A.
Under New Jersey law (N.J.S.A. 9:6-8.21), an abused or neglected child is anyone "under the age of 18 who is caused harm by a parent, guardian or other person having custody or control of that minor." A child who is under the age of 18 is considered to be abused or neglected when a parent, caregiver, another child or another adult does one of more of the following:
(1)
Inflicts or allows to be inflicted physical injury by other than accidental means that creates substantial harm or risk of substantial harm; and/or
(2)
Fails to provide proper supervision or adequate food, clothing, shelter, education or medical care although financially able or assisted to do so; and/or
(3)
Commits or allows to be committed an act of sexual abuse against a child.
B.
Child abuse can have long-term effects on victims. A lack of trust and difficulty with healthy relationships is common, as is a core feeling of worthlessness and low self-esteem. There may even be long-term trouble with regulating emotions that can lead to destructive behaviors.
C.
There are typically four common types of abuse:
(1)
The failure to meet a child's basic needs, physically or emotionally, which is called neglect.
(2)
The intentional use of physical force that results in injury, which is called physical abuse.
(3)
The practice of any behaviors that harm a child's feelings of self-worth or emotional well-being, which is emotional abuse.
(4)
Engaging in sexual acts with a child including pornography, which is sexual abuse.
D.
Unfortunately, statistics reflect that abuse is all too common in any form.
(1)
In New Jersey, abuse reports involving 80,000 children are filed each year. 50,000 of those children receive prevention and post-response services.
(2)
75% of the cases involve neglect, 18% of the cases involve physical abuse, and psychological abuse accounts for 7% of the cases.
(3)
55% of the perpetrators are female, while males account for 45%.
(4)
Sadly, child abuse is a vicious cycle, in that 30% of abused children will later abuse their own children.
E.
The statistics and characteristics pertaining to sexual abuse are sobering and equally as disheartening:
(1)
"Peer-to-Peer" abuse is by far the most common, where one or more children or adolescent(s) sexually abuses or inappropriately touches another. Legally, the abuser must be at least four years older to trigger the statute. The American Psychological Association reports this type of abuse is driven by power and dominance, the same factors that drive bullying within this age group. In fact, bullying can be a precursor to sexual abuse, especially when there is a lack of supervision.
(2)
In contrast, "adult-to-child" abuse is typically thought out and planned in advance, demanding access and privacy and control. These three factors demand a specific type of relationship and setting, meaning that 90% of juvenile sexual abuse victims know their abuser. The scope of the problem is massive: by the age of 18, one in four girls and one in six boys have experienced sexual abuse. From those figures, 88% of those molestations are attributed to individuals with pedophilia. Pedophilia is a psychotic disorder in which an adult or adolescent demonstrates a primary sexual attraction to prepubescent children. It is important, however, not to confuse pedophilia with actual child molestation, as many pedophiles never act on their attractions.
(3)
Child sexual abusers are not always easy to spot. Though seven out of every eight molesters are male, they match the general population in ethnicity, religion, education, and marital status. So there is no stereotype, especially since abusers go to great lengths to blend in. However, only 10% of them abuse children that they don't know, and 68% look no further than their own families for victims.
(4)
40% of abusers first begin molesting children before they themselves reach the age of 15, and the vast majority before the age of 20.
(5)
Adolescent abusers generally begin their acts of abuse on younger siblings.
(6)
Most sexual abuse occurs within the family. However, molesters can gain access to children outside of their own families through employment or volunteer work with an organization that works primarily with children. This allows them both time alone with potential victims and the ability to build trust and credibility. In fact, child abusers are often known and respected in their communities for dedication to children.
(7)
In terms of a victim profile, it is important to remember that, although there are characteristics that make some children more vulnerable, every child is in danger. Passive, lonely or troubled children, especially those who live with stepparents or single parents may be targeted. Children between the ages of seven and 13 years old are most at risk, and children from low socioeconomic backgrounds or rural areas are more likely to be victimized.
