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A4124
ASSEMBLY, No. 4124
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 19, 2026
Sponsored by:
Assemblywoman� CAROL A. MURPHY
District 7 (Burlington)
SYNOPSIS
���� Provides for background checks and other requirements
for certain agencies providing temporary home for child or pregnant woman
during crisis.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
providing for a temporary home for certain
individuals, amending P.L.1977, c.102, and supplementing Title 9 of the Revised
Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 1 of P.L.1977,
c.102 (C.9:6-8.10a) is amended to read as follows:
���� 1.��� a.� All records of child
abuse reports made pursuant to section 3 of P.L.1971, c.437 (C.9:6-8.10), all
information obtained by the Department of Children and Families in
investigating such reports including reports received pursuant to section 20 of
P.L.1974, c.119 (C.9:6-8.40), and all reports of findings forwarded to the
child abuse registry pursuant to section 4 of P.L.1971, c.437 (C.9:6-8.11)
shall be kept confidential and may be disclosed only under the circumstances
expressly authorized under subsections b., c., d., e., f., and g. herein.� The
department shall disclose information only as authorized under subsections b.,
c., d., e., f., and g. of this section that is relevant to the purpose for
which the information is required, provided, however, that nothing may be
disclosed which would likely endanger the life, safety, or physical or
emotional well-being of a child or the life or safety of any other person or
which may compromise the integrity of a department investigation or a civil or
criminal investigation or judicial proceeding.� If the department denies access
to specific information on this basis, the requesting entity may seek
disclosure through the Chancery Division of the Superior Court.� This section
shall not be construed to prohibit disclosure pursuant to paragraphs (2) and
(7) of subsection b. of this section.
���� Nothing in P.L.1977, c.102
(C.9:6-8.10a et seq.) shall be construed to permit the disclosure of any
information deemed confidential by federal or State law.
���� b.��� The department may and
upon written request, shall release the records and reports referred to in
subsection a., or parts thereof, consistent with the provisions of P.L.1997,
c.175 (C.9:6-8.83 et al.) to:
���� (1)�� A public or private
child protective agency authorized to investigate a report of child abuse or
neglect;
���� (2)�� A police or other law
enforcement agency investigating a report of child abuse or neglect;
���� (3)�� A physician
,
physician assistant, or an advanced practice nurse,
who has before him a
child whom he reasonably suspects may be abused or neglected or an authorized
member of the staff of a duly designated regional child abuse diagnostic and
treatment center which is involved with a particular child who is the subject
of the request;
���� (4)�� A physician, a hospital
director or his designate, a police officer, or other person authorized to
place a child in protective custody when such person has before him a child
whom he reasonably suspects may be abused or neglected and requires the information
in order to determine whether to place the child in protective custody;
���� (5)�� An agency, whether
public or private, including any division or unit in the Department of Human
Services or the Department of Children and Families, authorized to care for,
treat, assess, evaluate, or supervise a child who is the subject of a child
abuse report, or a parent, guardian, resource family parent, or other person
who is responsible for the child's welfare, or both, when the information is
needed in connection with the provision of care, treatment, assessment,
evaluation, or supervision to such child or such parent, guardian, resource
family parent, or other person and the provision of information is in the best
interests of the child as determined by the Division of Child Protection and
Permanency;
���� (6)�� A court or the Office of
Administrative Law, upon its finding that access to such records may be
necessary for determination of an issue before it, and such records may be
disclosed by the court or the Office of Administrative Law in whole or in part
to the law guardian, attorney, or other appropriate person upon a finding that
such further disclosure is necessary for determination of an issue before the
court or the Office of Administrative Law;
���� (7)�� A grand jury upon its
determination that access to such records is necessary in the conduct of its
official business;
���� (8)�� Any appropriate State
legislative committee acting in the course of its official functions, provided,
however, that no names or other information identifying persons named in the
report shall be made available to the legislative committee unless it is absolutely
essential to the legislative purpose;
���� (9)�� (Deleted by amendment,
P.L.1997, c.175).
