CHAPTER 53
An Act concerning children and families, revising parts of statutory law and making an
appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1977, c.367 (C.9:3-37) is amended to read as follows:
C.9:3-37 Liberal construction; rights of affected persons.
1. This act shall be liberally construed to the end that the best interests of children be
promoted and that the safety of children be of paramount concern. Due regard shall be given
to the rights of all persons affected by an adoption.
2. Section 2 of P.L.1977, c.367 (C.9:3-38) is amended to read as follows:
C.9:3-38 Definitions.
2. For the purposes of this act:
a. "Approved agency" means a nonprofit corporation, association or agency, including any public agency, approved by the Department of Human Services for the purpose of placing children for adoption in New Jersey;
b. "Child" means a person under 18 years of age;
c. "Custody" means the general right to exercise continuing control over the person of a child derived from court order or otherwise;
d. "Guardianship" means the right to exercise continuing control over the person or property or both of a child which includes any specific right of control over an aspect of the child's upbringing derived from court order;
e. "Guardian ad litem" means a qualified person, not necessarily an attorney, appointed by the court under the provisions of this act or at the discretion of the court to represent the interests of the child whether or not the child is a named party in the action;
f. "Parent" means a birth parent or parents, including the birth father of a child born out of wedlock who has acknowledged the child or to whom the court has ordered notice to be given, or a parent or parents by adoption;
g. "Placement for adoption" means the transfer of custody of a child to a person for the purpose of adoption by that person;
h. "Plaintiff" means a prospective parent or parents who have filed a complaint for adoption;
i. "Legal services" means the provision of counseling or advice related to the law and procedure for adoption of a child, preparation of legal documents, or representation of any person before a court or administrative agency;
j. "Surrender" means a voluntary relinquishment of all parental rights by a birth parent, previous adoptive parent, or other person or agency authorized to exercise these rights by law, court order or otherwise, for purposes of allowing a child to be adopted;
k. "Home study" means an approved agency's formal assessment of the capacity and readiness of prospective adoptive parents to adopt a child, including the agency's written report and recommendations conducted in accordance with rules and regulations promulgated by the Director of the Division of Youth and Family Services; and
l. "Intermediary" means any person, firm, partnership, corporation, association or agency,
which is not an approved agency as defined in this section, who acts for or between any parent
and any prospective parent or acts on behalf of either in connection with the placement of the
parent's child for adoption in the State or in any other state or country. An intermediary in any
other state or country shall not receive money or other valuable consideration in connection with
the placement of a child for adoption in this State. An intermediary in this State shall not
receive money or other valuable consideration in connection with the placement of a child for
adoption in this State or in any other state or country. The provisions of this subsection shall
not be construed to prohibit the receipt of money or other valuable consideration specifically
authorized in section 18 of P.L.1993, c.345 (C.9:3-39.1).
C.9:3-45.2 Foster parent notice, opportunity to be heard.
3. In any case in which the Division of Youth and Family Services accepts a child in its
care or custody, the child's foster parent, preadoptive parent or relative providing care for the
child, as applicable, shall receive written notice of and an opportunity to be heard at any review
or hearing held with respect to the child, but the foster parent, preadoptive parent or relative
shall not be made a party to the review or hearing solely on the basis of the notice and
opportunity to be heard.
4. Section 1 of P.L.1971, c.437 (C.9:6-8.8) is amended to read as follows:
C.9:6-8.8 Health, safety of child paramount concern.
1. a. The purpose of this act is to provide for the protection of children under 18 years of age who have had serious injury inflicted upon them by other than accidental means. The safety of the children served shall be of paramount concern. It is the intent of this legislation to assure that the lives of innocent children are immediately safeguarded from further injury and possible death and that the legal rights of such children are fully protected.
b. (1) In accordance with the provisions of paragraphs (2), (3), and (4) of this subsection, 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.
(2) In any case in which the division accepts a child in care or custody, the division shall make reasonable efforts, prior to placement, to preserve the family in order to prevent the need for removing the child from his home. After placement, the division shall make reasonable efforts to make it possible for the child to safely return to his home.
(3) 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.
(4) In any case in which family reunification is not the permanency plan for the child,
reasonable efforts shall be made to place the child in a timely manner and to complete the steps
necessary to finalize the permanent placement of the child.
C.9:6-8.19a Foster parent notice, opportunity to be heard.
5. In any case in which the Division of Youth and Family Services accepts a child in its
care or custody, the child's foster parent, preadoptive parent or relative providing care for the
child, as applicable, shall receive written notice of and an opportunity to be heard at any review
or hearing held with respect to the child, but the foster parent, preadoptive parent or relative
shall not be made a party to the review or hearing solely on the basis of the notice and
opportunity to be heard.
6. Section 2 of P.L.1974, c.119 (C.9:6-8.22) is amended to read as follows:
C.9:6-8.22 Jurisdiction of Superior Court, Chancery Division, Family Part.
2. The Superior Court, Chancery Division, Family Part in each county shall have
jurisdiction over all noncriminal proceedings involving alleged cases of child abuse or neglect,
and shall be charged with the immediate protection of said children, whereby the safety of the
children shall be of paramount concern. All noncriminal cases involving child abuse shall be
commenced in or transferred to this court from other courts as they are made known to the other
courts. Commencement of cases of child abuse or neglect must be the first order of priority in
the Family Part.
7. Section 4 of P.L.1974, c.119 (C.9:6-8.24) is amended to read as follows:
C.9:6-8.24 Jurisdiction.
4. Jurisdiction. a. Notwithstanding any other law to the contrary, the Superior Court, Chancery Division, Family Part has exclusive original jurisdiction over noncriminal proceedings under this act alleging the abuse or neglect of a child.
b. In determining the jurisdiction of the court under this act, the age of the child at the time the proceedings are initiated is controlling.
c. In determining the jurisdiction of the court under this act, the child need not be currently in the care or custody of his parent or guardian, as defined herein.
d. If the matter in regard to the parent or guardian is referred to the county prosecutor by the Family Part or otherwise the Family Part may continue the proceeding under this act in regard to the child after such referral. If the proceeding in regard to the child is continued, the Family Part shall enter any preliminary order necessary to protect the interests of the child pending a final order from the criminal courts.
e. Any hearing held before the Family Part may serve as a permanency hearing to provide
judicial review and approval of a permanency plan for the child if all the requirements of section
50 of P.L.1999, c.53 (C.30:4C-61.2) are met.
8. Section 8 of P.L.1974, c.119 (C.9:6-8.28) is amended to read as follows:
C.9:6-8.28 Preliminary orders of court before preliminary hearing held.
8. Preliminary orders of court before preliminary hearing held. a. The Superior Court, Chancery Division, Family Part may enter an order, whereby the safety of the child shall be of paramount concern, directing the temporary removal of a child from the place where he is residing before a preliminary hearing under this act, if (1) the parent or other person legally responsible for the child's care is absent or, though present, was asked and refused to consent to the temporary removal of the child and was informed of an intent to apply for any order under this section; and (2) the child appears so to suffer from the abuse or neglect of his parent or guardian that his immediate removal is necessary to avoid imminent danger to the child's life, safety or health; and (3) there is not enough time to hold a preliminary hearing.
b. The order shall specify the facility to which the child is to be brought.
c. The Family Part may enter an order authorizing a physician or hospital to provide emergency medical or surgical procedures before a preliminary hearing is held under this act if (1) such procedures are necessary to safeguard the life or health of the child; and (2) there is not enough time to hold a preliminary hearing under section 11 hereof.
d. Any person who originates a proceeding pursuant to section 14 of this act may apply for through the Division of Youth and Family Services or the court on its own motion may issue, an order of temporary removal. The division shall make every reasonable effort to inform the parent or guardian of any such application, confer with a person wishing to make such an application and make such inquiries as will aid the court in disposing of such application. Within 24 hours the Division of Youth and Family Services shall report such application to the central registry of the division.
e. Any person acting under the authority of this act may request and shall receive
appropriate assistance from local and State law enforcement officials.
9. Section 9 of P.L.1974, c.119 (C.9:6-8.29) is amended to read as follows:
C.9:6-8.29 Removal of child without court order.
9. a. A police officer or a designated employee of the Probation Division or a designated employee of the division may remove a child from the place where he is residing, or any such person or any physician treating such child may keep a child in his custody without an order pursuant to section 8 of P.L.1974, c.119 (C.9:6-8.28) and without the consent of the parent or guardian regardless of whether the parent or guardian is absent, if the child is in such condition that his continuance in said place or residence or in the care and custody of the parent or guardian presents an imminent danger to the child's life, safety or health, and there is insufficient time to apply for a court order pursuant to section 8 of P.L.1974, c.119 (C.9:6-8.28), or any physician or hospital treating such child may keep a child in custody pursuant to P.L.1973, c.147 (C.9:6-8.16 et seq.). The Division of Youth and Family Services shall not be required to provide reasonable efforts to prevent placement if removal of the child is necessary due to imminent danger to the child's life, safety or health in accordance with section 24 of P.L. 1999, c.53 (C.30:4C-11.2).
b. If a person authorized by this section removes or keeps custody of a child, he shall (1) inform the division immediately; (2) bring the child immediately to a place designated by the division for this purpose, and (3) make every reasonable effort to inform the parent or guardian of the facility to which he has brought the child.
c. Any person or institution acting in good faith in the removal or keeping of a child pursuant to this section shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of such removal or keeping.
d. Any person acting under the authority of this act may request and shall receive
appropriate assistance from local and State law enforcement officials.
10. Section 11 of P.L.1974, c.119 (C.9:6-8.31) is amended to read as follows:
C.9:6-8.31 Preliminary orders after filing of complaint.
