S 4412

[First Reprint]
SENATE, No. 4412
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED JUNE 8, 2026
Sponsored by:
Senator� NICHOLAS P. SCUTARI
District 22 (Somerset and Union)
Senator� JOSEPH F. VITALE
District 19 (Middlesex)
SYNOPSIS
���� Provides for youth mental health care professionals
in family court.
CURRENT VERSION OF TEXT
���� As reported by the Senate Health, Human Services and
Senior Citizens Committee on June 11, 2026, with amendments.
��
An Act providing for youth mental health care
professionals in family court, supplementing Title 2A of the New Jersey
Statutes, and amending P.L.1982, c.79.
���� Be It
Enacted by the Senate and General Assembly of
the State of New Jersey:
����� 1.�
(New section) a. As used in P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill):
����� �Youth�
means an individual under 1[21] 181 years of age.
����� �Youth
mental health care professional� means a social worker, psychologist, or
psychiatrist licensed or certified pursuant to Title 45 of the Revised Statutes
with experience in youth development, youth mental health conditions, trauma
and the impact of trauma, trauma-informed practices, and evidence-based mental
health services.
����� b.�� The
Superior Court, Chancery Division, Family Part in each vicinage shall provide
for a youth mental health care professional.� At the discretion of the
Administrative Director of the Administrative Office of the Courts, a youth
mental health care professional may serve more than one vicinage so long as the
youth mental health care professional maintains a reasonable caseload.
����� c.
The youth mental health care professional shall support and advise the court 1upon the request of a judge, and where the judge
determines that the youth may benefit from mental health services,1 in 1[every] an1 action or proceeding submitted to or heard by the Superior Court,
Chancery Division, Family Part, where a youth is a party to the action or
proceeding or a subject of the action or proceeding.� The youth mental health
care professional shall assist 1and collaborate with other mental health
practitioners and service providers as necessary to assist1 the court with identifying youth with mental health
needs, recognizing when specific mental health interventions are indicated,
providing referrals for evidence-based mental health services when appropriate,
and connecting youth and caregivers to appropriate supports in a timely manner.
����� d.
Notwithstanding 1[section 1 of P.L.1991, c.119 (C.2B:5-1)] N.J.S.2B:5-11, a youth mental health care professional hired
pursuant to P.L.��� , c.��� (C.������� ) (pending before the Legislature as
this bill) shall be a State employee and shall be in the unclassified service.
����� e.�� The
youth mental health care professional shall have access to all information and
records relevant to the youth, including 1,1 but not limited to:� school records 1[,]
;1 child care records 1[,]
;1 medical and mental health records in the possession of the court 1[,]
;1 family court and juvenile court records 1[,]
;1 and records of the Division of Child Protection and Permanency in the
Department of Children and Families.
����� f.��� Except
in cases of willful or wanton misconduct, a youth mental health care
professional acting in good faith within the scope of the youth mental health
care professional�s appointment or employment shall have immunity from any
civil or criminal liability that otherwise might result by reason of 1the1 youth mental health care professional�s actions or
failure to act.
���� 2. �Section 1 of P.L.1982,
c.79 (C.2A:4A-60) is amended to read as follows:
���� 1.��� Disclosure of juvenile
information; penalties for disclosure.