���� (10)� A family day care
sponsoring organization for the purpose of providing information on child abuse
or neglect allegations involving prospective or current providers or household
members pursuant to P.L.1993, c.350 (C.30:5B-25.1 et seq.) and as necessary,
for use in administrative appeals related to information obtained through a
child abuse registry search;
���� (11)� The Victims of Crime
Compensation Board, for the purpose of providing services available pursuant to
the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317
(C.52:4B-1 et seq.) to a child victim who is the subject of such report;
���� (12)� Any person appealing a
department service or status action or a substantiated finding of child abuse
or neglect and his attorney or authorized lay representative upon a
determination by the department or the presiding Administrative Law Judge that such
disclosure is necessary for a determination of the issue on appeal;
���� (13)� Any person or entity
mandated by statute to consider child abuse or neglect information when
conducting a background check or employment-related screening of an individual
employed by or seeking employment with an agency or organization providing services
to children;
���� (14) Any person or entity
conducting a disciplinary, administrative, or judicial proceeding to determine
terms of employment or continued employment of an officer, employee, or
volunteer with an agency or organization providing services for children.� The
information may be disclosed in whole or in part to the appellant or other
appropriate person only upon a determination by the person or entity conducting
the proceeding that the disclosure is necessary to make a determination;
���� (15) The members of a county
multi-disciplinary team, established in accordance with State guidelines, for
the purpose of coordinating the activities of agencies handling alleged cases
of child abuse and neglect;
���� (16)� A person being evaluated
by the department or the court as a potential care-giver to determine whether
that person is willing and able to provide the care and support required by the
child;
���� (17)� The legal counsel of a
child, parent, or guardian, whether court-appointed or retained, when
information is needed to discuss the case with the department in order to make
decisions relating to or concerning the child;
���� (18)� A person who has filed a
report of suspected child abuse or neglect for the purpose of providing that
person with only the disposition of the investigation;
���� (19)� A parent, resource
family parent, or legal guardian when the information is needed in a department
matter in which that parent, resource family parent, or legal guardian is
directly involved.� The information may be released only to the extent necessary
for the requesting parent, resource family parent, or legal guardian to discuss
services or the basis for the department's involvement or to develop, discuss,
or implement a case plan for the child;
���� (20)� A federal, State, or
local government entity, to the extent necessary for such entity to carry out
its responsibilities under law to protect children from abuse and neglect;
���� (21)� Citizen review panels
designated by the State in compliance with the federal "Child Abuse
Prevention and Treatment Act Amendments of 1996," Pub.L.104-235;
���� (22) The Child Fatality and
Near Fatality Review Board established pursuant to P.L.1997, c.175 (C.9:6-8.83
et al.);
[
or
]
��������
���� (23)� Members of a family team
or other case planning group formed by the Division of Child Protection and
Permanency and established in accordance with regulations adopted by the
Commissioner of Children and Families for the purpose of addressing the child's
safety, permanency, or well-being, when the provision of such information is in
the best interests of the child as determined by the Division of Child
Protection and Permanency
; or
����
(24) A prospective
volunteer, as defined in section 2 of P.L. , c. (C. ) (pending
before the Legislature as this bill), and each person 18 years of age or older
residing in the home of the prospective volunteer seeking to provide a
temporary home to an infant, child, parent under 21 years of age with an
infant, or pregnant woman under 21 years of age, as provided for in P.L. , c. (C. ) (pending
before the Legislature as this bill)
.
���� Any individual, agency, board,
court, grand jury, legislative committee, or other entity which receives from
the department the records and reports referred to in subsection a., shall keep
the records and reports, or parts thereof, confidential and shall not disclose
the records and reports or parts thereof except as authorized by law.
���� c.���� The department may
share information with a child who is the subject of a child abuse or neglect
report, as appropriate to the child's age or condition, to enable the child to
understand the basis for the department's involvement and to participate in the
development, discussion, or implementation of a case plan for the child.
���� d.��� The department may
release the records and reports referred to in subsection a. of this section to
any person engaged in a bona fide research purpose, provided, however, that no
names or other information identifying persons named in the report shall be made
available to the researcher unless it is absolutely essential to the research
purpose and provided further that the approval of the Commissioner of Children
and Families or his designee shall first have been obtained.
���� e.���� For incidents
determined by the department to be substantiated, the department shall forward
to the police or law enforcement agency in whose jurisdiction the child named
in the report resides, the identity of persons alleged to have committed child
abuse or neglect and of victims of child abuse or neglect, their addresses, the
nature of the allegations, and other relevant information, including, but not
limited to, prior reports of abuse or neglect and names of siblings obtained by
the department during its investigation of a report of child abuse or neglect.�
The police or law enforcement agency shall keep such information confidential.