11. Preliminary orders after filing of complaint. a. In any case where the child has been removed without court order, except where action has been taken pursuant to P.L.1973, c.147 (C.9:6-8.16 et seq.) the Superior Court, Chancery Division, Family Part shall hold a hearing on the next court day, whereby the safety of the child shall be of paramount concern, to determine whether the child's interests require protection pending a final order of disposition. In any other case under this act, any person who may originate a proceeding may apply for, or the court, on its own motion, may order a hearing at any time after the complaint is filed to determine, with the safety of the child of paramount concern, whether the child's interests require protection pending a final order of disposition.
b. Upon such hearing, if the court finds that continued removal is necessary to avoid an ongoing risk to the child's life, safety or health, it shall affirm the removal of the child to an appropriate place or place him in the custody of a suitable person.
If the court determines that removal of the child by a physician, police officer, designated employee of the Probation Division or designated employee of the Division of Youth and Family Services was necessary due to imminent danger to the child's life, safety or health, the court shall find that the Division of Youth and Family Services was not required to provide reasonable efforts to prevent placement of the child in accordance with section 24 of P.L.1999, c.53 (C.30:4C-11.2).
c. Upon such hearing the court may, for good cause shown, issue a preliminary order of protection which may contain any of the provisions authorized on the making of an order of protection under section 35 of P.L.1974, c.119 (C.9:6-8.55).
d. Upon such hearing, the court may, for good cause shown, release the child to the custody of his parent or guardian from whose custody or care the child was removed, pending a final order of disposition, in accord with section 33 of P.L.1974, c.119 (C.9:6-8.53).
e. Upon such hearing, the court may authorize a physician or hospital to provide medical or surgical procedures if such procedures are necessary to safeguard the child's life or health.
f. If the court grants or denies a preliminary order requested pursuant to this section, it shall state the grounds for such decision.
g. In all cases involving abuse or neglect the court shall order an examination of the child
by a physician appointed or designated for the purpose by the division. As part of such
examination, the physician shall arrange to have color photographs taken as soon as practical
of any areas of trauma visible on such child and may if indicated, arrange to have a radiological
examination performed on the child. The physician, on the completion of such examination,
shall forward the results thereof together with the color photographs to the court ordering such
examination.
11. Section 12 of P.L.1974, c.119 (C.9:6-8.32) is amended to read as follows:
C.9:6-8.32 Hearing to determine if child to be returned.
12. Upon the application of the parent or guardian of a child temporarily removed under this
act, the court shall hold a hearing, whereby the safety of the child shall be of paramount
concern, to determine whether the child should be returned; a. if there has not been a hearing
on the removal of the child at which the parent or guardian was present or had an adequate
opportunity to be present; or b. upon good cause shown. Except for good cause shown, such
hearing shall be held within three court days of the application. Upon such hearing, the court
shall grant the application, unless it finds that such return presents an imminent risk to the
child's life, safety or health.
12. Section 15 of P.L.1974, c.119 (C.9:6-8.35) is amended to read as follows:
C.9:6-8.35 Preliminary procedure.
15. Preliminary procedure. The division may, with the safety of the child of paramount concern:
a. Confer with any person seeking to file a complaint, the potential respondent, and other interested persons concerning the advisability of filing a complaint under this act; and
b. Attempt to adjust suitable cases before a complaint is filed over which the court apparently would have jurisdiction.
c. The division shall not prevent any person or agency who wishes to file a complaint under this act from having access to the court for that purpose.
d. Efforts at adjustment under this section may not extend for a period of more than 30 days without an order of a judge of the court, who may extend the period for an additional 30 days.
e. Such adjustment may include a preliminary conference held by the division at its discretion upon written notice to the parent or guardian and the potential complainant for the purpose of attempting such adjustment, provided however that the division shall not be authorized under this section to compel any person to appear at any conference, produce any papers, or visit any place.
f. The Superior Court, Chancery Division, Family Part and the division shall deal with
cases involving imminent physical harm or actual physical harm on a priority basis.
13. Section 20 of P.L.1974, c.119 (C.9:6-8.40) is amended to read as follows:
C.9:6-8.40 Records involving abuse or neglect.
20. Records involving abuse or neglect. When the division receives a report or complaint
that a child may be abused or neglected; when the division provides services to a child; or when
the division receives a request from the Superior Court, Chancery Division, Family Part to
investigate an allegation of abuse or neglect, the division may request of any and all public or
private institutions, or agencies including law enforcement agencies, or any private
practitioners, their records past and present pertaining to that child and other children under the
same care, custody and control. The division shall not be charged a fee for the copying of the
records. Records kept pursuant to the "New Jersey Code of Juvenile Justice," P.L.1982, c.77
(C.2A:4A-20 et seq.) may be obtained by the division, upon issuance by a court of an order on
good cause shown directing these records to be released to the division for the purpose of aiding
in evaluation to determine if the child is abused or neglected. In the release of the
aforementioned records, the source shall have immunity from any liability, civil or criminal.
14. Section 29 of P.L.1974, c.119 (C.9:6-8.49) is amended to read as follows:
C.9:6-8.49 Priority to certain proceedings.
29. To ensure that the safety of children is of paramount concern, when scheduling hearings
and investigations, the court shall give priority to proceedings under this act involving imminent
or actual physical harm, or in which a child has been removed from home before a final order
of disposition. Any adjournment granted in the course of such a proceeding should be for as
short a time as possible.
15. Section 34 of P.L.1974, c.119 (C.9:6-8.54) is amended to read as follows:
C.9:6-8.54 Placement of child.
34. a. For the purpose of section 31 of P.L.1974, c.119 (C.9:6-8.51), the court may place the child in the custody of a relative or other suitable person or the division for the placement of a child after a finding that the division has made reasonable efforts to prevent placement or that reasonable efforts to prevent placement were not required in accordance with section 24 of P.L.1999, c.53 (C.30:4C-11.2).
b. (1)Placements under this section may be for an initial period of 12 months and the court, in its discretion, may at the expiration of that period, upon a hearing make successive extensions for additional periods of up to one year each. The court on its own motion may, at the conclusion of any period of placement, hold a hearing concerning the need for continuing the placement.
(2) The court shall conduct a permanency hearing for the child no later than 30 days after placement in cases in which the court has determined that reasonable efforts to prevent placement are not required pursuant to subsection a. of this section, or no later than 12 months after placement in cases in which the court has determined that efforts to reunify the child with the parent or guardian are required. The hearing shall include, but not necessarily be limited to, consideration and evaluation of information provided by the division and other interested parties regarding such matters as those listed in subsection c. of section 50 of P.L.1999, c.53 (C.30:4C-61.2).
(3) The court shall review the permanency plan for the child periodically, as deemed appropriate by the court, to ensure that the permanency plan is achieved.
c. No placement may be made or continued under this section beyond the child's eighteenth birthday without his consent.
d. If the parent or person legally responsible for the care of any such child or with whom
such child resides receives public assistance and care, any portion of which is attributable to
such child, a copy of the order of the court providing for the placement of such child from his
home shall be furnished to the appropriate county welfare board, which shall reduce the public
assistance and care furnished to such parent or other person by the amount attributable to such
child.
16. Section 2 of P.L.1997, c.175 (C.9:6-8.84) is amended to read as follows:
C.9:6-8.84 Definitions relative to child abuse, neglect.
2. As used in this act:
"Board" means the Child Fatality and Near Fatality Review Board established under P.L.1997, c.175 (C.9:6-8.83 et al.).
"Child" means any person under the age of 18.
"Commissioner" means the Commissioner of Human Services.
" Reasonable efforts" means attempts by an agency authorized by the Division of Youth and Family Services to assist the parents in remedying the circumstances and conditions that led to the placement of the child and in reinforcing the family structure, as defined in section 7 of P.L.1991, c.275 (C.30:4C-15.1).
"Division" means the Division of Youth and Family Services in the Department of Human Services.
"Near fatality" means a case in which a child is in serious or critical condition, as certified by a physician.
"Panel" means a citizen review panel as established under P.L.1997, c.175 (C.9:6-8.83 et al.).
"Parent or guardian" means a person defined pursuant to section 1 of P.L.1974, c.119 (C.9:6-8.21) who has the responsibility for the care, custody or control of a child or upon whom there is a legal duty for such care.
"Sexual abuse" means contacts or actions between a child and a parent or caretaker for the purpose of sexual stimulation of either that person or another person. Sexual abuse includes:
a. the employment, use, persuasion, inducement, enticement or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or simulation of such conduct;
b. sexual conduct including molestation, prostitution, other forms of sexual exploitation of children or incest; or
c. sexual penetration and sexual contact as defined in N.J.S.2C:14-1 and a prohibited sexual act as defined in N.J.S.2C:24-4.
"Significant bodily injury" means a temporary loss of the functioning of any bodily member or organ or temporary loss of any one of the five senses.
"Withholding of medically indicated treatment" means the failure to respond to a child's life-threatening conditions by providing treatment, including appropriate nutrition, hydration, and medication which, in the treating physician's reasonable judgment, will most likely be effective in ameliorating or correcting all such conditions. The term does not include the failure to provide treatment, other than appropriate nutrition, hydration, or medication to a child when, in the treating physician's reasonable medical judgment:
a. the child is chronically and irreversibly comatose;
b. the provision of such treatment would merely prolong dying, not be effective in ameliorating or correcting all of the child's life-threatening conditions, or otherwise be futile in terms of the survival of the child; or
c. the provision of such treatment would be virtually futile in terms of the survival of the
child and the treatment itself under such circumstances would be inhumane.
