Current Through April 2016

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed.

Consequences

This issue is not addressed in the statutes reviewed.

Current Through February 2016

Physical Abuse

Citation: Ann. Stat. § 9:6-8.21‘Abused child’ or ‘abused or neglected child’ means a child under age 18 whose parent, guardian, or other person having custody and control:

• Inflicts or allows to be inflicted upon such child physical injury by other than accidental means that causes or creates a substantial risk of death, serious or protracted disfigurement, protracted impairment of physical or emotional health, or protracted loss or impairment of the function of any bodily organ
• Creates or allows to be created a substantial or ongoing risk of physical injury to such child by other than accidental means that would be likely to cause death or serious or protracted disfigurement, or protracted loss or impairment of the function of any bodily organ
• Inflicts unreasonably or allows to be inflicted harm or substantial risk thereof, including the infliction of excessive corporal punishment or by any other acts of a similarly serious nature requiring the aid of the court
• Uses excessive physical restraint upon the child under circumstances that do not indicate that the child’s behavior is harmful to himself or herself, others, or property

Neglect

Citation: Ann. Stat. § 9:6-8.21‘Abused child’ or ‘abused or neglected child’ means a child younger than age 18 whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent, guardian, or other person having custody and control, to exercise a minimum degree of care:

• In supplying the child with adequate food, clothing, shelter, education, medical, or surgical care, although financially able to do so or although offered financial or other reasonable means to do so
• In providing the child with proper supervision or guardianship

Sexual Abuse/Exploitation

Citation: Ann. Stat. § 9:6-8.21The terms ‘abused child’ or ‘abused or neglected child’ include a child under age 18 whose parent, guardian, or other person having custody and control commits or allows to be committed an act of sexual abuse against the child.

Emotional Abuse

Citation: Ann. Stat. § 9:6-8.21The terms ‘abused child’ or ‘abused or neglected child’ include a child under age 18 who is in an institution and:

• Has been placed there inappropriately for a continued period of time with the knowledge that the placement has resulted or may continue to result in harm to the child’s mental or physical well-being
• Who has been willfully isolated from ordinary social contact under circumstances that indicate emotional or social deprivation

Abandonment

Citation: Ann. Stat. § 9:6-8.21
The terms ‘abused child’ or ‘abused or neglected child’ include a child under age 18 who has been willfully abandoned by his or her parent, guardian, or other person having custody and control.

Standards for Reporting

Citation: Ann. Stat. § 9:6-8.10
A report is required when any person has reasonable cause to believe that a child has been subjected to child abuse.

Persons Responsible for the Child

Citation: Ann. Stat. § 9:6-8.21‘Parent or guardian’ means any natural parent, adoptive parent, resource family parent, stepparent, paramour of a parent, or any person who has assumed responsibility for the care, custody, or control of a child or upon whom there is a legal duty for such care.

Parent or guardian includes a teacher, employee, or volunteer, whether compensated or uncompensated, of an institution who is responsible for the child’s welfare and any other staff person of an institution, regardless of whether or not the person is responsible for the care or supervision of the child. Parent or guardian also includes a teaching staff member or other employee, whether compensated or uncompensated, of a day school.

Exceptions

Citation: Ann. Stat. § 9:6-8.21 No child who in good faith is under treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for this reason alone, be considered to be abused or neglected.

Current Through August 2013

Defined in Domestic Violence Civil Laws

Citation:This issue is not addressed in the statutes reviewed.

Defined in Child Abuse Reporting and Child Protection Laws

Citation:This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Ann. Stat. § 2C:25-19‘ Domestic violence’ means the occurrence of one or more of the following acts inflicted upon a person protected under this act by an adult or an emancipated minor:

• Homicide
• Assault
• Terroristic threats
• Kidnapping
• Criminal restraint
• False imprisonment
• Sexual assault
• Criminal sexual contact
• Lewdness
• Criminal mischief
• Burglary
• Criminal trespass
• Harassment
• Stalking

When one or more of these acts is inflicted by an unemancipated minor upon a person protected under this act, the occurrence shall not constitute ‘domestic violence’ but may be the basis for the filing of a petition or complaint pursuant to the provisions of § 2A:4A-30 (Juvenile Justice Code).

Persons Included in the Definition

Citation: Ann. Stat. § 2C:25-19‘  Victim of domestic violence’ means a person protected under this act and shall include any person who is age 18 or older or who is an emancipated minor and who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present or former household member.

‘Victim of domestic violence’ also includes any person, regardless of age, who has been subjected to domestic violence by a person with whom the victim has a child in common, or with whom the victim anticipates having a child in common, if one of the parties is pregnant. ‘Victim of domestic violence’ also includes any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship.

Current Through June 2013

Confidentiality of Records

Citation: Ann. Stat. § 9:6-8.10aAll records of child abuse reports, all information obtained by the Department of Children and Families in investigating such reports, and all reports of findings forwarded to the child abuse registry shall be kept confidential.

The department shall disclose information only as authorized by the section that is relevant to the purpose for which the information is required, as long as nothing is disclosed that would likely endanger the life, safety, or physical or emotional well-being of a child or the life or safety of any other person or that may compromise the integrity of a department investigation, a civil or criminal investigation, or judicial proceeding.

