Authorizes disclosure by DCF of child abuse and neglect information to religious institutions.

A4408

ASSEMBLY, No. 4408

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblyman� JAY WEBBER

District 26 (Morris and Passaic)

SYNOPSIS

���� Authorizes disclosure by DCF of child abuse and
neglect information to religious institutions.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning disclosure of child abuse information
and amending P.L.1977, c.102.

����
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 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) An organization operated
primarily for religious purposes, to provide information on child abuse or
neglect allegations involving a prospective or current employee who will
provide instruction or other services to children
.

���� 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.��� This act shall take
effect immediately.

STATEMENT

���� This bill would authorize the
Division of Child Protection and Permanency in the Department of Children and
Families (DCF) to disclose to religious institutions information on child abuse
or neglect allegations involving a prospective or current employee who will
provide instruction or other services to children.

���� Current law specifies the
circumstances under which DCF is authorized to disclose to certain entities
records and reports of child abuse, information obtained by DCF in
investigating such reports, and reports of findings that are forwarded to the
State child abuse registry.� Religious institutions are not included among the
entities to which DCF is permitted to disclose this information, as was
recently noted in an opinion of the Appellate Division of the
Superior Court,
decided April 5, 2013, in
New Jersey Div. of Youth & Family Servs
.
v.
P.H. and J.C.
, 2013
N.J. Super.
LEXIS 52.