According the New Jersey Department of Children and Families, twenty-two
(22) children died in New Jersey in 2009 as the result of abuse or
neglect. As of March 31, 2011, over 7,000 children were in DYFS
out-of-home placement, and over 37,000 were receiving in-home services.
N.J. Stat. 9:6-8.21 defines an abused or neglected child as one who is
less than 18 years of age and whose parent or guardian:
(1) inflicts or allows to be inflicted, physical injury, other than by
accidental means, which creates a substantial risk of death, serious or
protracted disfigurement, protracted impairment of physical or emotional
health, or protracted loss or impairment of the function of any bodily
organ;
(2) creates or allows to be created a substantial or ongoing risk of
physical injury, other than by accidental means, which would be likely
to cause death, serious or persistent disfigurement, or protracted loss
or impairment of the function of any bodily organ;
(3) commits or allows to be committed an act of sexual abuse against the child;
(4) or a child whose physical, mental, or emotional health has been
impaired or is in imminent danger of becoming impaired as the result of
the failure of his parent or guardian, to exercise a minimum degree of
care;
(a) in supplying the child with adequate food, clothing, shelter,
education, medical or surgical care though financially able to do so or
though offered financial or other reasonable means to do so, or
(b) in providing the child with proper supervision or guardianship, by
unreasonably inflicting or allowing to be inflicted harm, or substantial
risk of harm, including the infliction of excessive corporal
punishment; or by any other acts of a similarly serious nature requiring
the aid of the court;
(5) or a child upon whom excessive physical restraint has been used
under circumstances which do not indicate that the child's behavior is
harmful to himself, others, or property;
(6) or a child who has been willfully abandoned by his parent or guardian;
(7) or a child who is in an institution and;
(a) has been placed there inappropriately for a continued period of time
with the knowledge that the placement has resulted or may continue to
result in harm to the child's mental or physical well-being or
(b) has been willfully isolated from ordinary social contact under
circumstances, which indicate emotional or social deprivation.
If a child is subject to abuse or neglect proceedings in New Jersey, a
law guardian will be appointed for him or her, to protect his or her
interests and to help the child express his or her wishes to the Court.
The law guardian is provided by the Office of Law Guardian, a division
of Public Defenders Office. A law guardian helps the child understand
his or her rights and the Court proceedings, and offers advice as to the
best course of action. The guardian ensures that the child is able to
fully participate in the proceedings and that the Court knows what the
childs wishes are. The law guardian and the child have a traditional
attorney-client relationship, to the extent possible, and enjoy the
confidentiality that comes with the attorney-client relationship. Each
law guardian works with a staff of professional, including an
investigator, who takes an active role in learning what the childs
wishes are, and developing a position on behalf of the child.
In New Jersey, anyone who has a reasonable belief that abuse is
occurring should report it to the Department of Children and Families by
calling 1-877 NJ ABUSE. Individuals who report abuse or neglect are
immune from civil or criminal liability resulting from the report. The
call is toll free and a caller may remain anonymous if he or she
chooses.
For further details visit New Jersey Family Law Attorneys or if you wants an appointment then contact Bergen County Child Custody Lawyers - 3 University Plaza, Suite 350 Hackensack, NJ 07601
Call us today! (201) 771-1808
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