17. Section 5 of P.L.1997, c.175 (C.9:6-8.87) is amended to read as follows:
C.9:6-8.87 Exception to requirement to provide reasonable efforts to reunify child with parent.
5. In any case in which the division accepts a child in care or custody, including placement,
the division shall not be required to provide reasonable efforts to reunify the child with a parent
if an exception to the requirement to provide reasonable efforts has been established in
accordance with section 25 of P.L.1999, c.53 (C.30:4C-11.3).
18. Section 2 of P.L.1991, c.290 (C.9:6B-2) is amended to read as follows:
C.9:6B-2 Findings, declarations.
2. The Legislature finds and declares that:
a. A child placed outside his home by the Department of Human Services, the Department of Health and Senior Services or a board of education, or an agency or organization with which the applicable department contracts to provide services has certain specific rights separate from and independent of the child's parents or legal guardian by virtue of his placement in another residential setting;
b. The State has an affirmative obligation to recognize and protect these rights through its articulation of a clear and specific bill of rights that reflects the best interests of the child whereby the safety of the child is of paramount concern and an affirmation by the State of its commitment to enforce these rights in order to protect and promote the welfare of the child placed outside his home; and
c. The obligation of the State to recognize and protect the rights of the child placed outside
his home shall be fulfilled in the context of a clear and consistent policy to promote the child's
eventual return to his home or placement in an alternative permanent setting, which this
Legislature has expressly declared to be in the public interest in section 2 of the "Child
Placement Review Act," P.L.1977, c.424 (C.30:4C-51).
C.9:23-18 Authorization to enter into interstate compacts to enhance protection, permanency for children.
19. a. The Commissioner of Human Services is authorized on behalf of this State to develop, negotiate and enter into the Interstate Compact on Adoption and Medical Assistance and other interstate compacts, as determined by the commissioner to enhance protection and permanency for children. When so entered into, and for so long as it shall remain in force, such a compact shall have the force and effect of law.
b. A compact entered into pursuant to the authority conferred by subsection a. of this section shall include:
(1) a provision making it available for joinder by all states;
(2) a provision for withdrawal from the compact upon written notice to the parties, with a period of one year between the date of the notice and the effective date of the withdrawal;
(3) a requirement that the protections afforded by or pursuant to the compact be covered by a written agreement between the agency providing services and the parents, adoptive parents, or other caregiver for the child and that the protections continue in force for the duration of the written agreement for all children who, on the effective date of the withdrawal, are receiving services from a party state other than the one in which they reside; and
(4) such other provisions as may be appropriate to implement the proper administration of
the compact.
20. Section 1 of P.L.1951, c.138 (C.30:4C-1) is amended to read as follows:
C.30:4C-1 Administration of act in accordance with public policy.
1. 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:
(a) 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 interest to preserve the family unit;
(b) That the prevention and correction of dependency and delinquency among children should be accomplished so far as practicable through welfare services which will seek to continue the living of such children in their own homes;
(c) That necessary welfare services to children should be strengthened and extended through the development of private and voluntary agencies qualified to provide such services;
(d) That wherever in this State necessary welfare services are not available to children who are dependent or adjudged delinquent by proper judicial tribunal, or in danger of so becoming, then such services should be provided by this State until such times as they are made available by private and voluntary agencies;
(e) That the State may assist private, public and voluntary agencies to construct, purchase, upgrade or renovate youth facilities for the residential care or day treatment of children in need of these services; and
(f) That each child placed outside his 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; or through
an alternative permanent placement, if termination of parental rights is not appropriate.
21. Section 3 of P.L.1951, c.138 (C.30:4C-3) is amended to read as follows:
C.30:4C-3 Duties of Division of Youth and Family Services.
3. The Division of Youth and Family Services, in administering the provisions of this act, whereby the safety of children shall be of paramount concern, shall:
(a) provide care and custody for children eligible therefor in such manner that the children may, so far as practicable, continue to live in their own homes and family life be thereby preserved and strengthened;
(b) provide necessary welfare services as may be required by such children, so far as practicable, without assumption of custody;
(c) encourage the development of private and voluntary agencies qualified to provide welfare services for children to the end that through cooperative effort the need for such services may be limited or reduced; and
(d) for each child placed outside his home by the division, provide permanency through
return of the child 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;
or through an alternative permanent placement, if termination of parental rights is not
appropriate.
22. Section 11 of P.L.1951, c.138 (C.30:4C-11) is amended to read as follows:
C.30:4C-11 Application for care and custody; verification, investigation.
11. Whenever it shall appear that any child within this State is of such circumstances that the child's safety or welfare will be endangered unless proper care or custody is provided, an application setting forth the facts in the case may be filed with the Division of Youth and Family Services by a parent or other relative of such child, by a person standing in loco parentis to such child, by a person or association or agency or public official having a special interest in such child or by the child himself, seeking that the division accept and provide such care or custody of such child as the circumstances may require. Such application shall be in writing, and shall contain a statement of the relationship to or special interest in such child which justifies the filing of such application. The provisions of this section shall be deemed to include an application on behalf of an unborn child when the prospective mother is within this State at the time of application for such services.
Upon receipt of an application as provided in this section, the division shall verify the
statements set forth in such application and shall investigate all the matters pertaining to the
circumstances of the child. If upon such verification and investigation it shall appear (a) that
the safety or welfare of such child will be endangered unless proper care or custody is provided;
(b) that the needs of such child cannot properly be provided for by financial assistance as made
available by the laws of this State; (c) that there is no person legally responsible for the support
of such child whose identity and whereabouts are known and who is willing and able to provide
for the care and support required by such child; and (d) that such child, if suffering from a
mental or physical disability requiring institutional care, is not immediately admissible to any
public institution providing such care; then the division may accept and provide such care or
custody as the circumstances of such child may require.
C.30:4C-11.1 Health, safety of paramount concern in placement of child.
23. a. In accordance with the provisions of subsections b., c., and d. of this section, 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.
b. In any case in which the division accepts a child in care or custody, the division shall make reasonable efforts, prior to placement, to preserve the family in order to prevent the need for removing the child from his home. After placement, the division shall make reasonable efforts to make it possible for the child to safely return to his home.
c. 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.
d. In any case in which family reunification is not the permanency plan for the child,
reasonable efforts shall be made to place the child in a timely manner and to complete the steps
necessary to finalize the permanent placement of the child.
C.30:4C-11.2 Exceptions to requirement to make reasonable efforts to prevent placement of child.
24. In any case in which the Division of Youth and Family Services accepts a child in care or custody, including placement, the division shall not be required to provide reasonable efforts to prevent placement of the child if a court of competent jurisdiction has determined that both of the following criteria are met:
a. One of the following actions has occurred:
(1) the parent has subjected the child to aggravated circumstances of abuse, neglect, cruelty or abandonment,
(2) the parent has been convicted of murder, aggravated manslaughter or manslaughter of a child; aiding or abetting, attempting, conspiring or soliciting to commit murder, aggravated manslaughter or manslaughter of a child; committing or attempting to commit an assault that resulted, or could have resulted, in the significant bodily injury to a child; or committing a similarly serious criminal act which resulted, or could have resulted, in the death or significant bodily injury to a child,
(3) the rights of the parent to another of the parent's children have been involuntarily terminated or
(4) removal of the child was required due to imminent danger to the child's life, safety or health; and
b. Efforts to prevent placement were not reasonable due to risk of harm to the child's health or safety.
When determining whether reasonable efforts are required to prevent placement, the health
and safety of the child shall be of paramount concern to the court.
C.30:4C-11.3 Exceptions to requirement to provide reasonable efforts to reunify child with parent.
25. In any case in which the Division of Youth and Family Services accepts a child in care or custody, including placement, the division shall not be required to provide reasonable efforts to reunify the child with a parent if a court of competent jurisdiction has determined that:
a. The parent has subjected the child to aggravated circumstances of abuse, neglect, cruelty or abandonment;
b. The parent has been convicted of murder, aggravated manslaughter or manslaughter of a child; aiding or abetting, attempting, conspiring or soliciting to commit murder, aggravated manslaughter or manslaughter of a child; committing or attempting to commit an assault that resulted, or could have resulted, in significant bodily injury to a child; or committing a similarly serious criminal act which resulted, or could have resulted, in the death of or significant bodily injury to a child; or
c. The rights of the parent to another of the parent's children have been involuntarily terminated.
When determining whether reasonable efforts are required to reunify the child with the parent, the health and safety of the child and the child's need for permanency shall be of paramount concern to the court.
This section shall not be construed to prohibit the division from providing reasonable efforts to reunify the family, if the division determines that family reunification is in the child's best interests.
A permanency plan for the child may be established at the same hearing at which the court
determines that reasonable efforts are not required to reunify the child with the parent, if the
hearing meets all of the requirements of a permanency hearing pursuant to section 50 of
P.L.1999, c.53 (C.30:4C-61.2).
C.30:4C-11.4 Permanency hearing.
26. Any hearing held before the Family Part of the Chancery Division of the Superior Court
may serve as a permanency hearing to provide judicial review and approval of a permanency
plan for the child if all the requirements of section 50 of P.L.1999, c.53 (C.30:4C-61.2) are met.
27. Section 12 of P.L.1951, c.138 (C.30:4C-12) is amended to read as follows:
C.30:4C-12 Filing complaint; investigation; application for court order; hearing.
