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

To Read More about Child Support Click:

Emancipation and Child Support in New Jersey

New Jersey Complimentary Dispute Resolution

Alternative Dispute Resolution (ADR) is offered by the state of New Jersey under the name Complimentary Dispute Resolution (CDR), as the state views the dispute resolution process as a complement to the traditional trial process, rather than an alternative to it. The primary programs offered by the state are Settlement Proceedings, Mediation, and Arbitration. The Supreme Court has approved many CDR programs for use in the Municipal, Family, and Civil courts. Some programs are mandated by statute, the Supreme Court requires others, and some are pilots or optional in selected situations. Trained citizen volunteers, attorneys, judicial personnel, and community agencies provide complimentary dispute resolution services.

Three of the primary CDR programs are:

Settlement Proceeding, where the parties appear before a neutral third party or panel, who assists in attempting to resolve the dispute by voluntary agreement, by providing a suggested settlement;

Mediation, where a neutral third party, without any power to legally bind the parties, facilitates communication in an effort to promote settlement without imposition of the mediator's own judgment, and makes a non-binding decision; and

Arbitration, where each party and/or his or her attorney presents its case to a neutral third party, who then renders a decision, which may be binding or non-binding, according to statute, rule, or the parties' prior agreement.

Some of the major goals of the CDR program are to protect the rights of litigants, be accessible to all, and provide a fair avenue for the resolution of disputes. Not all CDR programs are available in every vicinage. To determine which programs are available in your vicinage or to learn more about a particular program, visit the New Jersey Courts’ Complementary Dispute Resolution website. 

For further details visit New Jersey Family Law Attorneys or wants an appointment contact Bergen County Divorce Attorneys here: 3 University Plaza, Suite 350 Hackensack, NJ 07601
Telephone: (201) 771-1808

Defamation Laws in NJ

Although the United States Constitution, as well as the Constitution of New Jersey, guarantees  a right to free speech, there exists a common law principle in New Jersey that every man has the right to his good name, free from unjustified smears. Because of this, a speaker or writer is held liable for a false and defamatory statement, regardless of fault.  Defamatory statements are considered false, and a speaker or writer has the burden of proving the truth of a challenged statement. The standard of proof in a defamation claim may be actual malice, when the claim involves matters of public interest, or negligence, when the speech does not involve matters of public concern.

The State of New Jersey has found that when speech involves matters of public interest, it is protected by the common law privilege of fair comment. Fair comment is a defense to a defamation action, when the words are a fair comment on a matter of public interest or concern. To overcome the fair comment defense, a Plaintiff must prove actual malice, or that the speaker or writer knew the statement to be false or acted in reckless disregard to its truth or falsity. Actual malice must be proven by clear and convincing evidence. In determining whether speech involves a matter of public interest or concern, the Court relies on the common law. When judging how to apply the common law in new circumstances, and the degree to which speech deserves protection, the Court considers the public interest in the free and uninhibited flow of information, the speaker's ability to exercise due care, and the individual's need for legal recourse if his good name is subject to false and defamatory verbal attacks. Speech that does not involve matters of public concern requires that greater weight be placed on an individual's interest in his reputation. In such cases, negligence is the appropriate standard of care. The standard of proof in a negligence claim is a preponderance of the evidence.

Defamation laws in NJ provide redress for a party whose reputation has been damaged by a false and defamatory statement negligently made by a speaker or writer. The action is based in common law, and in deciding defamation cases, the Courts attempt to balance a person’s right to free speech with a person’s right to his good name.  

Sources:

Senna v. Florimont, 958 A.2d 427,  (N.J. Super. 2008)

Costello v. Ocean County Observer, et al., 643 A.2d 1012, (N.J. Super 1994)

For further details visit New Jersey Family Law Attorneys, or wants an appointment contact Bergen County Divorce Lawyers here: 3 University Plaza, Suite 350 Hackensack, NJ 07601
Telephone: (201) 771-1808

Adoptee Birth Certificate Bill conditionally vetoed by Governor Christie

June 28, 2011, Trenton- Governor Christie agreed last Thursday that adoptees should be able to obtain their original birth certificates, but insisted that birth mothers be given the opportunity to preserve their anonymity. Christie conditionally vetoed a bill which would have allowed adoptees to see their original birth certificates, saying that he believed additional safeguards were needed in order to balance a birth parents right to privacy with an adopted adult’s need to know the identity of their biological parents.

 

 Christie proposed changes to the bill, which include confidentially intermediary assistance from an adoption agency for adoptees who are searching for their birth parents. The bill would release an original birth certificate only after a one-year long ‘diligent’ search. Biological parents who are found, but want no contact with the adoptee, would be asked for a complete medical history, but would not be required to provide one.

Marie Tasy, of New Jersey Right to Life, said the governor’s proposal contained the right balance of interests, providing the ability to obtain an original birth certificate when all parties consented, and allowing adoptees to obtain medical history information, while respecting the privacy of birth parents. 

Democrats, who supported the bill, expressed disappointment, saying they were unsure whether they would accept Christie’s changes and make them law. Lawmakers do not have enough votes to override Christie. The current law will remain in effect if no action is taken. Sen. Joseph Vitale (D-Middlesex), a sponsor of the bill said, "I believe the governor took a very thoughtful approach. We just disagree on what he thinks is balanced.”

 

Vitale says that Christie’s proposed changes to the bill will cause those adopted after the law’s enactment to fare the worst. Birth parents will be required to fill out a form, at the time of adoption, saying whether they want future contact with the child, and under what circumstances, but there is no requirement that they provide medical information, and no way for adoptees to obtain it, if the birth parent does not cooperate.

For further details visit New Jersey Family Law Attorneys or wants an appointment contact Bergen County Child Support Lawyers here: 3 University Plaza, Suite 350 Hackensack, NJ 07601
Telephone: (201) 771-1808