���� f.���� The department may
disclose to the public the findings or information about a case of child abuse
or neglect which has resulted in a child fatality or near fatality.� Nothing
may be disclosed which would likely endanger the life, safety, or physical or emotional
well-being of a child or the life or safety of any other person or which may
compromise the integrity of a department investigation or a civil or criminal
investigation or judicial proceeding.� If the department denies access to
specific information on this basis, the requesting entity may seek disclosure
of the information through the Chancery Division of the Superior Court.� No
information may be disclosed which is deemed confidential by federal or State
law.� The name or any other information identifying the person or entity who
referred the child to the department shall not be released to the public.
���� g.��� The department shall
release the records and reports referred to in subsection a. of this section to
a unified child care agency contracted with the department pursuant to
N.J.A.C.10:15-2.1 for the purpose of providing information on child abuse or
neglect allegations involving a prospective approved home provider or any adult
household member pursuant to section 2 of P.L.2003, c.185 (C.30:5B-32) to
a child's parent when the information is necessary for the parent to make a
decision concerning the placement of the child in an appropriate child care
arrangement.
���� The department shall not
release any information that would likely endanger the life, safety, or
physical or emotional well-being of a child or the life or safety of any other
person.
(cf: P.L.2012, c.16, s.22)
���� 2.��� (New section)� As used
in P.L.��� , c.��� (C.������ ) (pending before the Legislature as this bill):
���� "Approved agency"
means a nonprofit corporation, association, or agency, including any public
agency, approved by the Department of Children and Families for the purpose of
placing children for adoption in New Jersey.
���� "Child" means a
person under 18 years of age, excluding an infant.
���� "Child abuse
registry" means the child abuse registry of the Division of Child
Protection and Permanency in the Department of Children and Families
established pursuant to section 4 of P.L.1971, c.437 (C.9:6-8.11).
���� "Commissioner" means
the Commissioner of Children and Families.
���� "Crisis" means a
temporary situation which includes, but is not limited to, homelessness,
hospitalization, substance abuse or mental health issues, domestic violence,
unemployment, any situation which would leave a child or infant with no parent
or guardian available to care for the child or infant, or any situation which
would leave a pregnant woman under 21 years of age with no safe home to reside
in during pregnancy as determined by an approved agency.
���� "Department" means
the Department of Children and Families.
���� "Home study" means an
approved agency's formal assessment of the capacity and readiness of a prospective
volunteer to host a person in crisis by providing a temporary home to the
person in crisis pursuant to P.L.��� , c.��� (C.����� ) (pending before the
Legislature as this bill).
���� "Infant" means a
person under 24 months of age.
���� "Person in crisis"
means an infant, child, parent under 21 years of age with an infant, or
pregnant woman under 21 years of age who is in crisis.
���� "Temporary" means a
time frame that is no more than 12 months.
���� "Volunteer" means a
person 21 years of age or older who provides a temporary home to a person in
crisis pursuant to
P.L. , c. (C. ) (pending
before the Legislature as this bill), without receiving reimbursement or other
compensation for providing the home.
���� 3.��� (New section)� a.� An
agency, organization or other entity, which facilitates a voluntary temporary
placement of a person in crisis in the home of a volunteer in order for the
volunteer to provide a temporary home during the time that a parent of an infant
or child or a pregnant woman is in crisis, shall be an approved agency and
enter into a contract with the department prior to facilitating the placement.�
The voluntary temporary placement shall be provided while the parent of the
infant or child or the pregnant woman is seeking to restore a stable life to
raise an infant or child, as applicable.
���� b.��� An approved agency which
facilitates a voluntary temporary placement shall:
���� (1)�� provide oversight of the
placement, including, but not limited to, providing a weekly visit to the
temporary home;
���� (2)�� provide assistance to
the parent of the infant or child or the pregnant woman under 21 years of age
residing in the temporary home to help guide the parent or pregnant woman in
restoring a stable life to raise an infant or child, as applicable; and
���� (3)�� locate a different
voluntary temporary placement for a person in crisis if, as determined by the
approved agency, a change is necessary.
���� 4.��� (New section)� a.� An
approved agency shall conduct a home study of the prospective volunteer's home
to determine the suitability of the home.