12. Whenever it shall appear that the parent or parents, guardian, or person having custody and control of any child within this State is unfit to be entrusted with the care and education of such child, or shall fail to provide such child with proper protection, maintenance and education, or shall fail to ensure the health and safety of the child, or is endangering the welfare of such child, a written or oral complaint may be filed with the Division of Youth and Family Services by any person or by any public or private agency or institution interested in such child. When such a complaint is filed by a public or private agency or institution, it shall be accompanied by a summary setting forth the reason for such complaint and other social history of the child and his family's situation which justifies such complaint; or, if this is not feasible, such summary shall be made available to the Division of Youth and Family Services as soon thereafter as possible. Upon receipt of a complaint as provided in this section, the Division of Youth and Family Services shall investigate, or shall cause to be investigated, the statements set forth in such complaint. If the circumstances so warrant, the parent, parents, guardian, or person having custody and control of the child shall be afforded an opportunity to file an application for care, as provided in section 11 of P.L.1951, c.138 (C.30:4C-11). If the parent, parents, guardian, or person having custody and control of the child shall refuse to permit or shall in any way impede investigation, and the division determines that further investigation is necessary in the best interests of the child, the division may thereupon apply to the Family Part of the Chancery Division of the Superior Court in the county where the child resides, for an order directing the parent, parents, guardian, or person having custody and control of the child to permit immediate investigation. The court, upon such application, may proceed to hear the matter in a summary manner and if satisfied that the best interests of the child so require may issue an order as requested.
If, after such investigation has been completed, it appears that the child requires care and supervision by the Division of Youth and Family Services or other action to ensure the health and safety of the child, but the parent, parents, guardian, or person having custody and control of the child continue to refuse to apply for care in the manner provided in section 11 of P.L.1951, c.138 (C.30:4C-11) or to take action to ensure the health and safety of the child, the division may apply to the Family Part of the Chancery Division of the Superior Court in the county where the child resides for an order making the child a ward of the court and placing such child under the care and supervision of the Division of Youth and Family Services.
The court, at a summary hearing held upon notice to the Division of Youth and Family Services, and to the parent, parents, guardian, or person having custody and control of the child, if satisfied that the best interests of the child so require, may issue an order as requested, which order shall have the same force and effect as the acceptance of a child for care by the division as provided in section 11 of P.L.1951, c.138 (C.30:4C-11); provided, however, that such order shall not be effective beyond a period of six months from the date of entry unless the court, upon application by the Division of Youth and Family Services, at a summary hearing held upon notice to the parent, parents, guardian, or person having custody of the child, extends the time of the order.
Immediately after the court's order and while the child is in the division's care, the division
shall initiate a search for the child's mother or father, if they are not known to the division. The
search shall be initiated within 30 days of the court order. The search will be completed when
all sources contacted have either responded to the inquiry or failed to respond within 45 days.
The results shall be valid for six months after the date it was completed.
C.30:4C-12.2 Foster parent notice, opportunity to be heard.
28. In any case in which the Division of Youth and Family Services accepts a child in its
care or custody, the child's foster parent, preadoptive parent or relative providing care for the
child, as applicable, shall receive written notice of and an opportunity to be heard at any review
or hearing held with respect to the child, but the foster parent, preadoptive parent or relative
shall not be made a party to the review or hearing solely on the basis of the notice and
opportunity to be heard.
29. Section 15 of P.L.1951, c.138 (C.30:4C-15) is amended to read as follows:
C.30:4C-15 Petition to terminate parental rights, conditions.
15. Whenever (a) it appears that a court wherein a complaint has been proffered as provided in chapter 6 of Title 9 of the Revised Statutes, has entered a conviction against the parent or parents, guardian, or person having custody and control of any child because of abuse, abandonment, neglect of or cruelty to such child; or (b) (Deleted by amendment, P.L.1991, c.275); (c) it appears that the best interests of any child under the care or custody of the Division of Youth and Family Services require that he be placed under guardianship; or (d) it appears that a parent or guardian of a child, following the acceptance of such child by the division pursuant to section 11 or 12 of P.L.1951, c.138 (C.30:4C-11 or 12), or following the placement or commitment of such child in the care of an authorized agency, whether in an institution or in a foster home, and notwithstanding the reasonable efforts of such agency to encourage and strengthen the parental relationship, has failed for a period of one year to remove the circumstances or conditions that led to the removal or placement of the child, although physically and financially able to do so, notwithstanding the division's reasonable efforts to assist the parent or guardian in remedying the conditions; (e) the parent has abandoned the child; or (f) the parent of a child has been found by a criminal court of competent jurisdiction to have committed murder, aggravated manslaughter or manslaughter of another child of the parent; to have aided or abetted, attempted, conspired, or solicited to commit such murder, aggravated manslaughter or manslaughter of the child or another child of the parent; or to have committed, or attempted to commit, an assault that resulted, or could have resulted, in the significant bodily injury to the child or another child of the parent; or the parent has committed a similarly serious act which resulted, or could have resulted, in the death or significant bodily injury to the child or another child of the parent; a petition to terminate the parental rights of the child's parents, setting forth the facts in the case, shall be filed by the division with the Family Part of the Chancery Division of the Superior Court in the county where such child may be at the time of the filing of such petition. A petition shall be filed as soon as any one of the circumstances in subsections (a) through (f) of this section 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 in accordance with section 31 of P.L.1999, c.53 (C.30:4C-15.3). Upon filing the petition, the division shall initiate concurrent efforts to identify, recruit, process and approve a qualified family to adopt the child.
A petition as provided in this section may be filed by any person or any association or
agency, interested in such child in the circumstances set forth in subsections (a) and (f) of this
section. The division shall seek to be joined as a party to a petition filed to terminate the
parental rights of a child in the care and custody of the division unless the division has
established an exception to the requirement to seek termination of parental rights in accordance
with section 31 of P.L.1999, c.53 (C.30:4C-15.3).
30. Section 7 of P.L.1991, c.275 (C.30:4C-15.1) is amended to read as follows:
C.30:4C-15.1 Termination of parental rights, standards.
7. a. The division shall initiate a petition to terminate parental rights on the grounds of the "best interests of the child" pursuant to subsection (c) of section 15 of P.L.1951, c.138 (C.30:4C-15) if the following standards are met:
(1) The child's safety, health or development has been or will continue to be endangered by the parental relationship;
(2) The parent is unwilling or unable to eliminate the harm facing the child or is unable or unwilling to provide a safe and stable home for the child and the delay of permanent placement will add to the harm. Such harm may include evidence that separating the child from his foster parents would cause serious and enduring emotional or psychological harm to the child;
(3) The division has made reasonable efforts to provide services to help the parent correct the circumstances which led to the child's placement outside the home and the court has considered alternatives to termination of parental rights; and
(4) Termination of parental rights will not do more harm than good.
b. The division shall initiate a petition to terminate parental rights on the ground that the "parent has abandoned the child" pursuant to subsection (e) of section 15 of P.L.1951, c.138 (C.30:4C-15) if the following standards are met:
(1) a court finds that for a period of six or more months:
(a) the parent, although able to have contact, has had no contact with the child, the child's foster parent or the division; and
(b) the parent's whereabouts are unknown, notwithstanding the division's reasonable efforts to locate the parent; or
(2) where the identities of the parents are unknown and the division has exhausted all reasonable methods of attempting identification, the division may immediately file for termination of parental rights upon the completion of the law enforcement investigation.
c. As used in this section and in section 15 of P.L.1951, c.138 (C.30:4C-15) "reasonable efforts" mean attempts by an agency authorized by the division to assist the parents in remedying the circumstances and conditions that led to the placement of the child and in reinforcing the family structure, including, but not limited to:
(1) consultation and cooperation with the parent in developing a plan for appropriate services;
(2) providing services that have been agreed upon, to the family, in order to further the goal of family reunification;
(3) informing the parent at appropriate intervals of the child's progress, development and health; and
(4) facilitating appropriate visitation.
d. The division shall not be required to provide " reasonable efforts" as defined in
subsection c. of this section prior to filing a petition for the termination of parental rights if an
exception to the requirement to provide reasonable efforts to reunify the family has been
established pursuant to section 25 of P.L.1999, c.53 (C.30:4C-11.3).
C.30:4C-15.3 Exemptions from requirement to file petition seeking termination of parental rights.
31. The Division of Youth and Family Services shall not be required to file a petition seeking the termination of parental rights if:
a. The child is being cared for by a relative and a permanent plan for the child can be achieved without termination of parental rights;
b. 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; or
c. The division is required to provide reasonable efforts to reunify the family but the
division 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 home.
32. Section 20 of P.L.1951, c.138 (C.30:4C-20) is amended to read as follows:
C.30:4C-20 Order terminating parental rights; committing child to guardianship.
20. If upon the completion of such hearing the court is satisfied that the best interests of such child require that he be placed under proper guardianship, such court shall make an order terminating parental rights and committing such child to the guardianship and control of the Division of Youth and Family Services, and such child shall thereupon become the legal ward of the division, which shall be the legal guardian of such child for all purposes, including the placement of such child for adoption.
If the court shall have made an interlocutory order as provided in section 17 of P.L.1951,
c.138 (C.30:4C-17), but at the final hearing a further order of commitment shall not be made
as provided in this section, the Division of Youth and Family Services shall return the child
forthwith to the parent or parents, guardian or person having had custody of the child
immediately prior to the filing of the petition; provided, however, that if the return does not
ensure the safety of the child or if the parent or parents, guardian or person having had custody
cannot be found or, for other reason satisfactory to the court, is unable to accept the child, the
division, upon order of the court, may place the child with such other person or persons who,
at the time of final hearing, expressed willingness to accept the child, but such order shall in no
wise be construed as a grant of custody or guardianship. In all such cases the interlocutory order
shall continue in full force and effect until the division shall have made disposition of the child
as provided herein or as otherwise provided by law, but in no case for a period longer than 30
days after the final hearing.
