Parental Rights under Attack in New Jersey
Posted November 21, 2008

With little public fanfare, at the end of October, State Senator Raymond Lesniak (D- Union) introduced S2334, a bill which would establish a New Jersey Children’s Bill of Rights. Based on the United Nations Convention on the Rights of the Child, adopted by the UN General Assembly in 1989, the New Jersey Children’s Bill of Rights states:

[T]his State has an affirmative obligation to recognize and protect the rights of children through the articulation of a clear and specific bill of rights that states unequivocally the best interests of the child is of paramount concern, and affirms the State’s commitment to enforce these rights in order to protect and promote the health, safety, and well-being of every child living in New Jersey.

It’s no wonder bill supporters haven’t heralded its existence, for what the legislation actually amounts to is a blatant attempt to strip parents of their parental rights and transfer these rights to the state. Indeed, at its core, the legislation designates the state –not the parent – as the final determiner of what is in the “best interests of the child.”

Specifically, the bill outlines the following rights of a child (quoted directly):

• To live in a safe, healthy, and nurturing environment, and to know and be cared for by the child's parent or legal guardian, except in circumstances when the child's removal from his parent or legal guardian is in the child's best interests;
• To the best efforts of the applicable department of State government, if placed outside the home, to reside with an individual who respects the child's religion, culture, language, and child's relationship with his parent or legal guardian;
• To the best efforts of the State, to respect the child's right to his identity, including, nationality, name, and family relations, as recognized by law;
• To the best efforts of the State, to respect the responsibilities and rights of the child's parent or legal guardian to provide, in a manner consistent with the child's development, appropriate direction and guidance in the exercise by the child of the rights articulated in this bill of rights;
• To be free from physical, sexual, psychological, or emotional abuse, neglect, cruelty, and any form of discipline that humiliates, demeans, or inflicts unnecessary mental or physical suffering or pain;
• To be free from discrimination or harassment on the basis of gender, race, ethnicity, religion, national origin, disability, or sexual orientation; and
• To receive adequate and nutritious food, suitable clothing and housing, and appropriate medical care, and mental health services.

Now, while no one would rightly advocate leaving children in abusive situations, carried to their logical conclusions, the so-called “rights” in this bill would wreak havoc on the freedom of parents to direct their upbringing of their children.

For example, the bill indicates the state would “respect the responsibilities and rights of the child’s parent or legal guardian to provide, in a manner consistent with the child’s development, appropriate direction and guidance….” When push comes to shove, however, who decides what constitutes “appropriate direction and guidance” that is “in a manner consistent with the child’s development?”  You guessed it: the state.

Likewise, the bill aims to protect children “from discrimination or harassment on the basis of gender, race, ethnicity, religion, national origin, disability, or sexual orientation.”
Yet, what happens when little Susie comes home thinking she wants to be a boy and her parents wisely seek to help her understand her feelings and show her the uniqueness of her own creation? The state could easily come in and claim “discrimination” on the part of the parents.

Indeed, in every aspect, the New Jersey Children’s Bill of Rights is an affront to the rights and responsibilities of parents, and the New Jersey legislature must not pass this dangerous bill. If nothing else, we should be passing legislation that affirms the right
of parents to direct the upbringing of their children until the age of 18, except in the case of abusive situations. This is especially true in the case of a minor girl who can now seek an abortion without the parents being notified.

Currently, the bill has not yet been referred to committee for consideration. The NJFPC will continue to monitor the bill’s status, however, and will keep you apprised of any developments.

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