9:6-8.84 Definitions relative to child abuse, neglect.
2. As used in this act:
"Board" means the Child Fatality and Near Fatality Review Board established under P.L.1997, c.175 (C.9:6-8.83 et al.).
"Child" means any person under the age of 18.
"Commissioner" means the Commissioner of Children and Families.
"Division" means the Division of Child Protection and Permanency in the Department of Children and Families.
"Near fatality" means a case in which a child is in serious or critical condition, as certified by a physician.
"Panel" means a citizen review panel as established under P.L.1997, c.175 (C.9:6-8.83 et al.).
"Parent or guardian" means a person defined pursuant to section 1 of P.L.1974, c.119 (C.9:6-8.21) who has the responsibility for the care, custody, or control of a child or upon whom there is a legal duty for such care.
"Reasonable efforts" means attempts by an agency authorized by the Division of Child Protection and Permanency to assist the parents in remedying the circumstances and conditions that led to the placement of the child and in reinforcing the family structure, as defined in section 7 of P.L.1991, c.275 (C.30:4C-15.1).
"Sexual abuse" means contacts or actions between a child and a parent or caretaker for the purpose of sexual stimulation of either that person or another person. Sexual abuse includes:
a. the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or simulation of such conduct;
b. sexual conduct including molestation, prostitution, other forms of sexual exploitation of children, or incest; or
c. sexual penetration and sexual contact as defined in N.J.S.2C:14-1 and a prohibited sexual act as defined in N.J.S.2C:24-4.
"Significant bodily injury" means a temporary loss of the functioning of any bodily member or organ or temporary loss of any one of the five senses.
"Withholding of medically indicated treatment" means the failure to respond to a child's life-threatening conditions by providing treatment, including appropriate nutrition, hydration, and medication which, in the treating physician's reasonable judgment, will most likely be effective in ameliorating or correcting all such conditions. The term does not include the failure to provide treatment, other than appropriate nutrition, hydration, or medication to a child when, in the treating physician's reasonable medical judgment:
a. the child is chronically and irreversibly comatose;
b. the provision of such treatment would merely prolong dying, not be effective in ameliorating or correcting all of the child's life-threatening conditions, or otherwise be futile in terms of the survival of the child; or
c. the provision of such treatment would be virtually futile in terms of the survival of the child and the treatment itself under such circumstances would be inhumane.
L.1997, c.175, s.2; amended 1999, c.53, s.16; 2006, c.47, s.58; 2012, c.16, s.38.
Structure New Jersey Revised Statutes
Title 9 - Children--Juvenile and Domestic Relations Courts
Section 9:2-3 - Custody of children of parents living separately; powers of court
Section 9:2-4 - Custody of child; rights of both parents considered.
Section 9:2-4a - Best interest of child primary consideration.
Section 9:2-4.2 - Parental access to children's records.
Section 9:2-7 - Habeas corpus to determine custody of child; access to child
Section 9:2-7.1 - Visitation rights for grandparents, siblings
Section 9:2-7.2 - Concealment of child; preliminary hearing as to custody
Section 9:2-9 - Unfit parents and custodians, court action to grant relief
Section 9:2-10 - Order for proper care of child
Section 9:2-14 - Surrender of child custody; validity
Section 9:2-15 - Surrender or termination of rights of one parent; rights of other parent
Section 9:2-16 - Voluntary surrender to approved agency
Section 9:2-17 - Form of surrender
Section 9:2-18 - Procedure to terminate parental rights
Section 9:2-19 - Grounds for terminating custody.
Section 9:2-20 - Judgment terminating rights; effect of judgment
Section 9:2-21 - Effective date
Section 9:3-37 - Liberal construction; rights of affected persons.
Section 9:3-39.1 - Offering, assisting in the placement of child for adoption, conditions.
Section 9:3-39.2 - Provision of certain information.
Section 9:3-39.3 - Request for certain information.
Section 9:3-40 - Qualification of agencies for approval.