33. Section 2 of P.L.1992, c.139 (C.30:4C-26.11) shall be amended to read as follows:
C.30:4C-26.11 Findings, declarations.
2. The Legislature finds and declares that:
a. It is in the public interest, whereby the safety of the child is of paramount concern, to afford every child placed outside of his home by the Division of Youth and Family Services the opportunity for eventual return to his home or placement in an alternative permanent home;
b. If it has been determined that reuniting the child with the child's parents or placing the child for adoption will not serve a child's best interest, the child's best interest may be served through a transfer to long-term foster care custody with the child's foster parent; and
c. It is the purpose of this act to establish conditions and procedures for the transfer of a
child to long-term foster care custody.
34. Section 1 of P.L.1985, c.396 (C.30:4C-26.8) is amended to read as follows:
C.30:4C-26.8 Adoptive, foster parent; investigation.
1. a. A person, in addition to meeting other requirements as may be established by the Department of Human Services, shall become a foster parent or eligible to adopt a child only upon the completion of an investigation to ascertain if there is a State or federal record of criminal history for the prospective foster or adoptive parent or any other adult residing in the prospective parent's home. The investigation shall be conducted by the Division of State Police in the Department of Law and Public Safety and shall include an examination of its own files and the obtaining of a similar examination by federal authorities.
b. If the prospective foster or adoptive parent or any adult residing in the prospective parent's home has a record of criminal history, the Department of Human Services shall review the record with respect to the type and date of the criminal offense and make a determination as to the suitability of the person to become a foster parent or adoptive parent or the suitability of placing a child in that person's home, as the case may be.
c. For the purposes of this section, a conviction for one of the offenses enumerated in subsection d. or e. of this section has occurred if the person has been convicted under the laws of this State or any other state or jurisdiction for an offense that is substantially equivalent to the offenses enumerated in these subsections.
d. A person shall be disqualified from being a foster parent or shall not be eligible to adopt a child if that person or any adult residing in that person's household ever committed a crime which resulted in a conviction for:
(1) a crime against a child, including endangering the welfare of a child and child pornography pursuant to N.J.S.2C:24-4; or child abuse, neglect, or abandonment pursuant to R.S.9:6-3;
(2) murder pursuant to N.J.S. 2C:11-3 or manslaughter pursuant to N.J.S.2C:11-4;
(3) aggravated assault which would constitute a crime of the second or third degree pursuant to subsection b. of N.J.S.2C:12-1;
(4) stalking pursuant to P.L.1992, c.209 (C.2C:12-10);
(5) kidnapping and related offenses including criminal restraint; false imprisonment; interference with custody; criminal coercion; or enticing a child into a motor vehicle, structure, or isolated area pursuant to N.J.S.2C:13-1 through 2C:13-6;
(6) sexual assault, criminal sexual contact or lewdness pursuant to N.J.S.2C:14-2 through N.J.S.2C:14-4;
(7) robbery which would constitute a crime of the first degree pursuant to N.J.S.2C:15-1;
(8) burglary which would constitute a crime of the second degree pursuant to N.J.S.2C:18-2;
(9) domestic violence pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.);
(10) endangering the welfare of an incompetent person pursuant to N.J.S.2C:24-7 or endangering the welfare of an elderly or disabled person pursuant to N.J.S.2C:24-8;
(11) terrorist threats pursuant to N.J.S.2C:12-3;
(12) arson pursuant to N.J.S.2C:17-1, or causing or risking widespread injury or damage which would constitute a crime of the second degree pursuant to N.J.S.2C:17-2; or
(13) an attempt or conspiracy to commit an offense listed in paragraphs (1) through (12) of this subsection.
e. A person shall be disqualified from being a foster parent or shall not be eligible to adopt a child if that person or any adult residing in that person's household was convicted of one of the following crimes and the date of release from confinement occurred during the preceding five years:
(1) simple assault pursuant to subsection a. of N.J.S.2C:12-1;
(2) aggravated assault which would constitute a crime of the fourth degree pursuant to subsection b. of N.J.S.2C:12-1;
(3) a drug-related crime pursuant to P.L.1987, c.106 (C.2C:35-1 et seq.);
(4) robbery which would constitute a crime of the second degree pursuant to N.J.S.2C:15-1;
(5) burglary which would constitute a crime of the third degree pursuant to N.J.S.2C:18-2; or
(6) an attempt or conspiracy to commit an offense listed in paragraphs (1) through (5) of this subsection.
For the purposes of this subsection, the "date of release from confinement" means the date
of termination of court-ordered supervision through probation, parole, or residence in a
correctional facility, whichever date occurs last.
35. Section 1 of P.L.1989, c.21 (C.30:4C-26.9) is amended to read as follows:
C.30:4C-26.9 Provisional approval for foster parent.
1. The Department of Human Services may grant approval to a prospective foster parent
for a period not to exceed six months, upon completion of the State portion of the criminal
history record investigation required pursuant to P.L.1985, c.396 (C.30:4C-26.8), pending
completion and review of the federal portion of the criminal history record investigation
required pursuant to that act, if (1) the State portion of the criminal history record investigation
indicates no information which would disqualify the person, (2) the prospective foster parent
and any adult residing in the prospective foster parent's home submit a sworn statement to the
Department of Human Services attesting that the person does not have a record of criminal
history which would disqualify the person and (3) there is substantial compliance with
department standards for foster homes indicating there is no risk to a child's health or safety.
36. Section 4 of P.L.1992, c.139 (C.30:4C-26.13) is amended to read as follows:
C.30:4C-26.13 Filing of petition for long-term foster care.
4. The division may file a petition seeking long-term foster care custody of a child in the Family Part of the Chancery Division of the Superior Court. The petition shall be verified and shall show that:
a. The child has reached the age of 12, or there are unique circumstances which make the age of the child irrelevant;
b. Unless an exception to make reasonable efforts to reunify the family of the child has been established in accordance with section 25 of P.L.1999, c.53 (C.30:4C-11.3), reasonable efforts have been made for at least one year by the division to reunite the child with the child's family and it has been documented in the case record that the attempts have been unsuccessful; c. Reasonable efforts have been made by the division to place the child for adoption for at least one year and it has been documented in the case record that the attempts have been unsuccessful, or the division has made the determination that adoption is not in the child's best interests; and
d. The child has resided as a foster child in the home of the person seeking long-term foster care custody for at least one year and wishes to remain with his foster parent.
The division shall attach to the long-term foster care custody petition a written agreement
signed by the child and the child's foster parent and, where in concurrence, the child's parent,
which delineates the conditions of the custody arrangement. The consent of the child's parent
is desirable, but not necessary if all other conditions have been met.
37. Section 2 of P.L.1977, c.424 (C.30:4C-51) is amended to read as follows:
C.30:4C-51 Legislative declarations.
2. The Legislature declares that it is in the public interest, whereby the safety of children
shall be of paramount concern, to afford every child placed outside his home by the Division
of Youth and Family Services with the opportunity for eventual return to his home or placement
in an alternative permanent home; that it is the obligation of the State to promote this end
through effective planning and regular review of each child's placement; and that it is the
purpose of this act to establish procedures for both administrative and judicial review of each
child's placement in order to ensure that such placement ensures the safety and health and serves
the best interest of the child.
38. Section 3 of P.L.1977, c.424 (C.30:4C-52) is amended to read as follows:
C.30:4C-52 Definitions.
3. As used in this act, unless the context indicates otherwise:
a. "Child" means any person less than 18 years of age;
b. "Child placed outside his home" means a child under the care, custody or guardianship of the division, through voluntary agreement or court order, who resides in a foster home, group home, residential treatment facility, shelter for the care of abused or neglected children or juveniles considered as juvenile-family crisis cases, or independent living arrangement operated by or approved for payment by the division, or a child who has been placed by the division in the home of a person who is not related to the child and does not receive any payment for the care of the child from the division, or a child placed by the court in juvenile-family crisis cases pursuant to P.L.1982, c.77 (C.2A:4A-20 et seq.), but does not include a child placed by the court in the home of a person related to the child who does not receive any payment from the division for the care of the child;
c. "County of supervision" means the county in which the division has established responsibility for supervision of the child;
d. "Division" means the Division of Youth and Family Services in the Department of Human Services;
e. "Temporary caretaker" means a foster parent as defined in section 1 of P.L.1962, c.136 (C.30:4C-26.4) or a director of a group home or residential treatment facility;
f. "Designated agency" means an agency designated by the court pursuant to P.L.1982,
c.80 (C.2A:4A-76 et seq.) to develop a family services plan.
39. Section 4 of P.L.1977, c.424 (C.30:4C-53) is amended to read as follows:
C.30:4C-53 Filing notice of placement of child outside home.
4. Within five calendar days after the placement of a child outside his home pursuant to a voluntary agreement, the division or the designated agency, as the case may be, shall file notice of such placement with the Family Part of the Chancery Division of the Superior Court in the child's county of supervision. Such notice shall be in the form of a petition encaptioned "In the matter of................., a minor" and shall include the date and type of placement and the reasons for such placement, which shall include the specific efforts to prevent the placement or the specific situation which the division has documented to establish an exception to the requirement to make reasonable efforts to prevent placement in accordance with section 24 of P.L.1999, c.53 (C.30:4C-11.2). Such filing shall establish a continuing jurisdiction of the court over the placement of the child.
The division shall also file immediate notice with the court of any change in placement and
of the permanent placement or return home of the child. The court's jurisdiction shall cease
upon receipt of such notification of the return home or alternative permanent placement of the
child, except as permitted pursuant to subsection e. of section 8 of P.L.1984, c.85 (C.30:4C-61.1).
