LEGISLATIVE FISCAL ESTIMATE
SENATE, No. 3751
STATE OF NEW JERSEY
221st LEGISLATURE
DATED: DECEMBER 29, 2025
SUMMARY
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Synopsis: |
Revises definition of child abuse or neglect to include persons between 18 and 21 years of age in certain settings. |
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Type of Impact: |
Potential impact on annual State expenditures. |
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Agencies Affected: |
Department of Children and Families; Department of Human Services; Department of Law and Public Safety. |
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Office of Legislative Services Estimate |
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Potential Impact on Annual State Expenditures |
Indeterminate |
· The Office of Legislative Services (OLS) notes that annual State expenditures may potentially change as the Department of Children and Families assumes from the Department of Human Services the responsibility for investigating; substantiating; and, if appropriate, referring to law enforcement for prosecution cases of alleged abuse or neglect of individuals with disabilities between the ages of 18 and 21 who receive State-provided services in certain settings.
· The bill transfers the investigatory responsibility between the two departments, but not the employees currently performing this function. Consequently, annual State expenditures may increase if the bill were to cause the Department of Children and Families to hire additional staff without a corresponding reduction in the Department of Human Services headcount.
BILL DESCRIPTION
The bill transfers from the Department of Human Services to the Department of Children and Families the responsibility for the investigation of allegations of abuse or neglect of individuals with disabilities between the ages of 18 and 21 who receive State-provided services. As the Department of Human Services is already no longer funding services for this population, this bill transfers to the Department of Children and Families the last vestige of the era in which this population was served by the Department of Human Services. In addition, the bill revises the definitions of “child” and “abused or neglected child” to comport with the intent of the bill and the current responsibility of the Department of Children and Families for the delivery of services to the concerned population.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS determines that annual State expenditures may potentially change as the Department of Children and Families assumes from the Department of Human Services the responsibility for investigating; substantiating; and, if appropriate, referring to law enforcement for prosecution cases of alleged abuse or neglect of individuals with disabilities between the ages of 18 and 21 who receive State-provided services in certain settings.
First, the bill transfers the investigatory responsibility between the two departments, but not the employees currently performing this function. Consequently, annual State expenditures may increase if the bill were to cause the Department of Children and Families to hire additional staff without a corresponding reduction in the Department of Human Services headcount.
In addition, according to representatives for the departments, both the Department of Human Services’ Office of Program Integrity and Accountability and the Department of Children and Families’ Institutional Abuse Investigation Unit have substantively the same standards for determining which caregiver actions constitute abuse and neglect, and the burden of proof for substantiating allegations of abuse or neglect is the same for both departments.
The OLS notes that despite substantially similar standards, a different office with different employees, operating procedures, and cultures may reach different conclusions and produce different work products. Accordingly, the transfer of investigatory responsibilities may, as a potential indirect effect, yield different legal outcomes in civil cases implicating the State’s liability for the care of the concerned population, thereby potentially affecting State expenditures.
The Department of Children and Families’ Institutional Abuse Investigation Unit is currently responsible for investigating allegations of abuse or neglect of children under the age of 18 years in an institutional setting, such as foster homes, group homes, residential centers, and schools. Within the Department of Human Services’ Office of Program Integrity and Accountability is an Office of Investigations, which is responsible for civil investigations of allegations of abuse and neglect of individuals receiving services in department licensed or regulated residential and community settings.
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Section: |
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Analyst: |
Senior Fiscal Analyst |
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Approved: |
Thomas Koenig Legislative Budget and Finance Officer |
This legislative fiscal estimate has been produced by the Office of Legislative Services due to the failure of the Executive Branch to respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).