Read the full stored bill text
A196
ASSEMBLY, No. 196
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman DAWN FANTASIA
District 24 (Morris, Sussex and Warren)
SYNOPSIS
���� Requires children's psychiatric facilities to have
designated staff members visually supervise patients 24 hours a day, seven days
a week.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning children�s psychiatric facilities,
amending R.S.9:6-2,� and supplementing Title 9 of the Revised Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.� R.S.9:6-2 is amended to
read as follows:
���� 9:6-2. "Parent
,
"
[
,
]
as used in this chapter, shall include the stepfather and
stepmother and the adoptive or resource family parent.� "The person having
the care, custody
,
and control of any child
,
"
[
,
]
as used in this chapter, shall mean any person who has assumed the care of a
child, or any person with whom a child is living at the time the offense is
committed, and shall include a teacher, employee
,
or volunteer, whether
compensated or uncompensated, of an institution as defined in section 1 of
P.L.1974, c.119 (C.9:6-8.21)
, or an agency administrator or home, program,
or facility director of a children�s psychiatric facility as defined in section
2 of P.L.��� , c.�� (C.��� ) (pending before the Legislature as this bill)
who is responsible for the child's welfare, and a person who legally or
voluntarily assumes the care, custody, maintenance
,
or support of the
child.� Custodian also includes any other staff person of an institution
regardless of whether or not the person is responsible for the care or
supervision of the child.� Custodian also includes a teaching staff member or
other employee, whether compensated or uncompensated, of a day school as
defined in section 1 of P.L.1974, c.119 (C.9:6-8.21).
(cf: P.L.2004, c.130, s.20)
���� 2.� (New section)�
Notwithstanding any provisions of law to the contrary,� a.� children�s
psychiatric facility shall provide daily care to and supervision of the
children receiving treatment at the facility, and the agency administrator or
home, program, or facility director shall designate trained staff members to
provide active 24 hour, seven day a week visual supervision of each child at
the facility, including, but not limited to, video monitoring with equipment
capable of streaming live video wirelessly to a remote location.� Video
monitoring of a child shall only be allowed if one or more of the designated
staff members can continuously and actively watch the children via monitor.
���� b.� At no time shall a child
receiving treatment at the facility be left:
���� (1) unsupervised by designated
staff members, except when that child is using the bathroom, shower, or
changing facilities; or
���� (2) alone with one or more
children without active, visual supervision by designated staff members.
���� c.� As used in this section,
�children�s psychiatric facility� means a hospital contracted with a children�s
crisis intervention services unit or a private health care facility to provide
acute child psychiatric or short-term psychiatric care.
���� 3.� The Department of Children
and Families, pursuant to the �Administrative Procedure Act,� P.L.1968, c.410
(C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the
purposes of this act.
���� 4.� This act shall take effect
immediately.
STATEMENT
���� This bill requires a
children�s psychiatric facility to provide daily care to and supervision of the
children receiving treatment at the facility, and the agency administrator or
home, program, or facility director is to designate trained staff members to
provide active, 24 hour, seven day a week visual supervision of each child at
the facility including, but not limited to, video monitoring with equipment
capable of streaming live video wirelessly to a remote location.� Video
monitoring of the child would only be allowed if one or more of the designated
staff members can continuously and actively watch the children via monitor.
���� The bill amends R.S.9:6-2 to
expand the definition of �the person having the care, custody and control of
any child� to include the agency administrator or home, program, or facility
director of a children�s psychiatric facility.
���� The bill stipulates that at no
time would a child receiving treatment at the facility be left unsupervised by
designated staff members, except when that child is using the bathroom, shower,
or changing facilities, or be left alone with one or more children without
active, visual supervision by designated staff members.
���� As used in the bill,
�children�s psychiatric facility� means a hospital contracted with a children�s
crisis intervention services unit or a private health care facility to provide
acute child psychiatric or short-term psychiatric care.