Bill Text: NJ A2289 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires affidavits for civil actions concerning certain mental health professionals. *
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2012-05-31 - Received in the Senate, Referred to Senate Judiciary Committee [A2289 Detail]
Download: New_Jersey-2012-A2289-Introduced.html
Sponsored by:
Assemblyman PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Assemblyman SEAN CONNORS
District 33 (Hudson)
SYNOPSIS
Limits actions against court-appointed psychologists, psychiatrists, social workers, or other licensed mental health professionals in certain Family Court matters.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain proceedings in family court and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding the provisions of any other law, a licensed psychologist, psychiatrist, social worker, or other licensed mental health professional who has been appointed by the Superior Court, Chancery Division, Family Part as a child custody evaluator, therapist, mediator, parent coordinator, parent educator, case manager, or similar position shall be presumed to be acting in good faith, consistent with accepted ethical standards of the profession, and shall be presumed to have reasonably complied with: (1) the regulations and requirements of the applicable professional licensing boards, and (2) all other applicable statutes and regulations.
b. (1) No party in a proceeding in the Family Part that involves a child custody evaluation, therapy, mediation, parent education, or case management in which a psychologist, psychiatrist, social worker, or other licensed mental health professional has been appointed pursuant to subsection a. of this section may bring an action or complaint against the psychologist, psychiatrist, social worker, or other licensed mental health professional in any court in this State or any professional licensing board unless the party first obtains the approval of that court pursuant to paragraph (2) of this subsection.
(2) Approval shall be granted only if the party overcomes the presumptions set forth in section a. of this act. The presumptions may be overcome if the party shows by clear and convincing evidence that the psychologist, psychiatrist, social worker, or other licensed mental health professional engaged in intentional misconduct or acted in a reckless or grossly negligent manner in violation of: (a) accepted standards of mental health care, (b) accepted ethical standards of the profession, (c) a regulation or requirement of the applicable professional licensing board, or (d) any other applicable statute or regulation.
(3) In any civil action or administrative proceeding, the psychologist, psychiatrist, social worker, or other licensed mental health professional shall not be held liable for any act or omission committed within the scope of his court-ordered appointment unless the appointing judge finds by clear and convincing evidence that he has acted in a reckless or grossly negligent manner or engaged in intentional misconduct, and such reckless or grossly negligent conduct or intentional misconduct was the proximate cause of the injury or damage alleged.
2. This act shall take effect immediately and shall be applicable to all matters filed with the court or filed with a licensing board on or after the effective date.
STATEMENT
This bill would limit actions against court-appointed psychologists, psychiatrists, social workers, or other licensed mental health professionals by parties in family court.
Under the bill, a licensed psychologist, psychiatrist, social worker, or other licensed mental health professional who has been appointed by the Superior Court, Chancery Division, Family Part as a child custody evaluator, therapist, mediator, parent coordinator, parent educator, case manager, or any similar position would be presumed to be acting in good faith, consistent with accepted ethical standards of the profession, and be presumed to have reasonably complied with: (1) the regulations and requirements of the applicable professional licensing boards, and (2) all other applicable statutes and regulations. The bill requires a party in a family court proceeding that involves a child custody evaluation, therapy, mediation, parent education, or case management in which a psychologist, psychiatrist, social worker, or other licensed mental health professional has been appointed to first obtain the approval of the court before bringing an action or complaint against that person in any court or any professional licensing board.
Approval would be granted only if the party overcomes the presumptions provided by the bill. The presumptions may be overcome if the party shows by clear and convincing evidence that the psychologist, psychiatrist, social worker, or other licensed mental health professional engaged in intentional misconduct or acted in a reckless or grossly negligent manner in violation of: (a) accepted standards of mental health care, (b) accepted ethical standards of the profession, (c) a regulation or requirement of the applicable professional licensing board, or (d) any other applicable statute or regulation.
Under the bill, in any civil action or administrative proceeding the psychologist, psychiatrist, social worker, or other licensed mental health professional would not be held liable for any act or omission committed within the scope of his court-ordered appointment unless the appointing judge finds by clear and convincing evidence that he or she has acted in a reckless or grossly negligent manner or engaged in intentional misconduct, and such reckless or grossly negligent conduct or intentional misconduct was the proximate cause of the injury or damage alleged.
