Office of Legislative Services
State House Annex
P.O. Box 068
Trenton, New Jersey 08625
Legislative Budget and Finance Office
Phone (609) 847-3105
Fax (609) 777-2442
www.njleg.state.nj.us
LEGISLATIVE FISCAL ESTIMATE
ASSEMBLY COMMITTEE SUBSTITUTE FOR
ASSEMBLY, Nos. 2998 and 567
STATE OF NEW JERSEY
221st LEGISLATURE
DATED: MARCH 28, 2025
SUMMARY
Synopsis: Permits court to order counseling for children in households with
domestic violence in appropriate cases; establishes presumption of
award of custody to domestic violence victim in appropriate cases.
Type of Impact: Annual increase in State expenditures and revenue.
Agencies Affected: Department of Law and Public Safety; Department of Human
Services; Department of Children and Families.
Office of Legislative Services Estimate
Annual Fiscal Impact
State Expenditure Increase Indeterminate
State Revenue Increase Indeterminate
The Office of Legislative Services (OLS) finds that this bill will lead to an indeterminate
increase in annual State expenditures for the Victims of Crime Compensation Office (VCCO)
if the defendant cannot pay the costs of counseling as ordered by the court. As a payer of last
resort, the VCCO would incur these costs in situations where the minor child is uninsured or
underinsured for behavioral health services or the defendant, as ordered by the court, cannot
make payment otherwise.
In events where a minor child, who is covered under Medicaid or the Children’s Health
Insurance Program, is ordered to undergo this counseling, the NJ FamilyCare program would
incur the costs of the minor’s counseling rather than the VCCO if the parent could not pay as
ordered by the court. This would increase State expenditures on associated NJ FamilyCare
services within the Department of Human Services and the Department of Children and
Families, which would be partially offset by an indeterminate amount of revenue from federal
reimbursements.
The VCCO will also have an increased administrative workload under the bill to respond to
and process additional claims due to an increased number of individuals receiving counseling
services. Depending on its resource allocation policies, however, the added workload may or
may not augment its administrative expenditures. FE to ACS for A2998
2
BILL DESCRIPTION
This bill permits the court to order counseling for a child in a proceeding involving domestic
violence. The bill also permits the court to order legal and physical custody of a minor child to
the plaintiff in certain circumstances involving domestic violence.
The bill permits a court to order counseling in appropriate cases, including when a child
witnesses or experiences domestic violence while residing in the household with the abuser and
the victim. Current law only provides that once a domestic violence complaint is filed, the victim
and the abuser should be advised of any programs or services available for advice and counseling.
Additionally, the bill permits the court to order the abusive party to pay for the domestic violence
counseling provided to the child. A defendant ordered to pay for domestic violence counseling is
required to show proof of payment of the services to the court. The bill permits the court to order
a defendant to provide reimbursement for costs incurred in providing counseling for a child. The
court may enter this order upon evaluating and determining the defendant’s ability to pay for such
services. The defendant may be required to pay the victim directly, reimburse the VCCO for
compensation paid to the victim, or reimburse any party that may have compensated the victim.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS finds that this bill will lead to an indeterminate State expenditure increase for the
Victims of Crime Compensation Office if the defendant cannot pay the costs of counseling as
ordered by the court.
According to the 2020 New Jersey Domestic Violence Report, the most recent report available,
there were 63,058 domestic violence offenses reported by the police, including 14,930 incidents
(24 percent) where children were actively involved or present. The OLS is unable to predict how
many of these children, assuming the figures are still relevant, will be ordered by the court to
undergo counseling in a given year, as counseling of minor children is only one of many types of
relief the court may order. Additionally, the OLS cannot estimate the number of defendants the
court will determine that can pay, or reimburse the State, for counseling services.
The OLS concludes that all children, however, that were witnesses of domestic violence would
be permitted to gain access to counseling services, not just those whose parents could reimburse
for the services. With that in mind, the OLS also cannot determine the number of such counseling
sessions that will be ordered, the type of counselor that would be utilized, or the percentage of
such children likely to have behavioral health coverage through NJ FamilyCare or other insurance
to arrive at a cost estimate. As shown in the table below, the maximum reimbursement provided
by the office for counseling services depends upon the type of service provider delivering the
counseling.
Currently, counseling services for victims is a benefit that may be compensated by the VCCO.
The VCCO’s Victim Counseling Service provides referral services for counseling and therapy to
victims of violent crime. The office’s website provides that the “psychological needs of immediate
family members of crime victims may also be met.” The VCCO will currently pay out-of-pocket FE to ACS for A2998
3
unreimbursed counseling and therapy expenses for each of the listed categories of providers not to
exceed the following statutory amounts:
Medical And Counseling Service Provider Maximum Reimbursable Amount by the
Victims of Crime Compensation Office
Psychiatrist $150 per hourly session
Unlicensed mental health practitioner (Psy.D.,
Ph.D., Ed.D.)
$110 per hourly session
State-licensed psychologist $110 per hourly session
A.C.S.W. $90 per hourly session
Licensed marriage and family therapist $90 per hourly session
M.S.W. $80 per hourly session
M.A. (jurisdictions other than New Jersey or in New Jersey practicing in
compliance with N.J.S.A.45:14B-6)
$80 per hourly session
Group counseling sessions $50 per eligible claimant per session
As mentioned, the VCCO is a payer of last resort. As a payer of last resort, the VCCO would
incur these costs in situations where the minor child is uninsured or underinsured for behavioral
health services. In events where a minor child covered under Medicaid or the Children’s Health
Insurance Program is ordered to undergo counseling per the provisions of the bill, the NJ
FamilyCare program would incur the costs of the minor’s counseling either directly (with the State
reimbursing providers on a fee-for-service basis) or indirectly (with the additional counseling costs
factored into NJ FamilyCare’s managed care capitation rates). The resulting increase in State
expenditures on associated NJ FamilyCare behavioral health services within the Department of
Human Services and the Department of Children and Families would be partially offset by an
indeterminate amount of revenue from federal Medicaid and Children’s Health Insurance Program
reimbursements.
The VCCO will also have an increased administrative workload under the bill to respond to
and process additional claims due to an increased number of individuals receiving counseling
services. Depending on its resource allocation policies, however, the added workload may or may
not augment its administrative expenditures.
Section: Law and Public Safety
Analyst: Kristin Brunner Santos
Lead Fiscal Analyst
Approved: Thomas Koenig
Legislative Budget and Finance Officer
This legislative fiscal estimate has been produced by the Office of Legislative Services due to the
failure of the Executive Branch to respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).