Persons or Entities Allowed Access to Records

Citation: Ann. Stat. § 9:6-8.10a  Records and reports may be released to:

• A child protective agency or law enforcement agency investigating a report of child abuse or neglect
• A physician who reasonably suspects that a child may be abused or neglected
• A physician, police officer, or any other person authorized to place a child in protective custody when needed to determine whether to place a child in protective custody
• An agency authorized to care for, treat, assess, evaluate, or supervise a child who is the subject of a child abuse report, or a parent, guardian, resource family parent, or other person who is responsible for the child’s welfare, or both, when the information is needed in connection with the provision of care, treatment, assessment, evaluation, or supervision to such child or such parent, guardian, or resource family parent
• A court or the Office of Administrative Law when it is necessary for determination of an issue before it
• A grand jury when it is necessary in the conduct of its official business
• Any appropriate State legislative committee acting in the course of its official functions
• The Victims of Crime Compensation Board, for the purpose of providing services to a child victim who is the subject of a report
• Any person appealing a department service or status action or a substantiated finding of child abuse or neglect and his or her attorney or authorized lay representative
• The members of a county multidisciplinary team
• A person being evaluated by the department or the court as a potential caregiver to determine whether that person is willing and able to provide the care and support required by the child
• The legal counsel of a child, parent, or guardian
• A person who has reported suspected child abuse or neglect
• A parent, resource family parent, or legal guardian when the information is needed in a department matter in which that parent, resource family parent, or legal guardian is directly involved
• A Federal, State, or local government entity, to the extent necessary to carry out its responsibilities
• Citizen review panels
• The Child Fatality and Near Fatality Review Board
• Members of a family team or other case-planning group for the purpose of addressing the child’s safety, permanency, or well-being
• A child who is the subject of a report, as appropriate to the child’s age or condition, to enable the child to understand the basis for the department’s involvement
• Any person engaged in bona fide research

When Public Disclosure of Records is Allowed

Citation: Ann. Stat. § 9:6-8.10a  The department may disclose to the public the findings or information about a case of child abuse or neglect that has resulted in a child fatality or near fatality. Nothing may be disclosed that would likely endanger the life, safety, or physical or emotional well-being of a child or the life or safety of any other person or that may compromise the integrity of a department investigation or a civil or criminal investigation or judicial proceeding.

Use of Records for Employment Screening

Citation: Ann. Stat. § 9:6-8.10aRecords may be accessed by:

• A family daycare-sponsoring organization for the purpose of providing information on child abuse or neglect allegations involving prospective or current providers or household members and, as necessary, for use in administrative appeals related to information obtained through a child abuse registry search
• Any person or entity mandated to consider child abuse or neglect information when conducting a background check or employment-related screening of an individual employed by or seeking employment with an agency or organization providing services to children
• Any person or entity conducting a disciplinary, administrative, or judicial proceeding to determine terms of employment or continued employment of an officer, employee, or volunteer with an agency or organization providing services for children

The department shall release records and reports to a unified child care agency for the purpose of providing information on child abuse or neglect allegations involving a prospective approved home provider or any adult household member to a child’s parent when the information is necessary for the parent to make a decision concerning the placement of the child in an appropriate child care arrangement.

Current Through March 2015

Citation: Ann. Stat. § 9:6-8.13

Anyone acting pursuant to the reporting laws in making a report under the reporting laws shall have immunity from any civil or criminal liability that might otherwise be incurred or imposed. Any such person shall have the same immunity with respect to testimony given in any judicial proceeding resulting from such report.

Current Through February 2013

Individual Responsibility to Report

Citation: Ann. Sat. § 9:6-8.10Any person who has reasonable cause to believe that a child has been subjected to abuse or neglect shall report the same to the Division of Child Protection and Permanency by telephone or otherwise.

Content of Reports

Citation: Ann. Stat. § 9:6-8.10The report, where possible, shall contain:

• The names and addresses of the child and the child’s parent, guardian, or other person having custody
• If known, the child’s age
• The nature and possible extent of injuries, including any evidence of prior injury
• Any other information that might be helpful with respect to the child abuse and the identity of the perpetrator

Reporting Suspicious Deaths

Citation:This issue is not addressed in the statutes reviewed.

Reporting Substance-Exposed Infants

Citation:This issue is not addressed in the statutes reviewed.

Agency Receiving the Reports

Citation: Ann. Stat. § 9:6-8.12The division shall maintain, at all times, an emergency telephone service for the receipt of calls involving a report, complaint, or allegation of child abuse or neglect.

Initial Screening Decisions

Citation: Ann. Stat. § 9:6-8.11; Admin. Code Tit. 10, §§ 129-2.1; 129-2.3Upon receipt of a report, the division shall immediately take such action as shall be necessary to ensure the safety of the child and to that end may request and shall receive appropriate assistance from local and State law enforcement officials. The division shall initiate an investigation within 24 hours of receipt of the report, unless a delay is authorized based upon the request of a law enforcement official. The division also shall, within 72 hours, forward a report of such matter to the child abuse registry.

In regulation: The central registry shall deem a call to be a report if it contains at least one allegation that, if true, would constitute a child being an abused or neglected child, as defined by law.

Child Protective Services (CPS) shall start the investigation of a report no later than the end of the work day or within 24 hours of the central registry determining the timeframe. Each report that meets one or more of the following criteria shall be investigated no later than the end of the work day of receipt:

• Law enforcement personnel request an immediate response.
• An immediate response will prevent the loss of evidence.
• A child has died due to abuse or neglect and a sibling remains under the care of a parent or guardian.
• A child is born drug-exposed.
• A child under age 6 is alone at the time of the report.
• A child requires medical attention at the time of the report.
• A child is being seriously physically abused at the time of the report.

