New Jersey Family Law Blog

The statistics are alarming: in one year, close to 1.5 million high school students in this country suffer physical abuse at the hands of the person they are dating. (1) This issue is not unique to any specific social, economic or racial group and the most serious cases end up in the headlines. Now New Jersey is considering steps to help stop this growing social problem.

This week a State Assembly panel approved a bill, introduced by the Education Committee, which would require schools to include lessons on dating violence in their health curriculum. The lessons would be geared toward middle and high school students in grades 7 through 12. In addition, teachers and other staff members would be trained to recognize the signs and handle incidents of dating violence that may occur at school. (1)

Planned Parenthood of Central New Jersey released the following statistics, supporting the need for education about this social issue:

• One out of every three dating teenage girls in this country is the victim of abuse -- physical, verbal or emotional;

• 59% of dating students have suffered physical violence;

• 96% of dating students have been emotionally or psychologically abused;

• 57% of high school students know of someone in an abusive relationship. (2)

Many teens involved in abusive relationships turn to friends for advice and help before confiding in an adult. The proposed bill would help teens to identify violent relationships by providing them with a definition of a healty relationship and examples of what healthy relationships might look like. Teens would also be taught to recognize the warning signs of an abusive relationship.

Other states in the country are considering comparable laws and six have already passed similar legislation. One of those states is Rhode Island, home state of Lindsey Ann Burke, a 23-year-old victim of dating abuse who had been murdered by an ex-boyfriend. Unfortunately, stories like Burke’s are not rare. In fact, 30% of 15- to 19-year-olds who are murdered every year are killed by husbands, boyfriends or former boyfriends. (3)

The New Jersey legislation is pending a vote by the full Assembly. An identical bill has been introduced in the State Senate. (1)

(1) http://www.mycentraljersey.com/fdcp/?1285634669677
(2) http://www.plannedparenthood.org/about-us/newsroom/local-press-releases/ppcnjs-dating-violence-prevention-programs-helping-teens-recognize-unhealthy-relationships-31609.htm
(3) http://www.njassemblyrepublicans.com/press_release.php?id=1601

While the debate continues as to whether or not President Obama’s Health Care Reform Plan is beneficial for the country long term, several provisions of that plan took effect this week and are now enforceable by law.

Two of these changes, effective September 23, pertain specifically to children. No longer can children be denied coverage by an insurance company because of pre-existing health conditions and health coverage for children may continue under their parents’ insurance policies until they reach 26 years of age. (1)

Other changes forbid insurance companies from:

• placing a cap on benefits a person can receive over a lifetime;
• ending coverage for any reason other than the customer committing fraud;
• charging for such preventive services as colonoscopies and mammograms.

The final change that took effect requires mandatory coverage for high-risk pools of people who, in the past, were denied coverage due to pre-existing medical conditions. (1)

How do these changes affect New Jersey residents specifically? Healthcare reform reports from The White House provide a breakdown, which includes the following:

• 5,292,000 New Jersey residents with private insurance will no longer have to worry about their coverage being rescinded or limits being imposed on the amount of benefits or treatment they may receive; (2)

• about 27,800 young adults can continue to be covered under their parents’ policies until the age of 26; (2)

• 1,280,000 Medicare beneficiaries will be eligible for certain benefits, such as free preventive services; (3)

• 109,000 residents could receive rebates as a result of closing the gap in prescription drug coverage under Medicare; and (3)

• 144,000 small businesses could receive tax credits this year. (3)

While the Administration claims the new laws are already “making a difference in the lives of millions of Americans,” opponents are afraid that increasing premiums, greater government involvement and growing debt will have an adverse affect on the country. (1) Time will tell.