Section 9:3-40.2 - Definitions relative to adoption agencies.
Section 9:3-40.3 - Criminal history record background check for staff members of adoption agency.
Section 9:3-40.4 - Request for criminal history record background check by agency.
Section 9:3-40.5 - Disqualification of staff member for employment.
Section 9:3-40.6 - Convincing evidence of rehabilitation.
Section 9:3-40.7 - Immunity from liability relative to disclosure of information by agency.
Section 9:3-40.8 - Child abuse record information check by agency.
Section 9:3-40.10 - Adoption agencies located out-of-State.
Section 9:3-40.11 - Regulations unaffected.
Section 9:3-41 - Surrender of child
Section 9:3-41.1 - Provision of available information on child's development to prospective parent.
Section 9:3-42 - Jurisdiction in Chancery, venue
Section 9:3-43 - Instituting adoption actions; qualifications
Section 9:3-43.1 - Conditions for recognizing foreign adoptions, certain circumstances.
Section 9:3-44 - Filing of complaint.
Section 9:3-45 - Notice of complaint to parents.
Section 9:3-45.1 - Rules, regulations.
Section 9:3-45.2 - Resource family relative, parent, notice, right to be heard.
Section 9:3-46 - Objection to adoption.
Section 9:3-47 - Action on complaint for adoption of child received from approved agency.
Section 9:3-48 - Action on complaint for adoption of child not received from approved agency.
Section 9:3-49 - Age 10 or older, hearing appearance, child's wishes
Section 9:3-50 - Entry of judgment of adoption, effect; inheritance rights
Section 9:3-51 - Judgments of adoption; records.
Section 9:3-52 - Court records of proceedings.
Section 9:3-53 - Costs of proceedings
Section 9:3-54.1 - Rules, regulations.
Section 9:3-54.2 - Home study, fingerprint and criminal data.
Section 9:3-55 - Report of prospective parents.
Section 9:3A-3 - Department of Children and Families established.
Section 9:3A-4 - Definitions relative to Department of Children and Families.
Section 9:3A-5 - Commissioner of Children and Families.
Section 9:3A-6 - Designation of final decision maker for contested cases.
Section 9-3A-7 - Responsibilities, duties of commissioner.
Section 9:3A-7.1 - Regulations for implementing provisions of act establishing the department.
Section 9:3A-7.4 - Standardized admission protocols for transfer of child to psychiatric facility.
Section 9:3A-7.5 - DCF rules, regulations.
Section 9:3A-8 - Necessary investigations; powers.
Section 9:3A-10 - "Office of Children's Services" refers to Department of Children and Families.
Section 9:3A-11 - Transfer of certain DHS staff to department.
Section 9:3A-12 - Act subject to C.52:14D-1 et seq.
Section 9:3A-13 - Inapplicability of act.
Section 9:3A-14 - Criminal history record information check for certain employees.
Section 9:3A-15 - "Mom2Mom Peer Support Program" helpline.
Section 9:3A-16 - List of credentialed resources, behavioral health care providers.
Section 9:3A-17 - Annual consultation.
Section 9:6-1 - Abuse, abandonment, cruelty and neglect of child; what constitutes
Section 9:6-1.1 - Treatment of ill children according to religious tenets of church
Section 9:6-2 - "Parent" and "custodian" defined.
Section 9:6-3 - Cruelty and neglect of children; crime of fourth degree; remedies
Section 9:6-3.1 - Suspension; due process rights; remedial plan.
Section 9:6-4 - Jurisdiction of complaints
Section 9:6-5 - Complaints, who may prefer
Section 9:6-6 - Disposition of fines, penalties and forfeitures
Section 9:6-7 - Agents of societies commissioned as police officers and constables
Section 9:6-8 - Warrants to enter place of supposed violation, arrest
Section 9:6-8.8 - Health, safety, best interest of child paramount concern.
Section 9:6-8.9 - "Abused child" defined
Section 9:6-8.10 - Report of abuse.
Section 9:6-8.10a - Records of child abuse reports; confidentiality; disclosure.
