Bill Text: NJ A4638 | 2014-2015 | Regular Session | Amended

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Bill Title: Requires DCPP to implement policies and procedures to ensure caseworker safety; "Leah's Law." *

Spectrum: Partisan Bill (Democrat 22-1)

Status: (Vetoed) 2016-01-11 - Absolute Veto, Received in the Assembly [A4638 Detail]

Download: New_Jersey-2014-A4638-Amended.html

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[First Reprint]

ASSEMBLY, No. 4638

STATE OF NEW JERSEY

216th LEGISLATURE

INTRODUCED JUNE 29, 2015

 

 

Sponsored by:

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Assemblyman  TROY SINGLETON

District 7 (Burlington)

Assemblyman  JAMEL C. HOLLEY

District 20 (Union)

Assemblywoman  GABRIELA M. MOSQUERA

District 4 (Camden and Gloucester)

Assemblywoman  CLEOPATRA G. TUCKER

District 28 (Essex)

 

 

 

 

SYNOPSIS

     Requires DCPP to implement policies and procedures to ensure caseworker safety.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Human Services Committee on November 16, 2015, with amendments.

 

An Act concerning caseworker safety and supplementing Title 30 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

      ¹1.  The Division of Child Protection and Permanency in the Department of Children and Families shall implement a caseworker safety intervention plan.  The plan shall, at a minimum:

      a.  establish specific procedures to follow when a caseworker is faced with, and responding to, a situation that poses a threat to the safety and well-being of the caseworker, whether in the local office, in the field, or when making an emergency removal of a child;

      b.  specify when to request the assistance of the Human Services police officer assigned to the local office and how to initiate such requests; and

      c.  be posted in a conspicuous place in the local office and a copy of the plan shall be provided to every staff member assigned to that office.¹

 

      ¹[1.]  2.¹  a.  Notwithstanding any provision of law to the contrary, the Division of Child Protection and Permanency ¹[in the Department of Children and Families]¹ shall implement policies and procedures to ensure the safety of every caseworker employed by the division.

      The policies and procedures shall address issues of safety in the event that a caseworker receives a threat of violence from a client or is presented with a potentially dangerous situation while working in a local office, investigating a report of child abuse or neglect in the field, or making an emergency removal of a child pursuant to section 8 of P.L.1974, c.119 (C.9:6-8.28).

      b.  In order to ensure the safety of a caseworker in a local office, the division shall require that:

      (1) a Human Services police officer ¹[or State trooper]¹ is assigned to every building where a local office is located to provide security and assistance to the caseworkers assigned to the office;

      (2) each local office is equipped with a metal detector or metal detector wands to be operated by ¹[the Human Services police officer or State trooper assigned to the office] law enforcement officers¹;

      (3) a panic button be installed in every meeting room in which a caseworker meets with a client; and

      (4)  at least one meeting room or conference room in each local office is equipped with a two-way mirror located to allow for the observation of the meeting or conference room by the Human ¹[Service] Services¹ police officer ¹[or State trooper]¹ assigned to the office.

      c.  In order to ensure the safety of a caseworker while investigating a report of  child abuse or neglect in the field or making an emergency removal of a child pursuant to section 8 of P.L.1974, c.119 (C.9:6-8.28), the division shall require that:

      (1)  a caseworker assigned to a home visit is accompanied by another caseworker if:

      (a)  a client or a member of the client's family has threatened or harassed the assigned caseworker in the past;

      (b)  the client or a member of the client's family has a history of violence either documented by a criminal record or by threats of violence against the division or a division employee; or

      (c) the caseworker believes the home or the surrounding environment is unsafe;

      (2)  at the request of a caseworker or the caseworker's supervisor, the Human Services police officer ¹[or State trooper]¹ assigned to the caseworker's local office accompanies and assists the caseworker when conducting an investigation ¹[in a high crime area] or visit,¹ or ¹when¹ making an emergency removal; and

      (3)  the Human Services police officer ¹[or State trooper]¹ assigned to a local office is available to a caseworker within 30 minutes of a request to accompany and assist a caseworker pursuant to paragraph (2) of this subsection, except that in an emergency situation, the officer shall be immediately available to accompany and assist the caseworker.

      d.  Nothing in ¹[subparagraph] paragraph¹ (1) of subsection c. of this section shall be construed to prohibit the division, at the request of a caseworker or the caseworker's supervisor, from requiring that a Human Services police ¹[office or State trooper] officer¹ assigned to the caseworker's local office accompany or assist the caseworker while investigating a report of child abuse or neglect in the field or making an emergency removal of a child, if appropriate ¹[; and

      e.  The division shall require that each local office implement a caseworker safety intervention plan.  The plan shall, at a minimum:

      (1)  establish specific procedures to follow when a caseworker is faced with, and responding to, a situation that poses a threat to the safety and well-being of the caseworker, whether in the local office, in the field, or when making an emergency removal of a child;

      (2)  specify when to request the assistance of the Human Services police office or State trooper assigned to the local office and how to initiate such requests; and

      (3)  be posted in a conspicuous place in the local office and a copy of the plan shall be provided to every staff member assigned to that office]¹.

 

     ¹[2.]  3.¹  The Department of Children and Families shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.

 

      ¹[3. This]  4.  Section 1 of this¹ act shall take effect ¹immediately, and section 2 shall take effect¹ on the first day of the seventh month next following enactment ¹[,]¹ except that the commissioner may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.