���� a.���� Social, medical,
psychological, legal and other records of the court and probation division, and
records of law enforcement agencies, pertaining to juveniles charged as a
delinquent or found to be part of a juvenile-family crisis, shall be strictly
safeguarded from public inspection.� Such records shall be made available only
to:
���� (1)�� Any court or probation
division;
���� (2)�� The Attorney General or
county prosecutor;
���� (3)�� The parents or guardian
and to the attorney of the juvenile;
���� (4)�� The Department of Human
Services or Department of Children and Families, if providing care or custody
of the juvenile;
���� (5)�� Any institution or
facility to which the juvenile is currently committed or in which the juvenile
is placed;
���� (6)�� Any person or agency
interested in a case or in the work of the agency keeping the records, by order
of the court for good cause shown, except that information concerning
adjudications of delinquency, records of custodial confinement, payments owed
on assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1)
or restitution ordered following conviction of a crime or adjudication of
delinquency, and the juvenile's financial resources, shall be made available
upon request to the Victims of Crime Compensation Agency established pursuant
to section 2 of P.L.2007, c.95 (C.52:4B-3.2), which shall keep such information
and records confidential;
���� (7)�� The Youth Justice
Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170);
���� (8)�� Law enforcement agencies
for the purpose of reviewing applications for a permit to purchase a handgun or
firearms purchaser identification card;
���� (9)�� Any potential party in a
subsequent civil action for damages related to an act of delinquency committed
by a juvenile, including the victim or a member of the victim's immediate
family, regardless of whether the action has been filed against the juvenile;
provided, however, that records available under this paragraph shall be limited
to official court documents, such as complaints, pleadings and orders, and that
such records may be disclosed by the recipient only in connection with
asserting legal claims or obtaining indemnification on behalf of the victim or
the victim's family and otherwise shall be safeguarded from disclosure to other
members of the public.� Any potential party in a civil action related to the
juvenile offense may file a motion with the civil trial judge seeking to have
the juvenile's social, medical or psychological records admitted into evidence
in a civil proceeding for damages;
���� (10)� Any potential party in a
subsequent civil action for damages related to an act of delinquency committed
by a juvenile, including the victim or a member of the victim's immediate
family, regardless of whether the action has been filed against the juvenile;
provided, however, that records available under this paragraph shall be limited
to police or investigation reports concerning acts of delinquency, which shall
be disclosed by a law enforcement agency only with the approval of the County
Prosecutor's Office or the Division of Criminal Justice.� Prior to disclosure,
all personal information regarding all individuals, other than the requesting
party and the arresting or investigating officer, shall be redacted.� Such
records may be disclosed by the recipient only in connection with asserting
legal claims or obtaining indemnification on behalf of the victim or the
victim's family, and otherwise shall be safeguarded from disclosure to other
members of the public;
���� (11)� The Office of the Child
Advocate established pursuant to P.L.2005, c.155 (C.52:27EE-1 et al.).�
Disclosure of juvenile information received by the child advocate pursuant to
this paragraph shall be in accordance with the provisions of section 76 of
P.L.2005, c.155 (C.52:27EE-76);
���� (12)� Law enforcement agencies
with respect to information available on the juvenile central registry
maintained by the courts pursuant to subsection g. of this section, including,
but not limited to: records of official court documents, such as complaints,
pleadings and orders for the purpose of obtaining juvenile arrest information;
juvenile disposition information; juvenile pretrial information; and
information concerning the probation status of a juvenile; [and]
���� (13)� A Court Appointed
Special Advocate as defined in section 1 of P.L.2009, c.217 (C.2A:4A-92);
and
���� (14) A youth mental health
care professional appointed pursuant to section 1 of P.L.��� , c.��� (C.�������
) (pending before the Legislature as this bill).
���� b.��� Records of law
enforcement agencies may be disclosed for law enforcement purposes, or for the
purpose of reviewing applications for a permit to purchase a handgun or a
firearms purchaser identification card to any law enforcement agency of this
State, another state or the United States, and the identity of a juvenile under
warrant for arrest for commission of an act that would constitute a crime if
committed by an adult may be disclosed to the public when necessary to
execution of the warrant.
���� c.���� At the time of charge,
adjudication or disposition, information as to the identity of a juvenile
charged with an offense, the offense charged, the adjudication and disposition
shall, upon request, be disclosed to:
���� (1)�� The victim or a member
of the victim's immediate family;
���� (2)�� (Deleted by amendment,
P.L.2005, c.165).
���� (3)�� On a confidential basis,
the principal of the school where the juvenile is enrolled for use by the
principal and such members of the staff and faculty of the school as the
principal deems appropriate for maintaining order, safety or discipline in the
school or to planning programs relevant to the juvenile's educational and
social development, provided that no record of such information shall be
maintained except as authorized by regulation of the Department of Education;
or
���� (4)�� A party in a subsequent
legal proceeding involving the juvenile, upon approval by the court.
���� d.��� A law enforcement or
prosecuting agency shall, at the time of a charge, adjudication or disposition,
send written notice to the principal of the school where the juvenile is
enrolled of the identity of the juvenile charged, the offense charged, the
adjudication and the disposition if:
���� (1)�� The offense occurred on
school property or a school bus, occurred at a school-sponsored function or was
committed against an employee or official of the school; or
���� (2)�� The juvenile was taken
into custody as a result of information or evidence provided by school
officials; or
���� (3)�� The offense, if
committed by an adult, would constitute a crime, and the offense:
���� (a)�� resulted in death or
serious bodily injury or involved an attempt or conspiracy to cause death or
serious bodily injury; or
���� (b)�� involved the unlawful
use or possession of a firearm or other weapon; or
���� (c)�� involved the unlawful
manufacture, distribution or possession with intent to distribute a controlled
dangerous substance or controlled substance analog; or
���� (d)�� was committed by a
juvenile who acted with a purpose to intimidate an individual or group of
individuals because of race, color, religion, sexual orientation or ethnicity;
or
���� (e)�� would be a crime of the
first, second, or third degree.
