Supplement to Directive #4-04

You will notice from the attached detailed instructions that in order to complete the DYFS referral, court staff will need to do a search on the Promis-Gavel system. We recognize that at the present time some municipal court staff may not have had training on this aspect of the Promis-Gavel system. If your court staff needs assistance or has questions regarding a Promis-Gavel search, please contact the Help Desk at 1-800-343-7002 during regular business hours. Our customer support staff will assist you in obtaining the required information from the Promis-Gavel system and can also at that time arrange for training.

Section 1 of the law (codified at N.J.S.A. 2C:44-6.2) is applicable only to Superior Court. It provides that when the sole caretaker of a minor child is incarcerated, the Superior Court must provide certain information to DYFS. With regard to the procedure in municipal courts in a case where a minor child’s caretaker is incarcerated, the municipal courts should continue to follow the procedures established in 1995 in Directive #8-95, “Judiciary Guidelines – Alternate Care for the Dependents of Persons Detained as Part of the Judicial Process.” If you require a copy of Directive #8-95, you should contact your Municipal Division Manager to have a copy forwarded to your office.

Please advise appropriate staff of this new law. If you have any questions concerning this law, please contact Robert Smith, Assistant Director, AOC Municipal Court Services Division, at (609) 984-8241.

R. J. W.
Attachments

CHAPTER 301
AN ACT concerning criminal defendants and supplementing Title 2A of the New Jersey Statutes and Title 9 of the Revised Statutes.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

C.2C:44-6.2 Person sentenced to incarceration, care and custody of minor child.

1. a. In any case in which a person has been convicted of a crime for which the person will be incarcerated, the court shall order, as part of the presentence investigation required pursuant to N.J.S.2C:44-6, that a determination be made as to whether the person is the sole caretaker of a minor child and, if so, who will assume responsibility for the child’s care and custody during the period the person is incarcerated.
b. If the determination is made that the person is the sole caretaker of the child, the presentence investigation shall also include:

(1) verification that the person who will be responsible for the child’s care and custody during the period of incarceration has agreed to assume responsibility for the child’s care and custody;
(2) an inquiry as to the willingness of the person to assume responsibility for the child’s care and custody during the period of incarceration; and
(3) a PROMIS/GAVEL network check, juvenile central registry check and domestic violence central registry check on the person who will be responsible for the child’s care and custody during the period of incarceration and on any adult and juvenile over 12 years of age in the person’s household.

c. The court shall provide the information compiled pursuant to subsection b. of this section, from the presentence investigation, to the Division of Youth and Family Services in the Department of Human Services.

C.9:6-8.10c Child abuse record information check on designated caretaker.

2. a. Upon receiving the presentencing investigation information from the court pursuant to section 1 of P.L.2003, c.301 (C.2C:44-6.2) concerning a sole caretaker of a child who will be incarcerated and the person who will assume care and custody of the child during the period of incarceration, the Division of Youth and Family Services in the Department of Human Services shall conduct a child abuse record information check of its child abuse records to determine if an incident of child abuse or neglect has been substantiated against the person who will be responsible for the child’s care and custody or any adult and juvenile over 12 years of age in the person’s household.
b. If, based on the information provided by the court and the check of its child abuse records, the division determines that the incarcerated person’s minor child may be at risk for abuse or neglect or the child’s emotional, physical, health care and educational needs will not be met during the period of incarceration, the division shall take appropriate action to ensure the safety of the child.

C.2C:44-6.3 Report of persons convicted of certain crimes residing with minor children.

3. a. In any case in which a person has been convicted of a crime enumerated in subsection b. of this section and:

(1) the victim of the crime was a person under the age of 18 at the time of the commission of the crime; and
(2) the person convicted of the crime resides in a household with other minor children or is a parent of a minor child, the court, based on an interview with the defendant, shall make a referral to the Division of Youth and Family Services in the Department of Human Services and provide the division with the name and address of the person convicted of the crime, information on the person’s criminal history and the name and address of each child referred to in paragraph (2) of this subsection.

b. For purposes of this section, “crime” includes any of the following:

