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Incarceration of sole caretakers of minor children; assumption of responsibility for care of children

2C:44-6.2. Incarceration of sole caretakers of minor children; assumption of responsibility for care of children

a. In any case in which a person has been convicted of a crime for which the person will be incarcerated, the court shall order, as part of the presentence investigation required pursuant to N.J.S.2C:44-6, that a determination be made as to whether the person is the sole caretaker of a minor child and, if so, who will assume responsibility for the child’s care and custody during the period the person is incarcerated.

b. If the determination is made that the person is the sole caretaker of the child, the presentence investigation shall also include:

(1) verification that the person who will be responsible for the child’s care and custody during the period of incarceration has agreed to assume responsibility for the child’s care and custody;

(2) an inquiry as to the willingness of the person to assume responsibility for the child’s care and custody during the period of incarceration; and

(3) a PROMIS/GAVEL network check, juvenile central registry check, and domestic violence central registry check on the person who will be responsible for the child’s care and custody during the period of incarceration and on any adult and juvenile over 12 years of age in the person’s household.

c. The court shall provide the information compiled pursuant to subsection b. of this section, from the presentence investigation, to the Division of Child Protection and Permanency in the Department of Children and Families.