���� Information provided to the
principal pursuant to this subsection shall be maintained by the school and
shall be treated as confidential but may be made available to such members of
the staff and faculty of the school as the principal deems appropriate for
maintaining order, safety or discipline in the school or for planning programs
relevant to a juvenile's educational and social development.
���� e.���� Nothing in this section
prohibits a law enforcement or prosecuting agency from providing the principal
of a school with information identifying one or more juveniles who are under
investigation or have been taken into custody for commission of any act that
would constitute an offense if committed by an adult when the law enforcement
or prosecuting agency determines that the information may be useful to the
principal in maintaining order, safety or discipline in the school or in
planning programs relevant to the juvenile's educational and social
development.� Information provided to the principal pursuant to this subsection
shall be treated as confidential but may be made available to such members of
the staff and faculty of the school as the principal deems appropriate for
maintaining order, safety or discipline in the school or for planning programs
relevant to the juvenile's educational and social development.� No information
provided pursuant to this section shall be maintained.
���� f.���� Information as to the
identity of a juvenile adjudicated delinquent, the offense, the adjudication
and the disposition shall be disclosed to the public where the offense for
which the juvenile has been adjudicated delinquent if committed by an adult,
would constitute a crime of the first, second or third degree, or aggravated
assault, destruction or damage to property to an extent of more than $500.00,
unless upon application at the time of disposition the juvenile demonstrates a
substantial likelihood that specific and extraordinary harm would result from
such disclosure in the specific case.� Where the court finds that disclosure
would be harmful to the juvenile, the reasons therefor shall be stated on the
record.
���� g. (1) Nothing in this section
shall prohibit the establishment and maintaining of a central registry of the
records of law enforcement agencies relating to juveniles for the purpose of
exchange between State and local law enforcement agencies and prosecutors of
this State, another state, or the United States.� These records of law
enforcement agencies shall be available on a 24-hour basis.
���� (2)�� Certain information and
records relating to juveniles in the central registry maintained by the courts,
as prescribed in paragraph (12) of subsection a. of this section, shall be
available to State and local law enforcement agencies and prosecutors on a 24-hour
basis.
���� h.��� Whoever, except as
provided by law, knowingly discloses, publishes, receives, or makes use of or
knowingly permits the unauthorized use of information concerning a particular
juvenile derived from records listed in subsection a. or acquired in the course
of court proceedings, probation, or police duties, shall, upon conviction
thereof, be guilty of a disorderly persons offense.
���� i.���� Juvenile delinquency
proceedings.
���� (1)�� Except as provided in
paragraph (2) of this subsection, the court may, upon application by the
juvenile or his parent or guardian, the prosecutor or any other interested
party, including the victim or complainant or members of the news media, permit
public attendance during any court proceeding at a delinquency case, where it
determines that a substantial likelihood that specific harm to the juvenile
would not result.� The court shall have the authority to limit and control
attendance in any manner and to the extent it deems appropriate;
���� (2)�� The court or, in cases
where the county prosecutor has entered an appearance, the county prosecutor
shall notify the victim or a member of the victim's immediate family of any
court proceeding involving the juvenile and the court shall permit the attendance
of the victim or family member at the proceeding except when, prior to
completing testimony as a witness, the victim or family member is properly
sequestered in accordance with the law or the Rules Governing the Courts of the
State of New Jersey or when the juvenile or the juvenile's family member shows,
by clear and convincing evidence, that such attendance would result in a
substantial likelihood that specific harm to the juvenile would result from the
attendance of the victim or a family member at a proceeding or any portion of a
proceeding and that such harm substantially outweighs the interest of the
victim or family member to attend that portion of the proceeding;
���� (3)�� The court shall permit a
victim, or a family member of a victim to make a statement prior to ordering a
disposition in any delinquency proceeding involving an offense that would
constitute a crime if committed by an adult.
���� j.���� The Department of
Education, in consultation with the Attorney General, shall adopt, pursuant to
the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et
seq.), rules and regulations concerning the creation, maintenance and
disclosure of pupil records including information acquired pursuant to this
section.
(cf: P.L.2025, c.35, s.13)
���� 3. �This act shall take effect
on the first day of the thirteenth month following enactment, except that the
Administrative Director of the Administrative Office of the Courts may take
such anticipatory administrative action in advance as shall be necessary for
the implementation of this act.