40. Section 1 of P.L.1991, c.448 (C.30:4C-53.1) is amended to read as follows:
C.30:4C-53.1 Findings, declarations.
1. The Legislature finds and declares that it is in the public interest, whereby the safety of children shall be of paramount concern, to afford every child placed outside his home by the division with permanency through return to his 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; or through an alternative permanent placement, if termination of parental rights is not appropriate:
a. Due to the severity of health and social problems such as AIDS, drug abuse and homelessness, the Division of Youth and Family Services in the Department of Human Services often works with families over a period of many years, and the children of these families often spend a majority of their young lives in foster care; and
b. Research has shown that the longer children remain in the foster care system, the greater number of placements they experience. As a result of these multiple placements, from birth family to foster home and from one foster home to another foster home, children develop emotional and psychological problems, making it more difficult for them to develop a positive self-image; and
c. For the majority of these children, placement in residential treatment facilities becomes the only viable option left to the division because it is more difficult for the division to find adoptive homes for them when, and if, adoption becomes a case goal; and
d. The obligation of the State to recognize and protect the rights of children in the child
welfare system should be fulfilled in the context of a clear and consistent policy which limits
the repeated placement of children in foster care and promotes the eventual placement of these
children in stable and safe permanent homes.
41. Section 3 of P.L.1991, c.448 (C.30:4C-53.3) is amended to read as follows:
C.30:4C-53.3 Revised, repeated placement plans, requisites.
3. a. The division shall not treat a child's repeated placement into foster care as an initial placement. The child's revised placement plan, updated at the time of the child's repeated placement, shall summarize the child's prior history with the division regarding previous placements, the findings of the child placement review board, as well as a copy of the court order for the removal of the child from the custody of his parents or guardian. The revised placement plan shall be used by the division when preparing the child's repeated placement plan pursuant to this section.
b. Whenever a child is placed again into foster care, the division shall prepare a repeated placement plan which shall ensure the goals of safety and permanency through the safe return of the child to his parents or, if this is not possible, through the State's assumption of guardianship for the purpose of finding the child an adoptive home or, if termination of parental rights is not appropriate, through an alternative permanent placement. The plan shall be prepared within 30 days after the child's repeated placement and submitted to the court. The plan shall be valid for 12 months after the date the child was placed again into foster care.
c. The repeated placement plan shall include, but not be limited to:
(1) The specific reasons for the repeated placement of the child, including a description of the problems or conditions in the home of the parents or guardian which necessitated the child's removal, and a summary of the efforts made by the division to prevent the child's repeated placement or the exception to the requirement to make reasonable efforts to prevent placement in accordance with section 24 of P.L.1999, c.53 (C.30:4C-11.2);
(2) The specific actions to be taken by the child's parents or guardian to eliminate the identified problems or conditions which were the basis of the child's repeated placement into foster care, which actions shall be taken within a specific time limit agreed upon by the child's caseworker and the parents or guardian;
(3) The social services to be provided to the child and the foster parents during the period the child is in foster care and the social services to be provided to the child's parent or guardian, or the exception to the requirement to make reasonable efforts toward family reunification in accordance with section 25 of P.L.1999, c.53 (C.30:4C-11.3), and the goal for the child and anticipated date for achieving the goal. The purpose of the supportive services shall be to promote the child's best interest and to facilitate his safe return to his home, placement for adoption or an alternative permanent placement. Services to facilitate adoption or an alternative permanent placement may be provided concurrently with services to reunify the child with the parent or guardian;
(4) An assessment of the division's ability to obtain a child's birth certificate, locate the child's parents for future contact and have access to the child's extended family, in the event that a plan for adoption or an alternative permanent placement becomes necessary;
(5) A stipulation that the child be placed with his prior foster family, if possible and if in the child's best interest, to provide the child with continuity and stability in his living environment; and
(6) A permanency plan for the child and the reasonable efforts of the division to achieve that plan, if: the division has established an exception to the requirement to provide reasonable efforts toward family reunification in accordance with section 25 of P.L.1999, c.53 (C.30:4C-11.3); or the child has, in any period of 22 consecutive months, been in any placement or placements for a total of 12 months.
The permanency plan shall include whether and, if applicable, when:
(a) the child will be returned to the parent or guardian, if the child can be returned home without endangering the child's health or safety;
(b) the division has determined that family reunification is not possible, and the division shall file a petition for the termination of parental rights for the purpose of adoption; or
(c) the division has determined that termination of parental rights is not appropriate in
accordance with section 31 of P.L.1999, c.53 (C.30:4C-15.3), and the child shall be placed in
an alternative permanent placement.
42. Section 4 of P.L.1991, c.448 (C.30:4C-53.4) is amended to read as follows:
C.30:4C-53.4 Determination by court as to placement.
4. If the division is required to provide reasonable efforts toward family reunification, and if the parents or guardian of the child are unwilling or unable to remedy the problems or conditions outlined in the child's repeated placement plan within the specified time limit despite reasonable efforts by the division, and if the permanency plan for the child requires the termination of parental rights, the division shall file a petition to terminate the rights of the child's parents with the family part of the Chancery Division of the Superior Court pursuant to section 15 of P.L.1951, c.138 (C.30:4C-15). The division shall concurrently provide services to facilitate the child's placement into an adoptive home.
The court shall set a hearing, with notice to all parties, on the guardianship petition within
45 days from the date the petition was filed.
43. Section 5 of P.L.1977, c.424 (C.30:4C-54) is amended to read as follows:
C.30:4C-54 Determination by court as to placement.
5. The court shall, within 15 days following receipt of the notice of the initial placement pursuant to a voluntary agreement, determine, based solely upon the petition and other affidavits and written materials submitted to the court, whether or not reasonable efforts have been made to prevent the placement and whether or not the continuation of the child in his home would be contrary to the welfare of the child, and either approve the placement or order the return of the child to his home, except that, lack of reasonable efforts to prevent placement shall not be the sole basis for the court's order of a return of the child to his home.
If the division has documented an exception to the requirement to provide reasonable efforts towards family reunification, the court shall make a finding of whether reasonable efforts are required in accordance with section 25 of P.L.1999, c.53 (C.30:4C-11.3). The child's health, safety and need for permanency shall be of paramount concern to the court when it makes its finding.
The court also may require the submission of supplementary material or schedule a summary hearing if:
a. The court has before it conflicting statements of material fact;
b. The court determines that it is in the best interest of the child; or
c. The child's parents or legal guardian requests the hearing.
The court shall provide written notice to the parties involved in the hearing at least five days
prior to the hearing. The court shall provide written notice of the date, time and place of such
hearing to the parents or legal guardian of the child, the child or the child's counsel, the child's
temporary caretaker, the division, and any other party the court deems appropriate. If the child's
caretaker is a foster parent, preadoptive parent or relative, the caretaker shall receive written
notice of and an opportunity to be heard at the hearing, but the caretaker shall not be made a
party to the hearing solely on the basis of the notice and opportunity to be heard.
44. Section 6 of P.L.1977, c.424 (C.30:4C-55) is amended to read as follows:
C.30:4C-55 Placement plans, requirements.
6. The division shall prepare and revise, when necessary, in consultation with the child's parents or legal guardian and, when appropriate, the child, a placement plan for each child placed outside his home. The placement plan shall include:
a. A statement of the goal for the permanent placement or return home of the child and anticipated date that the goal will be achieved;
b. The intermediate objectives relating to the attainment of the goal;
c. A statement of the duties and responsibilities of the division, the parents or legal guardian and the temporary caretaker, including the services to be provided by the division to the child and to the temporary caretaker;
d. 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 with section 25 of P.L.1999, c.53 (C.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; and
e. A permanency plan for the child and the division's reasonable efforts to achieve that plan, if: the division has established an exception to the requirement to provide reasonable efforts toward family reunification in accordance with section 25 of P.L.1999, c.53 (C.30:4C-11.3); or the child has been in placement for 12 months.
The permanency plan shall include whether and, if applicable, when:
(a) the child shall be returned to the parent or guardian, if the child can be returned home without endangering the child's health or safety;
(b) the division has determined that family reunification is not possible, and the division shall file a petition for the termination of parental rights for the purpose of adoption; or
(c) the division has determined that termination of parental rights is not appropriate in
accordance with section 31 of P.L.1999, c.53 (C.30:4C-15.3) and the child shall be placed in
an alternative permanent placement.
45. Section 9 of P.L.1977, c.424 (C.30:4C-58) is amended to read as follows:
C.30:4C-58 Review of placements.
9. Each board shall act on behalf of the Family Part of the Chancery Division of the Superior Court in reviewing the case of every child placed outside his home pursuant to a voluntary agreement, to determine whether the best interests and safety of the child are being served by such placement.
Each board shall also act on behalf of the Family Part of the Chancery Division of the Superior Court in reviewing the case of each child placed outside his home by the division in accordance with a court order pursuant to P.L.1974, c.119 (C.9:6-8.21 et seq.), section 12 of P.L.1951, c.138 (C.30:4C-12), section 24 of P.L.1982, c.77 (C.2A:4A-43) or section 25 of P.L.1982, c.77 (C.2A:4A-44). The division or designated agency shall submit to the board within 30 days of a child's placement, a placement plan prepared in accordance with the provisions of P.L.1977, c.424 (C.30:4C-50 et seq.).
A board shall initiate a review of a placement pursuant to a voluntary agreement or in accordance with a court order within 45 days following the initial or repeated placement and shall complete the review within 15 days thereafter. A periodic review shall take place at least every 12 months thereafter.