���� b.��� As part of the home
study, the approved agency shall:
���� (1)�� consider the results of
a check of the child abuse registry, which shall be obtained by each
prospective volunteer and each person 18 years of age or older residing in the
prospective volunteer's home who shall provide the original results to the
approved agency, for any records which might reveal a history of child abuse or
neglect for each prospective volunteer and each person 18 years of age or older
residing in the prospective volunteer's home; and
���� (2)�� obtain the results of
State and federal criminal history record checks for each prospective volunteer
and each person 18 years of age or older residing in the prospective
volunteer's home as provided for in subsection c. of this section.
���� c.���� (1)� Each prospective
volunteer and each member of the prospective volunteer's household 18 years of
age or older shall submit to the approved agency standard fingerprint cards
containing the person's name, address, and fingerprints taken by a State or municipal
law enforcement agency.
���� (2)�� The cost of a criminal
history record check required pursuant to this subsection shall be paid by the
prospective volunteer or household member at the time the fingerprint cards are
submitted.
���� (3)�� The approved agency
shall forward the fingerprint cards and payment to the commissioner.
���� (4)�� The commissioner is
authorized to exchange fingerprint data and receive criminal history record
information from the Federal Bureau of Investigation and the Division of State
Police for use in determining the suitability of a home as provided for in this
section.
���� (5)�� The department shall
advise the approved agency of information received from the State and federal
criminal history record checks based upon the fingerprints submitted by the
agency.� Information provided to the approved agency shall be confidential and not
disclosed by the approved agency to any individual or entity without the
written permission of the person who is the subject of the record check.
���� d.��� The approved agency
shall forward each home study and the agency's determination of the suitability
of the home to the department, prior to the placement of a person in crisis in
the home of a prospective volunteer.� The approved agency shall maintain a record
of each home study, child abuse registry and criminal history record check, and
its determination of the suitability of the home.
���� 5.��� The Commissioner of
Children and Families shall adopt rules and regulations, pursuant to the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
to effectuate the purposes of this act.
���� 6.��� This act shall take
effect on the first day of the seventh month next following the date of
enactment, but the Commissioner of Children and Families may take such
anticipatory administrative action in advance thereof as shall be necessary for
the implementation of this act.
STATEMENT
���� This bill provides for an
approved agency, which is an agency approved by the Department of Children and
Families (DCF) to place children for adoption in New Jersey, to facilitate the
voluntary temporary placement of an infant, child, parent under 21 years of age
with an infant, or pregnant woman under 21 years of age in the home of a
volunteer, who is to provide a temporary home during the time that the parent
of the infant or child or the pregnant woman is in crisis.� "Crisis"
is defined in the bill as a temporary situation which includes, but is not
limited to, homelessness, hospitalization, substance abuse or mental health
issues, domestic violence, unemployment, any situation which would leave a
child or infant with no parent or guardian available to care for the child or
infant, or any situation which would leave a pregnant woman under 21 years of
age with no safe home to reside in during pregnancy as determined by an
approved agency.� An approved agency is to enter into a contract with DCF prior
to facilitating the placements.
���� These agencies are also to:
provide oversight of a placement by visiting the placement home weekly; provide
assistance to help guide the parent or pregnant woman in restoring a stable
life; and locate a different voluntary temporary placement if, as determined by
the approved agency, a change is necessary.
���� A home study to determine the
suitability of the home is to be conducted prior to a prospective volunteer
providing the temporary home.� As part of the home study, the approved agency
is to consider background checks from the State's child abuse registry and
obtain State and federal criminal history record checks for each prospective
volunteer and person 18 years of age or older residing in the prospective
volunteer's home.� The costs of the checks are to be paid by the prospective
volunteer and person 18 years of age or older.
���� The bill also provides that
the approved agency is to forward each home study and the agency's
determination of the suitability of the home to DCF, prior to placement of a
person in crisis in the home of a prospective volunteer.� The approved agency
is to maintain a record of each home study, background check, and its
determination of the suitability of the home.
���� The bill also amends the law
governing confidentiality of information in the State's child abuse registry to
permit disclosure of the information to a physician assistant, an advanced
practice nurse, a prospective volunteer seeking to provide a temporary home
under the bill, and a person 18 years of age or older residing in the home.
���� This bill was pre-filed for
introduction in the 2024-2025 session pending technical review.� As reported,
the bill includes the changes required by technical review, which has been
performed.