Agency Conducting the Assessment/Investigation

Citation: Admin. Code Tit. 10, § 129-2.1CPS shall investigate each new report, regardless of whether or not the alleged child victim and his or her family are known to the department. CPS shall investigate each report alleging abuse or neglect on a military installation, to the extent permitted by the base commander.

Assessment/Investigation Procedures

Citation: Admin. Code Tit. 10, § 129-3.1The child protective investigator shall, in completing an investigation:

• Complete a safety assessment
• Interview, in person and individually, the caregiver and each adult in the home
• Read and review each available prior investigation relevant to the report
• Interview the reporter and each other person identified as having knowledge of the incident or as having made an assessment of physical harm
• Interview the alleged perpetrator, in person
• Complete a child abuse record check of each household member and each other individual regularly frequenting or living in the alleged child victim’s home
• Conduct a criminal history record check to identify a paramour’s record of criminal history, when the report involves a paramour
• Complete a risk assessment
• Observe the environment in which the alleged abuse or neglect occurred or that poses a threat to the child
• Obtain a medical assessment of the injury

The child protective investigator shall, in completing an investigation:

• Assess the strengths and needs of the caregiver
• Assess the strengths and needs of the alleged child victim
• Interview at least two collateral contacts who have knowledge of the incident or circumstances
• Confirm child care arrangements reported by the caregiver, when appropriate
• Interview school personnel, child care providers, witnesses, and community professionals who have first-hand knowledge of the alleged abuse or neglect

Timeframes for Completing Investigations

Citation: Admin. Code Tit. 10, § 10:129-7.3The child protective investigator shall make the finding for each report within 60 days of the report being received at the central registry, except for good cause approved by the office manager. The officer manager may grant extensions in increments of 30 days if the child protective investigator is continuing efforts to confirm credible information.

Classification of Reports

Citation: Admin. Code Tit. 10, § 129-7.3The child protective investigator shall evaluate the available information and, for each allegation, determine whether abuse or neglect has occurred, and shall make a finding of either substantiated or unfounded. The child protective investigator shall make every reasonable effort to identify the perpetrator for each allegation of abuse or neglect.

Current Through August 2015

Professionals Required to Report

Not addressed in statutes reviewed.

Reporting by Other Persons

Citation: Ann. Stat. § 9:6-8.10Any person having reasonable cause to believe that a child has been subjected to child abuse, neglect, or acts of child abuse shall report.

Institutional Responsibility to Report

Not addressed in statutes reviewed.

Standards for Making a Report

Citation: Ann. Stat. § 9:6-8.10A report is required when a person has reasonable cause to believe that a child has been subjected to abuse or neglect.

Privileged Communications

Not addressed in statutes reviewed.

Inclusion of Reporter’s Name in Report

Not addressed in statutes reviewed.

Disclosure of Reporter Identity

Citation: Ann. Stat. § 9:6-8.10aThe identity of the reporter shall not be made public. Any information that could endanger any person shall not be released.

Current Through April 2015

This issue is not addressed in the statutes reviewed.

Current Through August 2014

Making The Appointment

Citation: Ann. Stat. § 9:6-8.23Any minor who is the subject of a child abuse or neglect proceeding must be represented by a law guardian. The Superior Court, Chancery Division, Family Part, on its own motion, will make appointments of law guardians.

The Use of Court-Appointed Special Advocates (CASAs)

Citation:This issue is not addressed in the statutes reviewed.

Qualifications/Training

Citation: Ann. Stat. § 9:6-8.21The law guardian must be an attorney admitted to the practice of law in this State, regularly employed by the Office of the Public Defender or appointed by the court, and designated under P.L.1974, c.119 to represent minors in alleged cases of child abuse or neglect and in termination of parental rights proceedings.

Specific Duties

Citation: Ann. Stat. § 9:6-8.23The duty of the law guardian is to help protect the interests of the child and to help the child express his or her wishes to the court.

How the Representative Is Compensated

Citation:This issue is not addressed in the statutes reviewed.

Current Through April 2014

When Case Plans Are Required

Citation: Ann. Stat. § 30:4C-55; Admin. Code § 10: 133D-1.4A placement plan must be prepared for each child placed outside of his or her home.

In regulation: A case plan shall be developed with each family for whom services will be provided. The representative of the Department of Children and Families shall prepare the case plan:

• Within 60 calendar days of receipt of a report of abuse or neglect or a child welfare services referral or application
• Within 30 calendar days of a child entering or reentering out-of-home placement

The department representative also shall prepare the case plan at least once every 6 months after the previous case plan. The case plan shall be revised more often if the case situation shows significant change.

Who May Participate in the Case Planning Process

Citation: Ann. Stat. § 30:4C-55; Admin. Code § 10: 133D-1.5The department shall prepare the plan in consultation with the child’s parents or legal guardian and, when appropriate, the child.

In regulation: The department representative shall develop the case plan with the child’s parent, unless he or she is unwilling to participate, any person appointed by the court for this purpose, and the child, if the division representative determines that the child is willing and able to participate in the development of the case plan. Other interested parties or service providers may be invited to participate.

In addition to the above, when the child lives in an out-of-home placement, the department representative shall develop the case plan in consultation with the child’s out-of-home placement provider.

