NEW JERSEY

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WHO:        ANY person MUST report if s/he has reasonable cause to believe that a child has been subjected to child abuse, including sexual abuse, or acts of child abuse.  [Rev. Stat. § 9:6-8.10(3)]  Also, the statutes do not specify professional groups as mandatory reporters. 

·       STANDARD for ALL reporters: reasonable cause to believe a child has been subjected to child abuse, including sexual abuse, or acts of child abuse.  [Rev. Stat. § 9:6-8.10(3)]  Child means under age 18.  [Rev. Stat. § 9:6-8.21(1)(c)] 

·       PRIVILEGE:  The statues reviewed do not address privilege. Yet, where a parent’s attorney has facts demonstrating the parent’s propensity to engage in child abuse and hence continuing to be unfit to raise the child, attorney-client privilege does not apply and that information must be reported.  [97 N.J.L.J. 753 (10/03/1974), Op. 280 (Supp.), Advisory Committee on Professional Ethics (appointed by N.J. Supreme Ct.)]

WHEN:      IMMEDIATE report by phone or otherwise.   [Rev. Sat. § 9:6-8.10(3)] 

WHERE & HOW:  Report by phone or otherwise to Department of Children & Families (DCF); the subgroup is Child Protection & Permanency (CP&P).  [Rev. Sat. § 9:6-8.10(3); 9:6-8.12(5)] 

·       For a child in immediate danger:                        Dial 911; report afterward.

·       DCF hotline staffed 24/7 for the State Central Registry (SCR). All reports of child abuse & neglect must be made here, including for incidents in institutional settings such as child care centers, schools, foster homes and residential treatment centers.

o   1-877 NJ ABUSE (which is 1-877-652-2873).

o   TTY 1-800-835-5510/.

o   For more info, see website and links: https://222.nj.gov/dcf/reporting/hotline/.

OTHER ASPECTS

·       REPORT DETAILS: Reports MUST contain: (a) where possible, the names and addresses of the child and his/her parent, guardian, or other person having custody and control; (b) if known, the child’s age; (c) the nature and possible extent of the child's injuries, abuse or maltreatment, including any evidence of previous injuries, abuse or maltreatment; and (d) any other information the reporter believes may help with respect to the abuse and the perpetrator’s identity.  [Rev. Stat. § 9:6-8.10(3)]  DCF would also like to know: (WHO) (e) the parent/caregiver’s age; (f) the alleged perpetrator’s relationship to the child; (WHAT) (g) type and frequency of alleged abuse/neglect, current or previous injuries to the child; (h) what caused the reporter to become concerned; (WHEN) (i) when the alleged abuse or neglect occurred; (j) when the reporter found out; (WHERE) (k) where the incident occurred; (l) where the child is now; (m) whether the alleged perpetrator has access to him/her; and (HOW) (n) urgency for intervention; and (o) likelihood of imminent danger to the child    [https://www.nj.gov/dcf/reporting/how/]

·       REPORTER PROTECTION: (1) The statutes do not specifically require inclusion of the reporter’s name in the report. (2) The reporter’s name and identifying information are not released to the public, and no information is released that could endanger any person.  [Rev. Stat. § 9:6-8.10a(1)(a),(f)]  (3) Any reporter is immune from civil and criminal liability.  [Rev. Stat. § 9:6-8.13]

WHY:        (1) ANYONE knowingly failing to report reasonable cause to believe that a child was abused is guilty of being a disorderly person.  [Rev. Stat. § 9:6-8.14(7)(a)]  (2) ANYONE knowingly failing to report reasonable cause to believe that a child was sexually abused is guilty of a crime of the fourth degree.  [Rev. Stat. § 9:6-8.14(7)(b)]  (3) A person whose employer discharges or discriminates against him/her due to making or causing a report in good faith may be reinstated by a court with back pay or other relief.  [Rev. Stat. § 9:6-8.13]

WHAT:      In New Jersey, child abuse and neglect include: serious physical injury; creating or allowing a risk of serious physical injury; sexual abuse; failure to exercise a minimum degree of care in provision or supervision; abandonment; excessive physical restraint; and institutionalization that is either inappropriately continued or involves willful isolation that amounts to deprivation.  [Rev. Stat. § 9:6-8.21(1)(c)]   

