ASSEMBLY APPROPRIATIONS COMMITTEE

STATEMENT TO

SENATE, No. 3751

STATE OF NEW JERSEY

DATED:  JANUARY 8, 2026

      The Assembly Appropriations Committee reports favorably Senate Bill No. 3751.

      As reported, this bill revises the definition of child abuse or neglect to include persons between 18 and 21 years of age in certain settings.

      Specifically, the bill amends the definition of “child” in section 1 of P.L.1974, c.119 (C.9:6-8.21) to mean any person: (1) less than 18 years of age alleged to have been abused or neglected; or (2) less than 21 years of age alleged to have been abused or neglected, or subject to exploitation by a teacher, employee, contractor, or volunteer, whether compensated or uncompensated, of an institution that is regulated by the Department of Children and Families (department) and responsible for the care or supervision of that person, including employees of day schools.  The bill also amends the definition of “abused or neglected child” in section 1 of P.L.1974, c.119 (C.9:6-8.21) to have the term also apply to a person between 18 and 21 years of age.

      Although the department regulates and funds services for individuals with disabilities under the age of 21, the Office of Program Integrity and Accountability (OPIA) in the Department of Human Services currently conducts investigations involving a person between the ages of 18 and 21 in facilities regulated by the department and forwards all of its investigatory materials and findings to the department.

      By revising certain statutory references pertaining to the department, this bill also transfers full investigatory responsibility to the department for the populations served and settings regulated by the department.  The bill also revises statutory references to child abuse to reflect the full range of ages under the department’s jurisdiction for persons up to 21 years of age in regulated facilities.

      The bill also updates section 3 of P.L.2010, c.5 (C.30:6D-75) to eliminate conflicting and superfluous references to the department, since the statute applies to individuals receiving services from the Department of Human Services.

      As reported by the committee, Senate Bill No. 3751 is identical to Assembly Bill No. 5636, which was also reported by the committee on this date.

FISCAL IMPACT:

      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.

      Different units and employees perform the same duties differently.  Accordingly, the transfer of investigatory responsibilities may, as a potential indirect effect, result in different legal outcomes in civil cases implicating the State’s liability for the care of the concerned population, thereby potentially affecting State expenditures.