Contents of a Case Plan

Ann. Stat. § 30:4C-55; Admin. Code § 10: 133D-1.7The placement plan shall include:

• The goal for the permanent placement or return home of the child and anticipated date that goal will be achieved
• The intermediate objectives for achieving the goal
• The duties and responsibilities of the department, the parents or legal guardian, and the temporary caregiver, including the services to be provided by the department
• The services to be provided to the parent or legal guardian or an exception to the requirement to provide reasonable efforts toward family reunification
• A permanency plan for the child and the department’s reasonable efforts to achieve that plan, if the department has established an exception to the requirement to provide reasonable efforts toward family reunification or the child has been in placement for 12 months

The permanency plan shall include whether and, if applicable, when:

• The child shall be returned home, if the child can be returned home without endangering the child’s health or safety.
• The department has determined that family reunification is not possible, and the department shall file a petition for the termination of parental rights for the purpose of adoption.
• The department has determined that termination of parental rights is not appropriate, and the child shall be placed in an alternative permanent placement.

In regulation: The written case plan for a family with the child living at home shall include:

• The reasons for the department’s involvement
• The underlying needs of each family member
• The case goal for each family member receiving services
• The schedule for contacts between the department and family members
• The supports and services offered to, provided to, and used by the family
• The behavioral and other changes expected from each person
• The services or activities that are intended to facilitate the changes and who will accomplish or provide them
• Progress toward achieving the case goal by each family member

The case plan for a child in an out-of-home placement shall include:

• The efforts made to prevent placement, the reasons for the placement, efforts made to reunify the family, and the impact of those efforts
• The case goal for each child, the progress toward its achievement, and any obstacles to reaching it
• An assessment of the safety and appropriateness of the current placement
• The efforts made to find a missing mother and father or relative
• The schedule for contacts between the department and the family members
• The plan for visits between the child and parents, siblings, and other relatives
• The needs of the child, the parent, and the child’s care provider in order to meet the case goal
• The behavioral and other changes expected from each person
• The services or actions intended to meet the identified needs and who is responsible to provide the services and complete the activities, with projected timeframes, as well as the appropriateness of the services for the child
• A description of the type of out-of-home placement
• How the placement is safe, near the parent’s home, and the least restrictive and most familylike available, consistent with the best interests and special needs of the child
• Documentation of the appropriateness of the child’s current educational setting
• Why the child was placed a substantial distance from his or her parents or out-of-State, when applicable
• The child’s health and education records
• For a child age 14 or older, programs and services to help the child transition from out-of-home placement to self-sufficiency skills

The case plan for a child whose case goal is either adoption or kinship legal guardianship shall include the steps the department is taking to finalize a placement with an adoptive family a relative or caregiver who is willing to become a kinship legal guardian.

Current Through November 2012

Citation: N.J. Stat. Ann. § 30:4C-55 (LexisNexis through 2012 1st Sess.)The Division of Child Protection and Permanency shall prepare, and revise as necessary, a placement plan for each child placed outside his or her home. This shall be done in consultation with the child’s parents or legal guardian and the child, when appropriate. The placement plan shall include a statement of the services to be provided to the parent or legal guardian or an exception to the requirement to provide reasonable efforts toward family reunification, in accordance § 30:4C-11.3. Services to facilitate adoption or an alternative permanent placement may be provided concurrently with services to reunify the child with the parent or guardian.

Citation: N.J. Stat. Ann. § 30:4C-11.1(c) (LexisNexis through 2012 1st Sess.)Reasonable efforts to place a child for adoption or with a legal guardian or in an alternative permanent placement may be made concurrently with reasonable efforts to preserve and reunify the child’s family.

Current Through January 2016

Schedule of Hearings

Citation: Ann. Stat. §§ 30:4C-58; 30:4C-61.2A child placement review board shall make an initial review of the placement within 45 days following the placement. A periodic review shall take place every 12 months thereafter. The board shall continue to conduct periodic reviews until the Division of Youth and Family Services terminates its supervision.

A permanency hearing shall be held that provides review and approval by the court of the placement plan:

• No later than 12 months after placement
• Within 30 days of a finding that reasonable efforts to reunify are not required

Persons Entitled to Attend Hearings

Citation: Ann. Stat. § 30:4C-61.2Written notice of the date, time, and place of the permanency hearing shall be provided at least 15 days in advance to the following, each of whom shall be entitled to attend the hearing and to submit written information to the court:

• The division or agency
• The child
• The parents, including a noncustodial parent or legal guardian
• The temporary caregiver
• Any other person or agency that the court determines has an interest in or information relating to the welfare of the child
• The counsel for a parent, child, or other interested party who has provided or is providing representation in the case before the court
• The child’s resource family parent or relative providing care for the child

The child’s resource family parent or relative providing care shall receive the notice and shall have a right to be heard at the hearing, but he or she shall not be made a party to the hearing solely on the basis of the notice and right to be heard.

Determinations Made at Hearings

Citation: Ann. Stat. §§ 30:4C-58; 30:4C-61.2All reviews shall include, but not necessarily be limited to, the consideration of:

• The appropriateness of the goal, objectives of the placement plan, and anticipated date that the goal will be achieved
• The appropriateness of the services provided to the child and to the temporary caregiver
• Whether the child has siblings who are also placed outside of their home
• Whether the wishes of the child were considered regarding placement and development of the placement plan, when appropriate
• Whether the division, the parents or legal guardian, and the temporary caregiver are fulfilling their respective responsibilities in accordance with the placement plan
• Whether the parents or legal guardian have been afforded the opportunity and been encouraged to participate in a program of regular visitation with the child
• Whether there are obstacles that hinder or prevent the attainment of the placement plan objectives and goal
• The circumstances surrounding the placement
• The appropriateness of the services provided to the parent or legal guardian
• The appropriateness of the division’s permanency plan and reasonable efforts to achieve that plan

At the permanency hearing, the court shall consider:

• The goal for the permanent placement or return home of the child and the anticipated date that the goal will be achieved
• The intermediate objectives relating to attainment of the goal
• A statement of the duties and responsibilities of the division, the parents or legal guardian, and the temporary caregiver, including the services to be provided by the division to the child and to the temporary caregiver
• A statement of the services to be provided to the parent or legal guardian

Permanency Options

Citation: Ann. Stat. § 30:4C-61.2The permanency plan shall include whether and, if applicable, when:

• The child shall be returned to the parent or guardian, if the child can be returned home without endangering his or her health or safety.
• The division has determined that family reunification is not possible, and the division shall file a petition for the termination of parental rights (TPR) for the purpose of adoption.
• The division has determined that TPR is not appropriate, and the child shall be placed in an alternative permanent placement.