Section 9:6-8.10b - Permitting or encouraging release of record or report; penalty
Section 9:6-8.10c - Child abuse record information check on designated caretaker.
Section 9:6-8.10d - Rules, regulations.
Section 9:6-8.10e - Check of child abuse registry for guardians.
Section 9:6-8.10f - Check of abuse registry relative to individuals seeking employment.
Section 9:6-8.11 - Actions to ensure safety of child; investigation; report.
Section 9:6-8.12 - Emergency telephone services for child abuse and neglect calls.
Section 9:6-8.14 - Violations, degree of crime.
Section 9:6-8.15 - Rules and regulations.
Section 9:6-8.17 - Report of action of taking protective custody of child.
Section 9:6-8.18 - Division of Child Protection and Permanency, actions upon receipt of report.
Section 9:6-8.19 - Notice to parents or guardian; visitation rights; limitation on period.
Section 9:6-8.19a - Resource family parent, notice, opportunity to be heard.
Section 9:6-8.21 - Definitions.
Section 9:6-8.22 - Jurisdiction of Superior Court, Chancery Division, Family Part.
Section 9:6-8.23 - Law guardian; appointment
Section 9:6-8.24 - Jurisdiction.
Section 9:6-8.25 - Transfer to and from the Superior Court
Section 9:6-8.27 - Temporary removal with consent.
Section 9:6-8.28 - Preliminary order of court before preliminary hearing held.
Section 9:6-8.29 - Removal of child without court order.
Section 9:6-8.30 - Action by the division upon emergency removal.
Section 9:6-8.31 - Preliminary orders after filing of complaint.
Section 9:6-8.32 - Hearing to determine if child to be returned.
Section 9:6-8.33 - Originating proceeding to determine abuse or neglect
Section 9:6-8.34 - Persons who may originate proceedings
Section 9:6-8.35 - Preliminary procedure.
Section 9:6-8.36 - Admissibility of statements made during a preliminary conference
Section 9:6-8.36a - Report to prosecutor of all instances of suspected child abuse, neglect.
Section 9:6-8.37 - Issuance of summons
Section 9:6-8.38 - Service of summons
Section 9:6-8.39 - Issuance of warrant and reports
Section 9:6-8.40 - Records involving abuse or neglect.
Section 9:6-8.40a - Expungement of unfounded allegations.
Section 9:6-8.41 - Required findings concerning notice
Section 9:6-8.42 - Effect of absence of parent or guardian
Section 9:6-8.43 - Notice of rights.
Section 9:6-8.44 - Definition of "fact-finding hearing"
Section 9:6-8.45 - Definition of "dispositional hearing"
Section 9:6-8.47 - Sequence of hearings
Section 9:6-8.48 - Adjournments
Section 9:6-8.49 - Priority to certain proceedings.
Section 9:6-8.50 - Sustaining or dismissing complaint
Section 9:6-8.51 - Disposition of adjudication
Section 9:6-8.52 - Suspended judgment
Section 9:6-8.53 - Release to custody of parent or guardian
Section 9:6-8.54 - Placement of child
Section 9:6-8.55 - Order of protection
Section 9:6-8.56 - Probation supervision
Section 9:6-8.57 - Abandoned child
Section 9:6-8.58 - Provision for therapeutic services
Section 9:6-8.58a - Substance abuse assessment of parent of placed child.
Section 9:6-8.58b - Regulations.
Section 9:6-8.59 - Staying, modifying, setting aside or vacating orders
Section 9:6-8.60 - Petition to terminate placement
Section 9:6-8.61 - Service of petition; answer
Section 9:6-8.62 - Examination of petition and answer; hearing
Section 9:6-8.63 - Orders on hearing
Section 9:6-8.64 - Successive petitions
Section 9:6-8.65 - Substitution for original placement
Section 9:6-8.66 - Failure to comply with terms and conditions of suspended judgment
Section 9:6-8.67 - Failure to comply with terms and conditions of probation
Section 9:6-8.68 - Effect of running away from place of placement
Section 9:6-8.69 - Release from responsibility under order of placement
Section 9:6-8.70 - Appealable orders
Section 9:6-8.71 - Appropriations
Section 9:6-8.72 - Rules and regulations
Section 9:6-8.72a - Rules, regulations.
