The New Jersey State Bar Association asked a state appeals court to affirm the application of amendments to the Child Sexual Assault Act (CSAA) to all timely filed claims, including common law and passive liability claims.
Participating in oral argument as amicus curiae, the NJSBA asked the Appellate Division to affirm the trial court’s “expansive reading” of the CSAA to apply common law claims against a school district for negligent hiring, supervision and retention. NJSBA Trustee Thomas J. Manzo argued the Association’s position in J.H. v. Warren Hills Board of Education, et al. Manzo and NJSBA Secretary Craig J. Hubert wrote a brief filed earlier in the matter.
J.H. involves a challenge by a school district defendant that the plaintiff was required to file a Tort Claims Act (TCA) notice for passive abuser liability. The district argued the Legislature never intended to expand the ability of victims to file “incidental” claims under the CSAA. The trial court initially granted the defendants’ Motion for Summary Judgment dismissing the common law counts based on J.H.’s failure to file a TCA notice and dismissing the CSAA count. After reconsideration, it restored the CSAA claim and denied the motion to dismiss the common law claims for failure to file the notice. The NJSBA urged the Appellate Division to confirm the statutory amendments of the CSAA apply to all civil claims, including common law claims, for damages resulting from sexual assault and abuse.
Echoing arguments made in a similar matter, W.S. v. Hildreth, the NJSBA argued the “broad-sweeping amendments” of the CSAA and the TCAC signaled the “Legislature’s objective of providing a path for civil legal recourse for those victims who were prevented from pursuing civil remedies under prior statutory restrictions.” In W.S., in which NJSBA also participated as amicus, the New Jersey Supreme Court found the legislation did not simply broaden the statute of limitations to allow for the reopening of sexual abuse claims, it also broadened remedies under the Charitable Immunity Act and the TCA.
As a result, the Court eschewed the “absurd results” of a narrow interpretation of the CSAA and related statutes, holding that timely tort claims notices were not necessary for claims accruing prior to the passage of the CSAA. The Court stopped short of expressly applying this holding to common law claims.
“While. . . the Supreme Court declined to affirmatively address what is required for common law claims in its W.S. opinion because the issue was raised as a matter of first impression by an amicus curiae party, [ ] the Supreme Court provided clear direction in the body of the opinion that the amended statutory language should apply to all timely filed civil actions seeking damages and sexual assault and abuse,” the NJSBA said in its brief.
The NJSBA awaits the Appellate Division decision.
Senate Approves Bill Requiring Juveniles to Appear in County of Incident Instead of County of Domicile
The Senate unanimously approved S3190 (Diegnan), which would require youths accused of an offense which, if committed by an adult, would constitute a crime, to appear before the court in the county where the incident allegedly occurred. The NJSBA opposes the bill, citing the availability of resources to rehabilitate convicted youths.
“The Association is mindful of the concern to have the court in which the crime occurred weigh in on the penalty imposed on the juvenile,” the NJSBA said in a letter to sponsors. “The concern lies in ensuring that the resources utilized to address the juvenile’s behavior be available and accessible where the child resides. This practice ensures that the juvenile engages in these resources to address recidivism and is rehabilitated and that those resources are accessible to the juvenile.”
The bipartisan bill underwent amendments that changes this presumption for first- through third-degree charges and removes language that would require the court to provide the young person with reasonable transportation accommodations to ensure they appear in court. The NJSBA pointed out that services provided to court-involved youths are provided county by county through Youth Services Commissions and that services provided out of county would be counterproductive to the goal of rehabilitating youths found guilty of crimes, as many would be unable to avail themselves of services.
The bill remains pending in the Assembly Community Development and Women’s Affairs Committee. The NJSBA continues to reach out to stakeholders to discuss the bill’s impact on juvenile justice and recidivism.