Initial Screening Criteria: (a) The report contains at least one allegation that, if true, would constitute a child being abused or neglected as the law defines it. (b) URGENT cases are any of: (i) law enforcement requests an immediate response; (ii) an immediate response may prevent loss of evidence; (iii) a child died due to abuse or neglect and a sibling is under a parent’s or guardian’s care; (iv) a child is born drug-exposed; (v) a child under age 6 is alone at the time of the report; (vi) a child requires medical attention at the time of the report; or (vii) a child is being seriously physically abused at the time of the report.  [Rev. Stat. § 9:6-8.11(3); Admin. Code tit. 3A, § 10-2.1(a); tit. 10, § 129-2.3(b)]

Reportable: ONLY a parent or guardian [a guardian is any caregiver] for abuse or neglect: serious physical injury; creating or allowing a risk of serious physical injury; sexual abuse; failure to exercise a minimum degree of care in provision or supervision; abandonment; excessive physical restraint; inappropriate continued institutionalization; or willful isolation that amounts to deprivation.  [Rev. Stat. § 9:6-8.21(1)(c)] 

·        Acts by others may result in physical abuse, physical risk creation, sexual abuse, excessive restraints, or inappropriate institutionalization or isolation: these may be crimes under other state laws. These should be reported to law enforcement, not New Jersey’s child abuse reporting system. 

·        Parent or guardian means a natural or adoptive parent, resource family [foster] parent, stepparent, parent’s paramour, or anyone who assumed responsibility for the child’s care, custody, or control, or has a duty for it. EXAMPLES are:  (a) a teacher, employee, or volunteer at an institution, who is responsible for the child; (b) any other staff at an institution, even if not responsible for the child’s care or supervision; and (c) a teacher or other person (paid or not) at a day school. [Rev. Stat. § 9:6-8.21(1)(a)]

·        Institution means a public or private facility in New Jersey providing out-of-home care, supervision, or maintenance to children. Examples: corrections, detention, treatment, day care, residential schools, shelters, and hospitals.  [Rev. Stat. § 9:6-8.21(1)(g)]

·        Day school means a public or private school (for any grade range, in K-12) for general or special education day students. Day school does not include a public or private residential facility that provides care on a 24-hour basis.  [Rev. Stat. § 9:6-8.21(1)(h)]

Physical Injury means that a parent, guardian, or other person having care, custody, or control does either of the following to their child:  [Rev. Stat. § 9:6-8.21(1)(c)(1)-(2); https://www.nj.gov/dcf/documents/news/publications/Indicators.jpg]

(A)     Inflicts or allows non-accidental physical injury, causing a substantial risk of: (a) death; (b) serious or protracted disfigurement; (c) protracted physical or emotional impairment; or (d) a body organ’s protracted loss or impairment of function. Signs are: unexplained wounds: bruises, welts, burns, fractures, lacerations, or abrasions.

(B)     Creates or allows a substantial or ongoing risk of non-accidental physical injury that would likely cause: (a) death; (b) serious or protracted disfigurement; or (c) any body organ’s protracted loss or impairment of function. [The statute does not include protracted physical or emotional impairment in the risk element.]

Sexual Abuse means that the parent, guardian, or other person having care, custody, or control commits or allows sexual abuse against a child.  [Rev. Stat. § 9:6-8.21(1)(c)(3)]

(A)     Definition: sexual abuse includes any of the following.  [Rev. Stat. § 9:6-8.84]  Child-on-child abuse implies a child with caregiver power.  [CP&P Policy Manual II-B-1-550]

(1)     Employment, use, persuasion, inducement, enticement or coercion of any child to engage or assist in any sexually EXPLICIT conduct or simulation of it;

(2)     Sexual conduct including molestation, prostitution, other forms of sexual EXPLOITATION of children or incest; or

(a)      Incest is sexual penetration or sexual contact with a child age 13, 14, or 15, if related by blood or affinity to the 3^rd degree; it is legal between consenting adults.  [Rev. Stat. § 2C:14-2a; 2C:14-3]  [(a) parent or stepparent; (b) grandparent or his/her spouse; (c) great grandparent; (d) child, stepchild, or his/her spouse; (e) grandchild, his/her spouse, or step grandchild; (f) great grandchild; (g) sibling or step sibling; (h) uncle, aunt, nephew, or niece.]