Section 9:6-8.73 - Severability
Section 9:6-8.74 - Short title
Section 9:6-8.75 - "New Jersey Task Force on Child Abuse and Neglect."
Section 9:6-8.76 - Task force membership.
Section 9:6-8.77 - Vacancies; compensation
Section 9:6-8.78 - Providing staff.
Section 9:6-8.79 - Task force's use of services and consultants
Section 9:6-8.80 - Meetings; hearings
Section 9:6-8.81 - Funds, solicitation, use
Section 9:6-8.83 - Short title.
Section 9:6-8.84 - Definitions relative to child abuse, neglect.
Section 9:6-8.85 - Procedures for responding to reports of medical neglect.
Section 9:6-8.86 - Pursuit of legal remedies for medical care.
Section 9:6-8.88 - Child Fatality and Near Fatality Review Board.
Section 9:6-8.89 - Membership, terms of board members.
Section 9:6-8.90 - Duties of board.
Section 9:6-8.91 - Determinations of board; composition of team; report.
Section 9:6-8.92 - Confidential master file.
Section 9:6-8.93 - Subpoena, review of records.
Section 9:6-8.94 - Immunity from liability for civil damages.
Section 9:6-8.95 - Solicitation of grants, other funds.
Section 9:6-8.96 - Regulations by board.
Section 9:6-8.97 - Citizen review panels.
Section 9:6-8.98 - Rules, regulations by department.
Section 9:6-8.98.1 - Study of effects of racial, ethnic disparities on infant mortality.
Section 9:6-8.98.2 - Regulations.
Section 9:6-8.100 - Function of center, staffing.
Section 9:6-8.101 - Purpose of center
Section 9:6-8.102 - Services provided by staff of center.
Section 9:6-8.103 - Safety of child undergoing treatment assured
Section 9:6-8.106 - Rules, regulations.
Section 9:6-8.108 - Definitions relative to child advocacy centers and multidisciplinary teams.
Section 9:6-8.109 - Child Advocacy Center-Multidisciplinary Team Advisory Board.
Section 9:6-8.110 - Duties of board.
Section 9:6-8.111 - Certification program; goal.
Section 9:6-8.112 - "Child Advocacy Center-Multidisciplinary Team Fund."
Section 9:6-8.113 - Distribution of grants.
Section 9:6-8.114 - Rules, regulations.
Section 9:6A-5 - Additional moneys.
Section 9:6A-6 - Deduction of costs.
Section 9:6A-11 - County commissions encouraged.
Section 9:6A-12 - $2,500 grants
Section 9:6A-13 - Rules, regulations
Section 9:6B-2 - Findings, declarations.
Section 9:6B-2.1 - Short title.
Section 9:6B-2.2 - Findings, declarations.
Section 9:6B-4 - Child's rights
Section 9:6B-5 - Public information.
Section 9:6B-6 - Rules, regulations.
