New Jersey Assembly Bill A1105

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

"Addi's Law"; makes parent's conviction for murder of child's other parent grounds for termination of parental rights.

Impact

If enacted, A1105 would significantly influence existing child protection statutes by closing a gap in the legal framework that previously did not consider acts of violence against a child's other parent as a factor for terminating parental rights. Currently, the law mandates action only against parents who have harmed their own children or have committed serious offenses against other children. This bill amends this stance, thus reinforcing the principle that a child's safety is paramount and that parental rights can be revoked when the parent poses a demonstrated threat due to their violent actions.

Summary

Assembly Bill A1105, designated 'Addi's Law,' aims to amend New Jersey's existing laws regarding the termination of parental rights. The bill specifically targets parents convicted of murdering the other parent of their child, making such a conviction grounds for the termination of their parental rights. This legislative proposal seeks to ensure that children are protected from parents who have committed serious crimes against their co-parents, thereby prioritizing the welfare and safety of the child. Under the provisions of the bill, the Division of Child Protection and Permanency (DCPP) is required to file a petition for termination of rights if a parent is found guilty of murder, aggravated manslaughter, or manslaughter of the child's other parent.

Contention

Throughout discussions surrounding A1105, notable points of contention emerged regarding the implications for parents who might commit such acts in self-defense or as a result of being victims of domestic violence themselves. The bill allows DCPP to consider domestic violence circumstances at the time of the offenses, indicating a need for a careful examination of each case. Advocates for domestic violence victims voiced concerns over potential misinterpretations of the law that could result in unjust terminations of parental rights, arguing that the nuances of domestic violence must be adequately addressed in the legislative framework.