The board may schedule additional reviews on its own motion, upon the request of any person listed in section 5 of P.L.1977, c.424 (C.30:4C-54) or upon an order of the court.
Notwithstanding the provisions of section 3 of P.L.1977, c.424 (C.30:4C-52) to the contrary, if a child placed outside his home attains 18 years of age or older and his out of home placement costs are being paid by the division, the board shall continue to conduct periodic reviews until the division terminates supervision.
All such reviews shall include, but not necessarily be limited to, the consideration and evaluation of such matters as:
a. The appropriateness of the goal and objectives of the placement plan and anticipated date that the goal will be achieved;
b. The appropriateness of the services provided to the child and to the temporary caretaker;
c. Whether the child has siblings who are also placed outside of their home;
d. Whether the wishes of the child were considered regarding placement and development of the placement plan, when appropriate;
e. Whether the division, the parents or legal guardian and the temporary caretaker are fulfilling their respective responsibilities in accordance with the placement plan;
f. 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;
g. Whether there are obstacles which hinder or prevent the attainment of the placement plan objectives and goal;
h. The circumstances surrounding the placement;
i. The appropriateness of the services provided to the parent or legal guardian or the circumstances which do not require the division to make reasonable efforts toward family reunification in accordance with section 25 of P.L.1999, c.53 (C.30:4C-11.3); and
j. The appropriateness of the division's permanency plan and the division's reasonable efforts to achieve that plan, if an exception to the requirement to provide reasonable efforts toward family reunification has been established in accordance with section 25 of P.L.1999, c.53 (C.30:4C-11.3) or the child has been in placement for 12 months.
In the case of a child in placement outside of his home on the effective date of this act, the
first review shall be completed as soon as possible, but not later than 12 months following such
effective date.
46. Section 10 of P.L.1977, c.424 (C.30:4C-59) is amended to read as follows:
C.30:4C-59 Written notice in advance of review.
10. Each board shall provide written notice of the date, time and place of each review at least 15 days in advance to the following, each of whom shall be entitled to attend the review and to submit information in writing to the board:
a. The division or agency;
b. The child;
c. The parents including a non-custodial parent or legal guardian;
d. The temporary caretaker;
e. Any other person or agency whom the board determines has an interest in or information relating to the welfare of the child;
f. The counsel for a parent, child or other interested party who has provided or is providing representation in the case before the board; and
If the child's caretaker is a foster parent, preadoptive parent or relative, the caretaker shall receive written notice of and an opportunity to be heard at the review, but the caretaker shall not be made a party to the review solely on the basis of the notice and opportunity to be heard.
The board may determine who may be in attendance at any particular portion of its meeting. Nothing herein shall be interpreted to exclude judges and court support staff from attending review board meetings.
The written notice shall inform the person of his right to attend the review and to submit written information and shall be prepared in a manner which will encourage the person's attendance at the review.
Notice to the child may be waived by the court on a case by case basis either on its own motion or on the petition of any of the above persons in cases where the court determines that notice would be harmful to the child. A waiver of notice to the child shall not waive the notice requirement to counsel for the child or other representatives of the child.
The review board may seek information from any agency which has been involved with the child, parents or legal guardian or temporary caretaker. If the agency fails to provide the requested information, the court may, upon the request of the board, issue a subpena to the agency for the information.
The board shall conduct a review and make recommendations based upon the written materials; provided, however, that the board shall afford any party or person entitled to notice pursuant to this section a reasonable opportunity to appear and to present his views and recommendations. Upon the request of the board, the Family Part of the Chancery Division of the Superior Court may subpena a person to attend the review board meeting.
A designated agency shall provide relevant and necessary information to the board regarding
a child who is reviewed by the board.
47. Section 11 of P.L.1977, c.424 (C.30:4C-60) is amended to read as follows:
C.30:4C-60 Submission of report.
11. Within 10 days after the completion of such review, the board shall submit a written report to the Family Part of the Chancery Division of the Superior Court and the division. Such report shall offer one of the following findings, stating the specific reasons therefor:
a. That continued placement of the child outside of the home is not in the child's best interest and the child should be returned home within two weeks and that the division or designated agency, as appropriate, shall provide reasonable and available services which are necessary to implement the return home;
b. That continued placement outside of the home is in the child's best interest on a temporary basis until the long-term goal is achieved, which long-term goal is:
(1) Return to the child's parents or legal guardian,
(2) Adoption,
(3) Permanent placement with a relative,
(4) Long-term foster care custody,
(5) Independent living,
(6) Institutionalization, or
(7) An alternative permanent placement;
c. That continued placement outside of the home on a temporary basis is in the child's best interest, but that there is not sufficient information for the board to make a recommendation, therefore, the board requests the court to order the division or designated agency, as appropriate, to provide the needed information within two weeks of the court order.
d. (Deleted by amendment, P.L.1987, c.252.)
In addition to the finding, the board shall state in its report if the placement plan satisfies the criteria provided in section 9 of P.L.1977, c.424 (C.30:4C-58) and if it does not, that the placement plan should be modified or a new plan should be developed.
When making its finding pursuant to this section, the child's health, safety and need for permanency shall be of paramount concern to the board. The board shall give priority to the goal of return to the child's parents or legal guardian unless that goal is not in the best interest of the child. If the return has not been achieved within one year, and after considering the family's efforts; the division's or designated agency's provision of reasonable and available services, if reasonable efforts are required; or other relevant factors; the board shall recommend another permanent plan for the child.
In addition to the finding, the board shall state the reasons and additional factors it deems appropriate to explain its conclusions. When any change in the plan or situation of the child is recommended, the board shall state its specific recommendations and the factual basis therefor.
In accordance with section 8 of P.L.1985, c.85 (C.30:4C-61.1), the board may recommend that the division shall not return a child to his home prior to a review by the board and an order of the court.
Within 10 days of the completion of its review, the board shall provide to those persons
entitled to notice under section 10 of P.L.1977, c.424 (C.30:4C-59) the specific finding made
pursuant to this section, unless the board recommends that the finding shall not be provided to
specific individuals as provided in this paragraph. The court may waive notice of findings to
the child on a case-by-case basis on its own motion or on the petition of a person listed in
section 10 of P.L.1977, c.424 (C.30:4C-59) in cases where the court determines that the nature
of the findings would be harmful to the child, or if notice to the child of review was waived.
The court may waive notice of findings to persons included in subsection e. of section 10 of
P.L.1977, c.424 (C.30:4C-59) on the recommendation of the board or on the petition of other
persons entitled to notice.
48. Section 12 of P.L.1977, c.424 (C.30:4C-61) is amended to read as follows:
C.30:4C-61 Issuance of order by court.
12. a. Upon review of the board's report, the Family Part of the Chancery Division of the Superior Court shall issue an order concerning the child's placement which it deems will best serve the health, safety and interests of the child. The court shall issue the order within 21 calendar days of the court's receipt of the board's report unless the court schedules a summary hearing. The court shall either:
(1) Order the return of the child to his parents or legal guardian within two weeks and order the division or designated agency, as appropriate, to provide any reasonable and available services which are necessary to implement the return home;
(2) Order continued placement on a temporary basis until the long-term goal is achieved; or
(3) Order continued placement on a temporary basis but that the division shall provide further information within two weeks to the court, which information shall be reviewed by the board within 30 days of its receipt.
(4) (Deleted by amendment, P.L.1987, c.252.)
In accordance with section 8 of P.L.1984, c.85 (C.30:4C-61.1), the court may order that the division shall not return a child to his home prior to review by the board and an order of the court.
In addition, if the placement plan does not satisfy the criteria of section 9 of P.L.1977, c.424 (C.30:4C-58), the court shall order that the placement plan be modified or that a new plan be developed within 30 days.
b. In reviewing the report, the court may request that, where available, any written or oral information submitted to the board be provided to the court. The court shall make a determination based upon the report and any other information before it; provided, however, that the court may schedule a summary hearing if:
(1) The court has before it conflicting statements of material fact which it cannot resolve without a hearing; or
(2) A party entitled to participate in the proceedings requests a hearing; or
(3) The court concludes that the interests of justice require that a hearing be held; or
(4) The board recommends that a hearing be held due to lack of compliance with the placement plan, including achievement of the permanent placement identified in the permanency plan; or
(5) The division has documented an exception to the requirement to provide reasonable efforts toward family reunification pursuant to section 25 of P.L.1999, c.53 (C.30:4C-11.3); or
(6) If the review is to serve as a permanency hearing.
c. Notice of such hearing, including a statement of the dispositional alternatives of the court, shall be provided at least 30 days in advance, unless the court finds that it is in the best interest of the child to provide less notice in order to conduct the hearing sooner. Notice shall be provided to the following persons unless the court determines it is not in the best interests of the child:
(1) The division;
(2) The child;
(3) The child's parents including a non-custodial parent or legal guardian;
(4) The review board;
(5) The temporary caretaker;
(6) The counsel for any parent, child or other interested party who has provided or is providing representation in the case before the board; and
(7) If the child's caretaker is a foster parent, preadoptive parent or relative, the caretaker shall receive written notice of and an opportunity to be heard at the hearing, but the caretaker shall not be made a party to the hearing solely on the basis of the notice and opportunity to be heard.
The court may also request or order additional information from any other persons or agencies which the court determines have an interest in or information relating to the welfare of the child.
