the victim to domestic violence, requiring the defendant to pay to the victim monetary compensation for losses suffered as a result of the domestic violence, and restraining the defendant from making contact with the plaintiff and others.  The bill expands the list of relief that the court may order to include requiring counseling for any minor children of either party to a complaint for a restraining order.

      As amended, the bill makes an appropriation from the General Fund to the Victims of Crime Compensation Office in an amount necessary to cover the cost of three counseling sessions for the counseling required pursuant to a court order under the bill.

      This bill was pre-filed for introduction in the 2024-2025 session pending technical review.  As reported, the bill includes the changes required by technical review, which has been performed.

COMMITTEE AMENDMENTS:

      The committee amended the bill to provide that the victim of an act of domestic violence and the abuser will be advised of any programs or services available for counseling for any minor children of either party to a domestic violence complaint.  As introduced, the bill required that the victim and abuser were to be advised of programs or services for counseling for any minor children who may have seen or heard the alleged act of domestic violence.

      The committee amendments expand the list of relief that the court may order to include requiring counseling for any minor children of either party to a complaint for a restraining order.  As introduced, the bill allowed the relief the court may order to include counseling for any minor children who were either physically present at the time of the act of domestic violence or who may have seen or heard the act of domestic violence.

      The committee amended the bill to include an appropriation from the General Fund to the Victims of Crime Compensation Office in an amount necessary to cover the cost of three counseling sessions for the counseling required pursuant to a court order under the bill.

      The committee amended the title and synopsis of the bill to reflect the changes made by the committee amendments.

      The committee amendments make technical changes to the bill to incorporate a statutory update.