Current Through March 2016

Citation: Ann. Stat. § 30:4C-11.1(a)In accordance with the provisions of § 30:4C-11.1(b)-(d), when determining the reasonable efforts to be made and when making the reasonable efforts, the child’s health and safety shall be of paramount concern.

Citation: Ann. Stat. § 30:4C-1.1(c)-(g)The legislature finds and declares that:

• Because the safety of children must always be paramount, allegations of child abuse and neglect must be investigated quickly and thoroughly and protective actions must be taken immediately, if necessary.
• Concerns about the safety, permanency, and well-being of children require significant changes in the organization of the child welfare system, the ability to implement best practices within the system, the development of effective services to meet the needs of children and families, and the elimination of impediments to the quick and efficient management of abuse and neglect cases.
• Children need safe, stable, and positive relationships with caring adults in order to thrive, and, if their parents are incapable of providing such a caring relationship, the State must look to other families to provide this kind of relationship.
• To ensure the best outcomes for children and their families, these substitute families must be viewed and treated as ‘resource families’ and provided with appropriate support, training, and responsibilities, which will include: expedited licensure for this purpose, equalized payment rates for care among the various types of resource families, and enhanced access to necessary support services tailored to their respective needs.
• Youth must be provided with supports and services in their communities that will enable them to grow into healthy and productive adults, and those youth who previously received child welfare services must continue to receive those services beyond the age of 18, up to age 21, as appropriate.

Citation: Ann. Stat. § 30:4C-1(a), (b), (f)This act is to be administered strictly in accordance with the general principles laid down in this section, which are declared to be the public policy of this State, whereby the safety of children shall be of paramount concern and the best interests of children shall be a primary consideration:

• That the preservation and strengthening of family life is a matter of public concern as being in the interests of the general welfare, but the health and safety of the child shall be the State’s paramount concern when making a decision on whether or not it is in the child’s best interests to preserve the family unit
• That the prevention and correction of dependency and delinquency among children should be accomplished so far as practicable through welfare services that will seek to continue the living of such children in their own homes
• That each child placed outside his or her home by the State has the need for permanency:
  • Through return to the child’s own home, if the child can be returned home without endangering the child’s health or safety
  • Through adoption, if family reunification is not possible
  • Through an alternative permanent placement, if termination of parental rights is not appropriate

Current Through January 2013

Circumstances That Are Grounds for Termination of Parental Rights

Citation: Ann. Stat. §§ 30:4C-11.2; 30:4C-15A petition to terminate parental rights shall be filed when there is evidence of one or more of the following:

• The parent has abandoned the child.
• The parent has subjected the child to aggravated circumstances of abuse, neglect, cruelty, or abandonment.
• Reasonable efforts to rehabilitate the parent have been provided for 1 year, and the parent has failed to remedy the conditions that led to the child’s out-of-home placement.
• The parent has been convicted of:
  • Murder, aggravated manslaughter, or manslaughter of another child of the parent
  • Aiding, abetting, attempting, or soliciting to commit the above murder, aggravated manslaughter, or manslaughter of the child or another child of the parent
  • Committing or attempting to commit an assault or similarly serious criminal act that resulted, or could have resulted, in the death or significant bodily injury to the child or another child of the parent
• Parental rights to another child of the parent have been involuntarily terminated.

Circumstances That Are Exceptions to Termination of Parental Rights

Citation: Ann. Stat. §§ 30:4C-15; 30:4C-15.3A petition shall be filed as soon as any one of the circumstances listed above is established, but no later than when the child has been in placement for 15 of the most recent 22 months unless the division establishes an exception to the requirement to seek termination of parental rights.

The Division of Child Protection and Permanency shall not be required to file a petition seeking the termination of parental rights if:

• The child is being cared for by a relative, and a permanent plan for the child can be achieved without termination of parental rights.
• The division has documented in the case plan, which shall be available for court review, a compelling reason for determining that filing the petition would not be in the best interests of the child.
• The division is required to provide reasonable efforts to reunify the family but has not provided to the family of the child, consistent with the time period in the case plan, such services as the division deems necessary for the safe return of the child to his or her home.

Circumstances Allowing Reinstatement of Parental Rights

This issue is not addressed in the statutes reviewed.

Current Through December 2014

Definitions

Citation: Ann. Stat. §§ 3B:12A-2; 30:4C-84The term ‘caregiver’ means a person over age 18, other than a child’s parent, who has a kinship relationship with the child and has been providing care and support for the child, while the child has been residing in the caregiver’s home, for either the last 12 consecutive months or 15 of the last 22 months. ‘Caregiver’ also could include a resource family parent as defined in § 30:4C-26.4.

