Friday, October 17, 2014

Abused And Neglected Children In Nj


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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