(8)
Molesters have behavioral patterns that can be identified as "grooming" their victims. Sexual abuse is rarely violent. The molester's goal is to solicit compliance by beginning to win the victim's trust. There might be pet names, gifts to foster exclusivity and encouragement to "keep secrets." The molester might begin to spend time with the victim outside of the regular program or schedule, contacting parents to become involved in a child's life in some capacity, like babysitting. For this reason, many parents are shocked after abuse comes to light simply because the abuser seemed trustworthy. Inevitably, the favoritism is not enough to keep the victim silent any more, and the abuser resorts to threats — threats that play off of a child's guilt over the sexual contact.
(9)
During the grooming process and abuse, victims often begin to show signs such as sexual behaviors or strong sexual language that is too adult for their age. Many children feel at fault after the abuse and begin to suffer guilt and depression, even resorting to self-harm. They may begin to display cuts and scratches or other self-inflicted injuries. However, some children are naive and unaware of the gravity of the abusive nature of their experience. Research shows that children often delay reporting sexual abuse. They should not be disbelieved just because they waited a long time to seek help.
F.
In the State of New Jersey, every level of government has a role in protecting minors.
(1)
At the state level:
(a)
State law is enforced through the NJ Family Division of the state court system. The court has broad powers, including the ability to remove children from dangerous situations.
(b)
The Department of Children and Families, specifically the Division of Child Protection and Permanency, combines all state operations intended to safeguard children into a single, coordinated program working closely with the courts, legal advocates and law enforcement.
(c)
The Department of Corrections operates adult prisons and youth correctional centers to deal with perpetrators, while individual counties operate youth detention centers and special purpose schools.
(2)
At the local level:
(a)
Educational professionals have the most contact with children, meaning they are often the first to detect issues.
(b)
Housing Authority employees may also frequently come into contact with children.
(c)
Municipalities and counties operate or sponsor a variety of programs that involve children, including but not limited to:
(d)
The role of police and law enforcement agencies is especially important. Police officers assist in resolving reported situations, often acting as first identifiers. In New Jersey, police are given broad authority to protect children, including the authority to remove them from their parents or caregivers without a court order if necessary to prevent imminent danger to a child. Under the Prevention of Domestic Violence Act,11 a law enforcement officer must make an arrest when the officer finds "probable cause" that domestic violence has occurred. This holds even if the victim refuses to make a complaint. The Act is invoked in situations where the victim exhibits signs of injury caused by domestic violence, when a warrant is in effect, or when there is probable cause to believe that a weapon has been involved in an act of domestic violence. Abusers often use psychological tactics or coercive control over their partners, such as making threats to prevent a victim from leaving or contacting friends, family or police. But even if these conditions are not met, an officer may still make an arrest or sign a criminal complaint if there is probable cause to believe acts of domestic violence have been committed. Now if there is no visible sign of injury but the victim states that an injury did, in fact, occur, the officer must take other factors into consideration in determining probable cause.
(e)
The Borough of Maywood (the "Borough") is committed to the safety of all individuals in its community, however, the Borough has particular concern for those who are potentially vulnerable, including minor children. The Borough regards the abuse of children as abhorrent in all its forms and pledges to hold its officials, employees and volunteers to the highest standards of conduct in interacting with children. Statistics show that 93% of victims under the age of 18 know the abuser. Further, a perpetrator does not have to be an adult to harm a child but are typically in a caregiver role. They can have any relationship to the child, including a playmate, family member, a teacher, a coach, or instructor.
(f)
The Borough is fully committed to protecting the health, safety and welfare of minors who interact with officials, employees, and volunteers of the Borough to the maximum extent possible. These policies and procedures establish the guidelines for officials, employees, and volunteers who set policy for the Borough or may work with or interact with individuals under 18 years of age, and those who supervise employees, and volunteers who may work with or interact with individuals under 18 years of age, with the goal of promoting the safety and well being of minors.
(g)
This policy provides guidelines that apply broadly to interactions between minors and officials, employees, and volunteers in programs operated by the Borough or affiliated programs or activities. All officials, employees, and volunteers are responsible for understanding and complying with this policy.