Section 9:7-1 - Consent of Commissioner of Institutions and Agencies
Section 9:7-2 - Indemnity bond; conditions
Section 9:7-3 - Violation of s.s. 9:7-1 and 9:7-2; responsibility for care and maintenance of child
Section 9:7-4 - Relative may bring child into state; immunity does not pass to others
Section 9:7-5 - Recovery of penalty in bond
Section 9:7-6 - Blanket consents and approvals; agreements; assignment of powers and duties
Section 9:7-7 - Effective date
Section 9:10-1 - Establishment and management
Section 9:10-2 - Incorrigible, insubordinate and disorderly children and habitual truants
Section 9:10-3 - Scope and purpose of school; personnel
Section 9:10-4 - Superintendents of detention house or school in certain counties
Section 9:10-5 - Records and reports
Section 9:11-1 - Appointment of trustees; number; term; other offices; vacancies
Section 9:11-2 - Organization and powers of trustees; contracts
Section 9:11-3 - Acquisition of site; erection of building
Section 9:11-4 - Master, matron, teachers and employees; rules
Section 9:11-5 - Places of detention
Section 9:11-6 - Payment for maintenance
Section 9:11-7 - Moneys for county youth house; bonds
Section 9:11-8 - Money provided annually
Section 9:11-9 - Use of facilities by other counties and agencies by agreement
Section 9:11-10 - Sale of real estate not needed for public use
Section 9:12-1 - Commitment authorized; powers of board
Section 9:12-2 - Temporary relief of needy child
Section 9:12A-1 - Establishment of children's shelter; management; funds
Section 9:12A-2 - Short title.
Section 9:12A-3 - Findings, declarations relative to homeless youth.
Section 9:12A-4 - Definitions relative to homeless youth.
Section 9:12A-6 - Street outreach program.
Section 9:12A-7 - Basic center shelter program.
Section 9:12A-8 - Transitional living program.
Section 9:12A-9 - Rules, regulations.
Section 9:13-7 - Expenditures for crippled children and children with cerebral palsy
Section 9:13-8 - Funds; how raised
Section 9:14B-1 - County assistance
Section 9:17-4 - Warrants directed to whom
Section 9:17-5 - Reputed father out of county; serving warrant upon
Section 9:17-6 - Bond to be taken; discharge thereon; proceedings when no bond is taken
Section 9:17-39 - Parent and child relationship defined.
Section 9:17-40 - Extent of parent and child relationship
Section 9:17-41 - Parent-child relationship established.
Section 9:17-42 - Closed court; confidentiality of records
Section 9:17-43 - Presumptions.
Section 9:17-44 - Artificial insemination.
Section 9:17-45 - Action to determine existence of parent-child relationship.
Section 9:17-46 - Jurisdiction
Section 9:17-47 - Parties; guardian ad litem
Section 9:17-48 - Consent conference; settlement; contested cases, testing; presumptions.
Section 9:17-49 - Civil action under act; trial by court.
Section 9:17-52 - Evidence relating to paternity.
Section 9:17-52.1 - Default order, effect
Section 9:17-54 - Costs and fees
Section 9:17-55 - Enforcing parties
Section 9:17-56 - Continuing jurisdiction
Section 9:17-58 - Support agreement
Section 9:17-59 - Amended birth record
Section 9:17-62 - Definitions.
Section 9:17-63 - Rights of parentage.
Section 9:17-64 - Eligibility.
Section 9:17-65 - Requirements for a gestational carrier agreement.
Section 9:17-66 - Duty to support.
Section 9:17-67 - Establishment of parent-child relationship.
Section 9:17-68 - Certain provisions of law not applicable to gestational carrier agreements.
Section 9:17-69 - Findings, declarations relative to establishing legal parentage.
Section 9:17-70 - Definitions relative to establishing legal parentage.
Section 9:17-71 - Eligibility to file for adoption.
Section 9:17A-1 - Consent by minor to medical, surgical care
Section 9:17A-1.1 - Short title
Section 9:17A-1.2 - Findings relative to parental notification for abortion
Section 9:17A-1.3 - Definitions relative to parental notification for abortion
Section 9:17A-1.4 - Written notice of pending operation
Section 9:17A-1.5 - Notice not required if parent already notified
Section 9:17A-1.6 - Notice not required if abortion due to medical emergency
Section 9:17A-1.7 - Waiver of parental notification by court proceedings
Section 9:17A-1.8 - Fact sheet for distribution to unemancipated pregnant minors.
Section 9:17A-1.9 - Entitlement to benefits unaffected
Section 9:17A-1.10 - Violation; penalty
Section 9:17A-1.11 - Rules, regulations.
Section 9:17A-1.12 - Provisions of act severable
Section 9:17A-3 - Institution of higher education defined
Section 9:17A-4 - Consent by minor to treatment.