(1) murder pursuant to N.J.S.2C:11-3 or manslaughter pursuant to N.J.S.2C:11-4;
(2) simple assault or aggravated assault pursuant to N.J.S.2C:12-1;
(3) stalking pursuant to P.L.1992, c.209 (C.2C:12-10);
(4) terrorist threats pursuant to N.J.S.2C:12-3;
(5) kidnaping and related offenses including criminal restraint; false imprisonment; interference with custody; criminal coercion; or enticing a child into a motor vehicle, structure, or isolated area pursuant to N.J.S.2C:13-1 through 2C:13-6;
(6) sexual assault, criminal sexual contact or lewdness pursuant to N.J.S.2C:14-2 through N.J.S.2C:14-4;
(7) arson pursuant to N.J.S.2C:17-1, or causing or risking widespread injury or damage which would constitute a crime of the second degree pursuant to N.J.S.2C:17-2;
(8) a crime against a child, including endangering the welfare of a child and child pornography pursuant to N.J.S.2C:24-4; or child abuse, neglect, or abandonment pursuant to R.S.9:6-3;
(9) endangering the welfare of an incompetent person pursuant to N.J.S.2C:24-7 or endangering the welfare of an elderly or disabled person pursuant to N.J.S.2C:24-8;
(10) domestic violence pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.); or
(11) an attempt or conspiracy to commit an offense listed in paragraphs (1) through (10) of this subsection.

C.9:6-8.10d Regulations.

4. The Commissioner of Human Services shall adopt rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes of sections 2 and 3 of this act.

C.2C:44-6.4 Rules of Court.

5. The Supreme Court of the State of New Jersey may adopt Rules of Court appropriate or necessary to effectuate the purposes of sections 1 and 3 of this act.
6. This act shall take effect on the 90th day after enactment.

Approved January 14, 2004.

(Place on Court’s letterhead)

MEMORANDUM TO: DYFS Office of Child Abuse Control

FROM:

SUBJECT: Referral in Accordance with N.J.S.A. 2C:44-6.3

DATE:

Defendant: ________________________

Offense: __________________________

On __________, the above-captioned defendant was convicted of an offense enumerated in N.J.S.A. 2C:44-6.3 and the victim of the offense was under the age of 18 at the time of its commission. The defendant also resides in a household with other minor children or is the parent of a minor child.
The attached “DYFS Referral” and information on the defendant’s criminal history is for DYFS review.

________________________
Court Administrator or other court staff

________________________
Municipal Court

________________________
County

________________________
Phone Number

cc: Defendant’s file

INSTRUCTIONS FOR COMPLETING DYFS REFERRAL FORM

The DYFS Referral form should be completed when a defendant is (1) convicted of one or more of the offenses listed in Section II of the DYFS Referral form, and (2) the victim of the offense was under the age of 18 at the time of the commission of the offense, and (3) the defendant resides in a household with other minor children or is the parent of a minor child.

In order to gather information on the defendant’s criminal history, the court shall request that law enforcement provide the defendant’s State Bureau of Investigation Number (SBI #). If an SBI # is not available, the court shall request that the defendant be fingerprinted in order to obtain information on the defendant’s criminal history.

The court staff shall then use the following steps to complete the DYFS Referral form. In Step 4, use one of the three options listed depending on whether the SBI # is available at the time of the referral.

Step 1: Answer all questions in Section I.
Step 2: Complete Section II by checking the appropriate box(es).
Step 3: Complete Section III (attach additional pages if necessary).
Step 4: Gather information on criminal court history using one of the following three options:

Option One: Promis/Gavel Inquiry by SBI #:

� In Section IV, insert defendant’s SBI # in the space provided and check the box “Promis-Gavel Inquiry by SBI # (attached).”

� Complete a Promis-Gavel inquiry using the Statewide SBI # Inquiry Search (see attached sample). Screen print the “Statewide Defn/Case List” (see sample). Note: please include screen print of this page even if no records are found.

� Immediately fax the referral and the Promis-Gavel “Statewide Defn/Case List” to DYFS using the procedure described in Steps 5 and 6 below.

Option Two: SBI # Not Immediately Available � Awaiting Fingerprints

� Check box “SBI # Not Immediately Available � Awaiting Fingerprints.”

� Immediately fax referral to DYFS using the procedure described in Steps 5 and 6 below, without attaching the Promis-Gavel “Statewide Defn/Case List.”

� When court staff receives the SBI # from law enforcement, complete a Promis-Gavel inquiry using the Statewide SBI # Inquiry Search (see attached sample). Screen print the “Statewide Defn/Case List” (see sample). Note: please include screen print of this page even if no records are found.

� Immediately fax the Promis-Gavel “Statewide Defn/Case List” to DYFS under separate cover.