‘Family friend’ means a person who is connected to a child or the child’s parent by an established, positive psychological or emotional relationship that is not a biological or legal relationship.

‘Kinship legal guardian’ means a caregiver who is willing to assume care of a child due to parental incapacity, with the intent to raise the child to adulthood, and who is appointed the kinship legal guardian of the child by the court pursuant to § 3B:12A-1, et seq. A kinship legal guardian shall be responsible for the care and protection of the child and for providing for the child’s health, education, and maintenance.

‘Kinship relationship’ means a family friend or a person with a biological or legal relationship with the child.

Purpose of Guardianship

Citation: Ann. Stat. § 3B:12A-1The legislature finds and declares that:

There is an increase in the number of children who cannot reside with their parents due to the parents’ incapacity or inability to perform the regular and expected functions of care and support of the child.

An increasing number of relatives, including grandparents, find themselves providing care on a long-term basis to these children without court-approved legal guardianship status because the caregivers either are unable or unwilling to seek termination of the legal relationships between the birth parent and the child, particularly when it is the caregiver’s own child or sibling who is the parent. In these cases, adoption of the child is neither feasible nor likely, and it is imperative that the State create an alternative, permanent legal arrangement for children and their caregivers. One such alternative arrangement, which does not require the termination of parental rights, is a court-awarded kinship legal guardianship that is intended to be permanent and self-sustaining, as evidenced by the transfer to the caregiver of certain parental rights, but retains the birth parents’ rights to consent to adoption, the obligation to pay child support, and the parents’ right to have some ongoing contact with the child.

In considering kinship legal guardianship, the State is seeking to add another alternative, permanent placement option, beyond custody, without rising to the level of termination of parental rights, for caregivers in relationships where adoption is neither feasible nor likely. Therefore, it is in the public interest to create a new type of legal guardianship that addresses the needs of children and caregivers in long-term kinship relationships.

A Guardian’s Rights and Responsibilities

Citation: Ann. Stat. § 3B:12A-4A kinship legal guardian shall have the same rights, responsibilities, and authority relating to the child as a birth parent, including, but not limited to:

• Making decisions concerning the child’s care and well-being
• Consenting to routine and emergency medical and mental health needs
• Arranging and consenting to educational plans for the child
• Applying for financial assistance and social services for which the child is eligible
• Applying for a motor vehicle operator’s license
• Applying for admission to college
• Assuming responsibility for activities necessary to ensure the child’s safety, permanency, and well-being
• Ensuring the maintenance and protection of the child

A kinship legal guardian may not consent to the adoption of the child or a name change for the child. The birth parent of the child shall retain the authority to consent to the adoption of the child or a name change for the child.

The birth parent of the child shall retain the obligation to pay child support. The birth parent of the child shall retain the right to visitation or parenting time with the child, as determined by the court.

The appointment of a kinship legal guardian does not limit or terminate any rights or benefits derived from the child’s parents, including, but not limited to, those relating to inheritance or eligibility for benefits or insurance.

Qualifying the Guardian

Citation: Ann. Stat. §§ 30:4C-86; 3B:12A-6Prior to the submission of a petition for appointment as a kinship legal guardian, the caregiver and any adult residing in the caregiver’s household shall undergo:

• State and Federal criminal history records background checks
• A domestic violence central registry check
• A child abuse registry record check

In making its determination about whether to appoint the caregiver as kinship legal guardian, the court shall consider:

• The potential kinship legal guardian’s ability to provide a safe and permanent home for the child
• The suitability of the kinship caregiver and the caregiver’s family to raise the child
• The ability of the kinship caregiver to assume full legal responsibility for the child
• The commitment of the kinship caregiver and the caregiver’s family to raise the child to adulthood
• The results from the child abuse record check
• The results from the criminal history records and domestic violence checks

In any case in which the caregiver petitioning for kinship legal guardianship, or any adult residing in the prospective caregiver’s home, has a record of criminal history or a record of being subjected to a final domestic violence restraining order, the court shall review the record with respect to the type and date of the criminal offense or the provisions and date of the final domestic violence restraining order, and make a determination as to the suitability of the person to become a kinship legal guardian. For the purposes of this paragraph, with respect to criminal history, the court shall consider convictions for offenses specified in § 30:4C-26.8(1)(c)-(e).

Procedures for Establishing Guardianship

Citation: Ann. Code §§ 3B:12A-5; 3B:12A-6A petition for the appointment of a kinship legal guardian shall include a kinship caregiver assessment, which shall include certification from the caregiver that the caregiver has been providing care and support for the child, while the child has been residing in the caregiver’s home, for at least the last 12 consecutive months.

In making its determination about whether to appoint the caregiver as kinship legal guardian, the court shall consider:

• The best interests of the child
• The kinship caregiver assessment
• The recommendation of the Department of Children and Families, including any parenting time or visitation restrictions
• The wishes of the child’s parents, if known to the court
• The wishes of the child if the child is age 12 or older, unless unique circumstances exist that make the child’s age irrelevant

The court shall not award kinship legal guardianship of the child solely because of parental incapacity. The court shall appoint the caregiver as kinship legal guardian if, based upon clear and convincing evidence, the court finds that:

• Each parent’s incapacity is of such a serious nature as to demonstrate that the parents are unable, unavailable, or unwilling to perform the regular and expected functions of care and support of the child.
• The parents’ inability to perform those functions is unlikely to change in the foreseeable future.
• In cases in which the department is involved with the child, (a) the department exercised reasonable efforts to reunify the child with the birth parents and these reunification efforts have proven unsuccessful or unnecessary, and (b) adoption of the child is neither feasible nor likely.
• Awarding kinship legal guardianship is in the child’s best interests.

