Requires certain psychiatric facilities to contact Division of Child Protection and Permanency if minor is to be discharged and parent or guardian is unable or unwilling to remove minor from facility.
Impact
The enactment of A2713 is expected to modify existing statutory procedures related to the civil commitment of minors, as outlined by P.L.1987, c.116. The bill alters the responsibilities of psychiatric facilities in managing discharges for minors, introducing a requirement for state intervention in circumstances where a guardian is not present to assume care. This change reflects a commitment to enhancing child welfare and ensuring that vulnerable youths are not left unattended following their discharge from care, thereby addressing gaps in current child protection protocols.
Summary
Bill A2713 proposes important amendments concerning the treatment and discharge protocols of minors in psychiatric facilities within New Jersey. It specifically addresses scenarios where a minor, eligible for discharge from a psychiatric facility, is unable to leave due to the unwillingness or inability of their parent or guardian to remove them. In such cases, the bill mandates the psychiatric facility, special psychiatric hospital, or children's crisis intervention service to notify the Division of Child Protection and Permanency to ensure the child's safety. This aims to create a protective mechanism for minors and ensure they transition smoothly from institutional care back to family or community settings.
Contention
Potential points of contention may arise around the interpretation of 'unwilling or unable' as it pertains to guardians’ responsibilities. Critics may argue about the varying circumstances in which a guardian may legitimately not be able to facilitate a discharge, raising concerns about overreach by child protective services. Additionally, there may be discussions regarding the adequacy of resources within the Division of Child Protection and Permanency to deal with the increased notifications stemming from this legislation and whether it might inadvertently lead to unnecessary state involvement in family matters.
Requires parents and guardians be provided access to medical records of minor patients; provides immunity to health care facilities and professionals that provide access to records.