(3)     Sexual penetration, sexual contact, or any of the following prohibited sexual ACTS: (a) intercourse; (b) anal intercourse; (c) masturbation; (d) bestiality; (e) sadism; (f) masochism; (g) fellatio; (h) cunnilingus; or (i) nudity depicted for the purpose of anyone’s sexual stimulation or gratification.  [Rev. Stat. 2C:24-4]

(a)      Sexual penetration means even slight insertion of a penis, body part or object into another person’s vagina, anus, or mouth.  [Rev. Stat. 2C:14-1(c)]

(b)      Sexual contact means intentionally touching, directly or through clothing, of either person’s sex organs, genital area, anal area, inner thigh, groin, buttock, or breast for the purpose of degrading or humiliating the victim or arousing or gratifying the actor. Here sexual contact of the actor with himself means that the actor knows the victim can see it.  [Rev. Stat. 2C:14-1(d)]

(B)     Common indicators are: (a) difficulty walking or sitting; (b) torn, stained, or bloody underclothing; (c) complaints in genital/anal areas; (d) sexually transmitted diseases; (e) unusual knowledge or preoccupation with sex; or (f) reluctance to change for gym or participate.  [https://www.nj.gov/dcf/documents/news/publications/Indicators.jpg]

(C)    Context: the age of consent is 16. A child who is age 13, 14, or 15 may consent to someone who is less than 4 years older. Underage sex is prohibited for anyone who: (a) is related by blood or affinity to the 3^rd degree; (b) has supervisory or disciplinary power of any nature or in any capacity; or (c) is a resource family parent or guardian, or stands in place of the parent in the household.  [Rev. Stat. §§ 2C:14-2(c)(3),(4)]

Failure to Exercise a Minimum Degree of Care means that the parent, guardian, or other person having care, custody, or control does one of the following to an extent that impairs the child’s physical, mental, or emotional condition or is in imminent danger of doing so.  [Rev. Stat. § 9:6-8.21(1)(c)(4)]  These include both neglect and overreaction.

(A)     Failure to adequately supply: food, clothing, shelter, education, medical, or surgical care, though financially able to do so, or though having been offered financial or other reasonable means to do so.

(1)     SIGNS include any of: (a) hunger; (b) poor hygiene; (c) inappropriate dress (e.g., for weather); (d) consistent lack of supervision; (e) constant fatigue; (f) untreated physical or medical needs; (g) abandonment; (h) begging or stealing food; (i) early arrival and late departure at school; (j) alcohol or drug abuse; (k) delinquency; or (l) saying there is no caregiver.            [https://www.nj.gov/dcf/documents/news/publications/Indicators.jpg]

(2)     BUT: It is NOT abuse or neglect to treat a child’s medical condition solely by an accredited practitioner’s prayer from a recognized church or denomination.

(B)     Failure to provide proper supervision or guardianship by unreasonably inflicting or allowing harm or substantial risk of it, such as by excessive corporal punishment or other similarly serious acts that require the aid of the court.

(1)     SIGNS of excessive punishment (e.g., emotional abuse) include: (a) habit disorders (e.g., sucking, biting, or rocking); (b) conduct disorders (e.g., antisocial or destructive); (c) neurotic traits (e.g., disorders of sleep or speech; inhibited play); (d) psychoneurotic reactions (e.g., hysteria, obsession, compulsion, phobias, or hypochondria); (e) behavioral extremes (e.g., overly compliant or aggressive); (f) overly adaptive (e.g., inappropriately adult or infantile); or (g) suicidal.  [https://www.nj.gov/dcf/documents/news/publications/Indicators.jpg]

Abandonment means that someone with custody or control of a child does any of: (a) willfully forsakes the child; or (b) fails to care for and keep control and custody, thus the child must be exposed to physical or moral RISK without proper and sufficient protection; or (c) Fails to care for and keep control and custody, so the child must be supported and maintained at PUBLIC expense or at the expense of child caring societies or private persons who have no legal duty for care, custody, or control of the child.  [Rev. Stat. §§ 9:6-8.21(1)(c)(5); 9:6-1]

Excessive Physical Restraint means that the parent, guardian, or other person having care, custody, or control uses the restraints under circumstances which do not indicate that the child is harmful to himself, others, or property. [Rev. Stat. § 9:6-8.21(1)(c)(6)]  This term does not appear to be further defined in the statutes or by DFS.

Inappropriate Institutionalization means that the parent, guardian, or other person having care, custody, or control of an institutionalized child does either of the following, but this does not apply if the institution is a day school. Inappropriate institutionalization is also a form of neglect.  [Rev. Stat. §§ 9:6-8.21(1)(c),(1)(c),(7); 9:6-8.1]

(A)     Inappropriately placed him/her there for a continued period, knowing that it harmed his/her mental or physical well-being or may continue to do so; or

(B)     Willfully isolated the child from ordinary social contact there under circumstances that indicate emotional or social deprivation.