Contents of a Guardianship Order

Citation: Ann. Stat. § 3B:12A-6The court order appointing the kinship legal guardian shall specify, as appropriate, that:

• A kinship legal guardian shall have the same rights, responsibilities, and authority relating to the child as a birth parent, as specified in § 3B:12-4 above.
• The birth parent of the child retains the authority to consent to the adoption or a name change for the child.
• The birth parent of the child retains the obligation to pay child support.
• The birth parent of the child retains the right to visitation or parenting time with the child, as determined by the court.
• The appointment of a kinship legal guardian does not limit or terminate any rights or benefits derived from the child’s parents, including, but not limited to, those relating to inheritance or eligibility for benefits or insurance.

Modification/Revocation of Guardianship

Citation: Ann. Stat. §§ 3B:12A-4; 3B:12A-6Kinship legal guardianship terminates when the child reaches age 18 or when the child is no longer continuously enrolled in a secondary education program, whichever event occurs later, or when kinship legal guardianship is otherwise terminated.

An order or judgment awarding kinship legal guardianship may be vacated by the court prior to the child’s 18th birthday if the court finds that the kinship legal guardianship is no longer in the best interests of the child or, in cases where there is an application to return the child to the parent, based upon clear and convincing evidence, the court finds that the parental incapacity or inability to care for the child that led to the original award of kinship legal guardianship is no longer the case and termination of kinship legal guardianship is in the child’s best interests.

In cases in which the department was involved, when determining whether a child should be returned to a parent, the court may refer a parent for an assessment prepared by the department, in accordance with regulations adopted by the commissioner.

An order or judgment awarding kinship legal guardianship may be vacated by the court if, based upon clear and convincing evidence, the court finds that the guardian has failed or is unable, unavailable, or unwilling to provide proper care and custody of the child, or that the guardianship is no longer in the child’s best interests.

Eligibility for Guardianship Subsidy

Citation: Admin. Code §§ 10:132A-1.6; 10:132A-1.7A child is eligible for the Division of Youth and Family Services (DYFS) Legal Guardianship Subsidy Program when:

• The child has been with a relative due to safety or risk of harm issues and DYFS had legal authority for placement through a court order.
• The relative is related to the child through blood, marriage, adoption, civil union, or domestic partnership, or is a family friend.
• DYFS made reasonable efforts when required to reunify the child and the parent.
• DYFS determines that the child cannot be returned to his or her parent and that adoption is neither likely nor feasible.
• The relative has obtained kinship legal guardianship.
• The relative’s home meets the program standards articulated below for as long as the subsidy is paid.

A relative interested in being approved for a subsidy must meet the following standards:

• The relative is at least age 18.
• No household member has been responsible for an incident of child sexual abuse or child abuse or neglect that caused death or serious injury.
• The child’s parent does not reside in the relative’s home, unless an exception is made for limited circumstances including, but not limited to, when the parent is a minor or developmentally challenged and not capable of residing independently.
• The relative’s home is free from safety hazards and can provide appropriate sleeping arrangements for the child.
• The relative has adequate income to support himself or herself and each household member, so that all money received from the subsidy will be used for the ongoing care of the child.
• The relative understands the child’s need for protection and permanency and agrees to comply with conditions in the kinship legal guardianship court order regarding safety for the child.

Links to Agency Policies

New Jersey Department of Children and Families, Child Protection and Permanency Policy Manual, Vol. IV: Out-of-Home Placement, see Chapter D, Kinship Legal Guardianship

Current Through July 2013

Relative Placement for Foster Care and Guardianship

Citation: Ann. Stat. §§ 30:4C-12.1; 30:4C-15.8The Department of Children and Families shall initiate a search for relatives who may be willing and able to provide the care and support required by the child in its custody.

The department shall not be required to search for relatives as a placement or permanency option for an abandoned newborn, or other requirements that give preference to relatives, if the identity of the child and parents are unknown.

Requirements for Placement with Relatives

Citation: Ann. Stat. § 30:4C-12.1; Admin. Code § 10:122C-2.1The department shall complete an assessment of each interested relative’s ability to provide the care and support, including placement, required by the child.

In regulation: An applicant seeking to provide kinship care may be approved by the department to care for a child prior to the issuance of a license, provided that all of the following conditions are met:

• A life/safety inspection of the home reveals no health, safety, or fire hazards in the physical facility of the home and the premises where the home is located.
• A check of the department’s records of child abuse and neglect reveals that no adult residing in the home has been responsible for an incident of sexual abuse of a child, has been responsible for an incident of child abuse or neglect that caused serious injury or harm to a child, has caused death to a child through abuse or neglect, or has put a child at risk of serious injury or harm.
• A check of court records reveals that no person residing in the home has been convicted of a crime specified in Statutes § 30:4C-26.8.
• The applicant submits a Resource Family Parent Home Study/Licensing Application within 5 days following the placement of a child in the home.

The department shall begin the home study immediately after approving the application. If the application is denied, the department shall identify an appropriate alternative placement for the child.

Requirements for Placement of Siblings

Citation: Admin. Code §§ 10:46B-3.4; 10:122D-1.4When a child is placed outside his or her own home, he or she shall be placed with a relative whenever possible. To the extent possible, the child shall be placed with his or her siblings except where the child’s medical condition or disability would make such a placement clinically inappropriate.