(1) http://www.aolnews.com/surge-desk-elections/article/ready-or-not-6-healthcare-changes-that-go-into-effect-on-thursd/19644446

(2) http://www.whitehouse.gov/healthreform

(3) http://www.whitehouse.gov/healthreform/map#healthcare-menu

On Saturday, September 25 New Jersey residents can safely dispose of their expired or unneeded medications through the federal Drug Enforcement Administration’s (DEA) "Operation Take Back New Jersey." (1)

The program was introduced last year in an effort to provide New Jersey residents with a safe and legal way to dispose of medication no longer needed, keeping it out of the hands of New Jersey youth. Teenage abuse of prescription drugs has become a growing concern, both in the State and throughout the country. Statistics bear this out:

• 20% of U.S. citizens 12 and older have abused prescription drugs, according to a report by the National Institute on Drug Abuse;

• 7 out of 10 drugs abused were prescription or over-the-counter medications, according to a 2007 survey of 12th graders (2)

Teens swap prescription drugs and combine painkillers with marijuana and/or alcohol. Often the source for their drugs is their own medicine cabinets. (3) In an effort to reduce this, the DEA and the New Jersey Attorney General’s Office came up with "Operation Take Back New Jersey." This effort also keeps these medications from being disposed of in the trash or down the drain, where they can end up in landfills or drinking water supplies.

Last year, 9,000 pounds of anti-depressants, painkillers and other medications with an estimated street value of $35 million were collected statewide through this effort. (1)

Hunterdon County New Jersey residents can drop off their unwanted medications between 10 a.m. and 2 p.m. at police headquarters in Clinton, Clinton Township, Flemington, Frenchtown, Holland Township and Readington Township, as well as at the High Bridge Reformed Church in High Bridge. To find other locations throughout the State, visit www.operationtakebacknj.com.

(1) http://www.nj.com/hunterdon-county-democrat/index.ssf/2010/09/safely_dispose_of_unwanted_med.html

(2) http://www.drugfreenj.org/nj_launches_omc/

(3) http://hometestingblog.testcountry.com/?tag=new-jersey

This month, New Jersey’s Safe Haven Infant Protection Act celebrates its 10th anniversary. To date, statistics show that at least 47 babies, including one in Hunterdon County, have been surrendered safely under the provisions of this Act. (1)

This law was enacted to help prevent instances like that which occurred in Edison, NJ, this past winter. During a cold February snowstorm, a newborn infant boy was abandoned, wrapped only in a towel, on the hood of a car parked outside of a senior care facility. (2) He was just one of 32 infants abandoned illegally during the ten years that the State’s Safe Haven Law has been in existence. (1)

Fortunately, the Edison baby was discovered and brought to JFK Medical Center, where he was examined and found to be in good condition. Weather conditions on that day, however, could have caused a much different and tragic outcome. Officials estimated that a child left in those conditions probably would not have survived such exposure for more than one hour. (2)

It isn’t only the children that the Law protects. Parents who illegally abandon their babies could face charges of child endangerment, abandonment and worse, depending on the outcome.

New Jersey’s Safe Haven Law protects both child and parent by allowing parents, or someone designated by the parent, to safely surrender unwanted infants up to 30 days old at local police stations or hospitals without prosecution. The Law guarantees anonymity for the person surrendering the infant, except when child neglect or abuse is evident. Otherwise, no questions are asked. Information voluntarily offered by the surrendering parent though, particularly medical information, will be recorded for use in future adoption proceedings. Surrendering parents are also offered information on medical and social services available to them. (1)

Infants surrendered under the Safe Haven Law are turned over to New Jersey’s Division of Youth and Family Services (DYFS) and placed with pre-adoptive or foster families. Parents have 21 days to reclaim their child should they have a change of heart. After that time, it is assumed that, by voluntarily abandoning the child, the parents have relinquished their parental rights. This satisfies the federal requirement for termination of parental rights proceedings before adoptions can take place. (3)

(1) http://www.nj.com/hunterdon-county-democrat.index.ssf/2010/09/safe_haven_law_saves_47_new_je.html

(2) http://www.mycentraljersey.com/fdcp/?1283561893261

(3) http://www.ncsl.org/IssuesResearch/HumanServices/NCSLnetStateLegislativeReportSafeHavensfor/tabid/16422/Default.aspx