Section 9:17A-4.1 - Admission to treatment programs not affected
Section 9:17A-4.2 - Information provided relative to certain behavioral health provisions.
Section 9:17A-4.3 - Construction.
Section 9:17A-4.4 - Rules, regulations.
Section 9:17A-5 - Informing spouse, parent, custodian or guardian of minor's treatment
Section 9:17A-6 - Consent by person age 17 to donate blood, age 16 with parental consent.
Section 9:17B-1 - Legislative findings
Section 9:17B-2 - Status of 18 to 21-year-olds
Section 9:17B-3 - Majority at 18.
Section 9:21-1 - Report on municipal conditions
Section 9:21-2 - Municipal youth guidance commission
Section 9:22-1 - Municipal youth guidance council
Section 9:22-2 - Joint municipal youth guidance commission in contiguous municipalities
Section 9:22-3 - Terms of members
Section 9:22-4 - Annual organization; meetings
Section 9:22-5 - Duties of guidance council
Section 9:22-6 - Powers of guidance council
Section 9:22-8 - Adjustment committee of guidance council; plan of operation; records; reports
Section 9:22-11 - Appropriations to municipal youth guidance council
Section 9:22-12 - Effective date
Section 9:23-1 - Interstate Compact on juveniles
Section 9:23-1.1 - Authorization to execute amendment
Section 9:23-1.2 - Return of nonresident juveniles charged with crime
Section 9:23-2 - Appointment of compact administrator
Section 9:23-3 - Supplementary agreements with other states
Section 9:23-4 - Payment of financial obligations
Section 9:23-5 - Interstate Compact on the Placement of Children
Section 9:23-6 - Designation of appropriate public authorities.
Section 9:23-7 - Violation of compact, crime of the fourth degree
Section 9:23-8 - State officers, agencies, entering into agreements with party states; permitted
Section 9:23-9 - Governor designated executive head
Section 9:23-10 - Provisions not applicable
Section 9:23-11 - Financial responsibility for child placed in State
Section 9:23-12 - Court to notify Compact Administrator of child brought into State
Section 9:23-13 - Placement of children in foster homes, facilities in adjoining states; permitted
Section 9:23-14 - Agreements between party states for visitation, inspection, supervision
Section 9:23-15 - Temporary removal of child from a detrimental placement; permitted
Section 9:23-16 - Adoption of regulations.
Section 9:23-17 - Jurisdiction of courts not conferred by this act
Section 9:23B-1 - Interstate Compact for Juveniles.
Section 9:23B-2 - Definitions.
Section 9:23B-3 - Interstate Commission for Juveniles.
Section 9:23B-4 - Powers and duties of the interstate commission.
Section 9:23B-5 - Organization and operation of the interstate commission.
Section 9:23B-6 - Rulemaking functions of the interstate commission.
Section 9:23B-7 - Oversight, enforcement and dispute resolution by the interstate commission.
Section 9:23B-9 - The state council.
Section 9:23B-10 - Compacting states, effective date and amendment.
Section 9:23B-11 - Withdrawal, default, termination and judicial enforcement.
Section 9:23B-12 - Severability and construction.
Section 9:23B-13 - Binding effect of compact and other laws.
Section 9:24-2 - Legislative findings and declarations
Section 9:24-3 - Liberal construction
Section 9:24-6 - Rules and regulations
Section 9:24-7 - Authority of commissioner
Section 9:25-2 - Legislative findings and declarations
Section 9:25-4 - Creation; function; administrator; agreements
Section 9:25-4.1 - Youth Corps supervisor, assistant
Section 9:25-6 - Eligibility for enrollment and continuance of membership in corps
Section 9:25-7 - Reasonably remunerative stipends to members of corps on community service projects
Section 9:25-9 - Rules and regulations
Section 9:25-10 - Expenditure of existing funds by commissioner
Section 9:25-11 - Receipt and expenditure of appropriations and other funds