New Jersey Statutes

N.J. Stat. § 9:6-1 (2026)

Abuse, abandonment, cruelty and neglect of child; what constitutes

✓ current as of May 2026
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9:6-1. Abuse, abandonment, cruelty and neglect of child; what constitutes. Abuse of a child shall consist in any of the following acts: (a) disposing of the custody of a child contrary to law; (b) employing or permitting a child to be employed in any vocation or employment injurious to its health or dangerous to its life or limb, or contrary to the laws of this State; (c) employing or permitting a child to be employed in any occupation, employment or vocation dangerous to the morals of such child; (d) the habitual use by the parent or by a person having the custody and control of a child, in the hearing of such child, of profane, indecent or obscene language; (e) the performing of any indecent, immoral or unlawful act or deed, in the presence of a child, that may tend to debauch or endanger or degrade the morals of the child; (f) permitting or allowing any other person to perform any indecent, immoral or unlawful act in the presence of the child that may tend to debauch or endanger the morals of such child; (g) using excessive physical restraint on the child under circumstances which do not indicate that the child's behavior is harmful to himself, others or property; or (h) in an institution as defined in section 1 of P.L.1974, c. 119 (C. 9:6-8.21), willfully isolating the child from ordinary social contact under circumstances which indicate emotional or social deprivation.

Abandonment of a child shall consist in any of the following acts by anyone having the custody or control of the child: (a) willfully forsaking a child; (b) failing to care for and keep the control and custody of a child so that the child shall be exposed to physical or moral risk without proper and sufficient protection; (c) failing to care for and keep the control and custody of a child so that the child shall be liable to be supported and maintained at the expense of the public, or by child caring societies or private persons not legally chargeable with its or their care, custody and control.

Cruelty to a child shall consist in any of the following acts: (a) inflicting unnecessarily severe corporal punishment upon a child; (b) inflicting upon a child unnecessary suffering or pain, either mental or physical; (c) habitually tormenting, vexing or afflicting a child; (d) any willful act of omission or commission whereby unnecessary pain and suffering, whether mental or physical, is caused or permitted to be inflicted on a child; (e) or exposing a child to unnecessary hardship, fatigue or mental or physical strains that may tend to injure the health or physical or moral well-being of such child.

Neglect of a child shall consist in any of the following acts, by anyone having the custody or control of the child: (a) willfully failing to provide proper and sufficient food, clothing, maintenance, regular school education as required by law, medical attendance or surgical treatment, and a clean and proper home, or (b) failure to do or permit to be done any act necessary for the child's physical or moral well-being. Neglect also means the continued inappropriate placement of a child in an institution, as defined in section 1 of P.L.1974, c. 119 (C. 9:6-8.21), with the knowledge that the placement has resulted and may continue to result in harm to the child's mental or physical well-being.

Amended by L. 1987,c.341,s.1.

Notes of Decisions
Cited in 99 cases (31 in the last 5 years), 1953–2025 · leading case: State v. Fuqua, 192 A.3d 961 (N.J. 2018).
State v. Fuqua, 192 A.3d 961 (N.J. 2018). · cites it 4× “N.J.S.A. 9:6-1 includes eight actions that constitute child abuse, none of which are germane here.”
United States v. Carolyn Jackson, 862 F.3d 365 (3rd Cir. 2017). · cites it 6× “, N.J. Stat. Ann. §§ 9:6-1 (“Abuse, abandonment, cruelty and neglect of child; what constitutes”), 9:6-3 (“Cruelty and neglect of children; crime of fourth degree; remedies”), 9:6-8.”
In the Matter of the Est. of Michael D. Fisher, II, 128 A.3d 203 (N.J. Super. Ct. App. Div. 2015). · cites it 10× “1), defined the term "abandonment" only by a specific reference to N.J.S.A. 9:6-1, without the inclusion of the language of that statute.”
New Jersey Div. of Youth & Fam. Servs. v. A.W., 512 A.2d 438 (N.J. 1986). · cites it 2× “3 The Division of Youth and Family Services has additional responsibilities in cases involving abuse, abandonment, cruelty, and neglect under N.J.S.A. 9:6-1 to -8.73. 4 N.J.S.A. 30:4015 establishes four classes of children for whom permanent termination of parental rights may be…”
United States v. Vaughan, 58 M.J. 29 (C.A.A.F. 2003). · cites it 2× “” N.J. Stat. Ann. § 9:6-1 (1998). 22. New Mexico: “’child’ means a person who is less than eighteen years of age; ’neglect’ means that a child is without proper parental care and control of subsistence, education, medical or other care or control necessary for his well-being…”
New Jersey Div. of Child Prot. & Permanency v. A.B., 175 A.3d 942 (N.J. 2017). “[N.J.S.A. 9:6-1.] The Division argues that A.”
Ward v. Barnes, 545 F. Supp. 2d 400 (D.N.J. 2008). · cites it 4× “The negligence per se claim implicates two issues: (1) whether the DYFS letter is a dispositive finding, binding on this Court, that neglect occurred; and (2) whether proving a violation of N.J. Stat. Ann. § 9:6-1 amounts to negligence per se.”
State v. Hagans, 182 A.3d 909 (N.J. 2018). “Faust explained to Chandler that the Division of Youth and Family Services-now the Division of Child Protection and Permanency-would be notified given the proximity of the pistol to her young daughter. Defendant ultimately admitted to ownership of the marijuana and the pistol.”
Jerome Stubbs v. Attorney Gen. of the United States, 452 F.3d 251 (3rd Cir. 2006). “” A conviction could lie under this statute for “willfully failing to provide proper and sufficient food” for a child pursuant to N.J. Stat. Ann. § 9:6-1 , one of the enumerated protective-welfare statutes.”
N.E., as Legal Guardian for Infant J v. v. State of, 156 A.3d 44 (N.J. Super. Ct. App. Div. 2017). “2C:12-1(b)(1), and fourth degree child abuse, N.J.S.A. 9:6-1, against his then four-month-old son J.”
J.H. v. R & M Tagliareni, LLC, 184 A.3d 922 (N.J. Super. Ct. App. Div. 2018). “Prior to the trial court's order, James pled guilty to fourth-degree child abuse or neglect, N.J.S.A. 9:6-1 and -3. Id. at 542 , 17 A.”
New Jersey Div. of Youth & Fam. Servs. v. T.S., 57 A.3d 572 (N.J. Super. Ct. App. Div. 2013). “A parent who has custody or control of a child abandons that child by failing to care for and keep the control and custody of a child so that the child shall be liable to be supported and maintained at the expense of the public, or by child care in societies or private persons…”
— N.J. Stat. § 9:6-1(a) — 3 cases
Dcpp v. H.D. & M.D.S., in the Matter of M.D. (N.J. Super. Ct. App. Div. 2024).
Dcpp v. M.J., in the Matter of L.J. (N.J. Super. Ct. App. Div. 2025).
— N.J. Stat. § 9:6-1(b) — 4 cases
Dcpp v. H.D. & M.D.S., in the Matter of M.D. (N.J. Super. Ct. App. Div. 2024).
— N.J. Stat. § 9:6-1(c) — 1 case
— N.J. Stat. § 9:6-1(e) — 2 cases
D.N. Vs. T.G. (fm-07-0608-15, Essex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).
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