A written visiting plan shall be developed to identify the type and frequency of visits to be instituted for every child in out-of-home placement, unless otherwise directed by the court. The visiting plan is included in the case plan and shall include visits with siblings, if any. Sibling visits may take place with parental visits or separately.

Relatives Who May Adopt

Citation: Ann. Stat. § 9:3-39.1A child may be placed for adoption with a brother, sister, aunt, uncle, grandparent, birth father, or stepparent.

Requirements for Adoption by Relatives

Citation: Ann. Stat. §§ 9:3-48; 9:3-54.2Whenever a petitioner is a brother, sister, grandparent, aunt, uncle, or birth father of the child, the order may limit the investigation to an inquiry concerning the status of the parents of the child and an evaluation of the petitioner.

Upon the request of a surrogate and not more than 30 days prior to the preliminary hearing, a search of the records of the central registry of domestic violence restraining orders, established pursuant to § 2C:25-34, may be conducted to determine whether a prospective adoptive parent or any member of the parent’s household has:

• Had a domestic violence restraining order entered against them
• Been charged with a violation of a court order involving domestic violence

A home study that includes a State and Federal criminal history records check and a check of child abuse and neglect records is required for each prospective adoptive parent and each adult residing in the home.

Current Through March 2016

What Are Reasonable Efforts

Citation: Ann. Stat. § 30:4C-15.1The term ‘reasonable efforts’ means attempts by an agency to assist parents in remedying the circumstances and conditions that led to placement of the child and to reinforce family structure, including:

• Consultation with the parent in developing a plan for appropriate services
• Providing the services agreed upon
• Informing the parent of the child’s progress, development, and health
• Facilitating appropriate visitation

When Reasonable Efforts Are Required

Citation: Ann. Stat. § 30:4C-11.1Reasonable efforts must be made:

• Prior to placement, to preserve the family in order to prevent the need for removing the child from the home
• After placement, to make it possible for the child to return home safely
• In any case where reunification is not the permanency plan, to place the child in a timely manner and finalize the permanent placement of the child

When Reasonable Efforts Are NOT Required

Citation: Ann. Stat. §§ 30:4C-11.2; 30:4C-11.3Reasonable efforts to reunify the child with the family are not required when:

• The parent has subjected the child to aggravated circumstances of abuse, neglect, cruelty, or abandonment.
• The parent has been convicted of murder or manslaughter of a child; aiding, abetting, or attempting to commit such a crime; or committing or attempting to commit an assault resulting in serious bodily injury to a child.
• The parent’s parental rights to another child have been terminated involuntarily.

Reasonable efforts to prevent placement are not required when:

• Removal of the child was necessary due to imminent danger to the child’s life, safety, or health.
• Efforts to prevent placement were not reasonable due to risk of harm to the child’s health or safety.

Current Through February 2015

Who Can Nominate a Standby Guardian

Citation: Ann. Stat. § 3B:12-72A parent or legal custodian may petition the court to appoint a standby guardian.

How to Establish a Standby Guardian

Citation: Ann. Stat. §§ 3B:12-72; 3B:12-74; 3B:12-77A petition for the judicial appointment of a standby guardian of a minor child shall state:

• The triggering event or events that shall cause the authority of the appointed standby guardian to become effective
• That there is a significant risk that the parent or legal custodian will die, become incapacitated, or become debilitated as a result of a progressive chronic condition or a fatal illness
• The name, address, and qualifications of the proposed standby guardian

The parent or legal custodian may choose a standby guardian by means of a written designation that names the standby guardian in the event of the designator’s death, incapacity, or debilitation. The written designation shall reasonably identify the designator, the minor child, and the standby guardian. The written designation shall be signed by the designator in the presence of two witnesses who shall also sign the designation.

The designation shall state the triggering event by which the parent or legal custodian intends the designated standby guardianship of the minor child to be activated. An optional designation form is provided in the statute.

Children who are age 14 or older must be notified and the court will consider their preference.

How Standby Authority is Activated

Citation: Ann. Stat. § 3B:12-73Upon the occurrence of a triggering event, the standby guardian is empowered to immediately assume his or her duties. If the triggering event is the incapacity or debilitation of the parent or legal custodian, the attending physician shall provide a copy of his determination to the appointed standby guardian.

Within 60 days, the standby guardian must file a petition with the court for confirmation of guardianship. The confirmation petition shall include a determination of incapacity or debilitation or a death certificate, as appropriate.

Involvement of the Noncustodial Parent

Citation: Ann. Stat. § 3B:12-72
Notice of a hearing must be served to any parent who has parental rights within 30 days of filing the petition. If, after a diligent search, the noncustodial parent cannot be found, the court may proceed.

No notice is required to a parent who is deceased or whose rights have been previously terminated.

Authority Relationship of the Parent and the Standby

Citation: Ann. Stat. §§ 3B:12-73; 3B:12-74Commencement of the duties of the standby guardian shall confer upon the appointed standby guardian shared authority with the custodial parent or legal custodian of the minor child, unless the petition states otherwise.

Appointment of a standby guardian shall not involuntarily deprive any parent of parental rights.

Withdrawing Guardianship

Citation: Ann. Stat. § 3B:12-73A standby guardian may decline appointment at any time before the assumption of his or her duties by filing a written statement to that effect with the court, with notice to the petitioner and to the minor child if the latter is age 14 or older.

A parent or legal custodian may revoke a standby guardianship by executing a written revocation, filing it with the court where the petition was filed, and promptly notifying the appointed standby guardian of the revocation.

An unwritten revocation may be considered by the court if the revocation can be proved by clear and convincing evidence submitted to the court.