The court shall hold the hearing within 60 days of receipt of the board's report and shall issue its order within 15 days of the hearing.
d. The court shall send a copy of its order concerning the child's placement to all persons listed in subsection c. of this section, except that, if notice to the child of the board review was waived pursuant to section 10 of P.L.1977, c.424 (C.30:4C-59), the court may waive the requirement of sending a copy of its order to the child.
e. Any person who receives a copy of the court order shall comply with the confidentiality
requirements established by the Supreme Court for the purposes of this act.
49. Section 8 of P.L.1984, c.85 (C.30:4C-61.1) is amended to read as follows:
C.30:4C-61.1 Proposal to return child home.
8. a. If the division proposes to return a child home, although the return home is either prohibited by the placement plan approved by the court or expressly contingent upon certain conditions in the placement plan that have not been met, the division shall promptly notify the board and the court in writing.
b. The board shall conduct a special review within 15 days of receipt of the notice provided pursuant to subsection a. or f. of this section to consider and evaluate the reasons for the proposed action and determine whether the action ensures the safety and serves the best interests of the child. The board shall provide written notice of the special review pursuant to section 10 of P.L.1977, c.424 (C.30:4C-59), except that the 15-day advance notice requirement is waived. The board shall submit its report to the court pursuant to section 11 of P.L.1977, c.424 (C.30:4C-60), except that the board shall submit the report within five days of completion of the special review.
c. The court shall review the board's recommendations within 10 days and issue an order within five days unless a summary hearing is scheduled concerning the child's placement pursuant to section 12 of P.L.1977, c.424 (C.30:4C-61), except that if a party entitled to participate in the proceeding requests a hearing, the court shall hold a summary hearing within 15 days of receipt of the board's report unless the court determines that the request for the hearing is frivolous. The court shall issue its order within five days of the hearing.
d. The division shall not return the child home unless the court approves the division's proposed action and orders the return home of the child.
e. Notwithstanding the provisions of this section to the contrary, in an emergency situation, the court may waive the special review provisions of this section and approve the return home, upon the request of the division to do so. The request of the division for a court waiver of the special review provisions shall be accompanied by a written statement from the division declaring and finding that the out-of-home placement has been disrupted, that no appropriate alternative placement for the child can be found in the home of a relative, a foster home, group home, shelter, residential care facility or other setting following the change in placement, and that the return home will not endanger the health, safety or welfare of the child. The written statement submitted with a request shall also outline the specific reasons for the findings made. The division shall conduct an on-site visit of the home of a child when in an emergency situation the division plans to request of the court a waiver of the special review provisions. A report of the on-site visit shall be included with the request.
If the court approves the division's request, the division shall promptly notify the board of the court's approval of the request. The board shall conduct a review of the change in the placement plan within 15 days of the date the child is returned home. The division shall conduct a minimum of two on-site visits to the home of a child returned there in an emergency situation within the first 10 days of the return to ascertain the continued health, safety and welfare of the child. The court, upon granting a request for a waiver, may require additional on-site visits. A detailed written report of each on-site visit to the home of a child returned in an emergency situation shall promptly be submitted to the court and to the child placement review board.
Notwithstanding any other provisions of law to the contrary, the court shall retain jurisdiction over the placement of the child after a child has been returned home in an emergency situation for up to six months unless there is a subsequent court hearing or court order.
In any case where, following a court order for the implementation of a placement plan, the board determines upon re-review of the case that there has been insufficient effort on the part of the division or any other parties toward implementation of the court ordered plan, the board may petition the court for an order to show cause as to why the plan is not being implemented as ordered.
f. If, subsequent to the review and approval of a plan by the court, the division proposes to change the long-term goal in the plan or otherwise substantially modify the plan, it shall notify the court and the board in writing, within five days. The board shall schedule review of the modification. The division shall continue to implement the current court ordered plan until the court orders a modified or new plan.
g. Nothing in this section is intended to limit the court's authority to exercise its regular
remedies for enforcement of an order.
C.30:4C-61.2 Permanency hearing.
50. a. A permanency hearing shall be held that provides review and approval by the court of the placement plan:
(1) within 30 days after the determination of an exception to the reasonable effort requirement to reunify the child with the parent in accordance with section 25 of P.L.1999, c.53 (C.30:4C-11.3); or
(2) no later than 12 months after the child has been in placement.
b. Written 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:
(1) the division or agency;
(2) the child;
(3) the parents, including a non-custodial parent or legal guardian;
(4) the temporary caretaker;
(5) any other person or agency whom the court determines has an interest in or information relating to the welfare of the child;
(6) the counsel for a parent, child or other interested party who has provided or is providing representation in the case before the court; and
(7) the child's foster parent, preadoptive parent or relative providing care for the child shall also receive written notice of and an opportunity to be heard at the hearing, but the foster parent, preadoptive parent or relative shall not be made a party to the hearing solely on the basis of the notice and opportunity to be heard.
c. The hearing shall include, but not necessarily be limited to, consideration and evaluation of information provided by the division and other interested parties regarding such matters as:
(1) a statement of the goal for the permanent placement or return home of the child and the anticipated date that the goal will be achieved;
(2) the intermediate objectives relating to the attainment of the goal;
(3) a statement of the duties and responsibilities of the division, the parents or legal guardian and the temporary caretaker, including the services to be provided by the division to the child and to the temporary caretaker;
(4) 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 with section 25 of P.L.1999, c.53 (C.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;
(5) a permanency plan which includes whether and, if applicable, when:
(a) the child shall be returned to the parent or guardian, if the child can be returned home without endangering the child's health or safety;
(b) the division has determined that family reunification is not possible and the division shall file a petition for the termination of parental rights for the purpose of adoption; or
(c) the division has determined that termination of parental rights is not appropriate in accordance with section 31 of P.L.1999, c.53 (C.30:4C-15.3) and the child shall be placed in an alternative permanent placement.
d. If the court approves a permanency plan for the child, the court shall make a specific
finding of the reasonable efforts made thus far by the division and the appropriateness of the
reasonable efforts to achieve the permanency plan.
51. Section 2 of P.L.1992, c.111 (C.30:4C-67) is amended to read as follows:
C.30:4C-67 Findings, declarations.
2. The Legislature finds and declares that it is the intent of the Legislature to preserve the sanctity of the family unit, to the extent that the preservation does not jeopardize the safety of children, which shall be of paramount concern, and to prevent the unnecessary out-of-home placement of emotionally disturbed children, whether in New Jersey or out-of-State.
The Legislature further finds and declares that it is in the best interest of children that an
individualized, appropriate child and family driven care system be developed so that children
with special emotional needs and their families receive safe and appropriate educational,
nonresidential, residential and family supportive services.
C.30:4C-11.5 Commissioner's report to Legislature, Governor.
52. The Commissioner Human Services shall report to the Legislature and the Governor
within 18 months of the date of enactment of this act on the implementation of the act.
C.30:4C-11.6 Rules, regulations.
53. The Commissioner of Human Services, pursuant to the "Administrative Procedure Act,"
P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to implement the
provisions of this act. The commissioner shall provide an opportunity for public input in the
development of the rules and regulations.
C.30:4C-15.4 Notice to parent of right to counsel; public defender appointments.
54. When a petition is filed under section 15 of P.L.1951, c.138 (C.30:4C-15), the court shall provide the parent with notice of his right to retain counsel and consult with him. The court shall advise the parent that if he is indigent, he may obtain an attorney through the Office of the Public Defender who is authorized to provide such representation pursuant to this section.
The court shall appoint legal representation for the child from the Law Guardian Program
in the Office of the Public Defender. The attorney appointed by the court to represent the child
shall represent such child in all proceedings before the Superior Court, Chancery Division,
Family Part filed pursuant to chapter 6 of Title 9 of the Revised Statutes and chapter 4C of Title
30 of the Revised Statutes unless relieved by the court upon application for substitution counsel
or other just cause.
55. Section 1 of P.L.1974, c.119 (C.9:6-8.21) is amended to read as follows:
C.9:6-8.21 Definitions.
1. As used in this act, unless the specific context indicates otherwise:
a. "Parent or guardian" means any natural parent, adoptive parent, foster parent, stepparent, 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 as defined in section 1 of P.L.1974, c.119 (C.9:6-8.21).
b. "Child" means any child alleged to have been abused or neglected.
c. "Abused or neglected child" means a child less than 18 years of age whose parent or guardian, as herein defined, (1) inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ; (2) creates or allows to be created a substantial or ongoing risk of physical injury to such child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted loss or impairment of the function of any bodily organ; (3) commits or allows to be committed an act of sexual abuse against the child; (4) or a child 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 or guardian, as herein defined, to exercise a minimum degree of care (a) in supplying the child with adequate food, clothing, shelter, education, medical or surgical care though financially able to do so or though offered financial or other reasonable means to do so, or (b) in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing 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; (5) or a child who has been willfully abandoned by his parent or guardian, as herein defined; (6) or a child upon whom excessive physical restraint has been used under circumstances which do not indicate that the child's behavior is harmful to himself, others or property; (7) or a child who is in an institution and (a) 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 or (b) who has been willfully isolated from ordinary social contact under circumstances which indicate emotional or social deprivation.
A child shall not be considered abused or neglected pursuant to paragraph (7) of subsection c. of this section if the acts or omissions described therein occur in a day school as defined in this section.
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.
d. "Law guardian" means 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 this act to represent minors in alleged cases of child abuse or neglect and in termination of parental rights proceedings.
e. "Attorney" means an attorney admitted to the practice of law in this State who shall be privately retained; or, in the instance of an indigent parent or guardian, an attorney from the Office of the Public Defender or an attorney appointed by the court who shall be appointed in order to avoid conflict between the interests of the child and the parent or guardian in regard to representation.
f. "Division" means the Division of Youth and Family Services in the Department of Human Services unless otherwise specified.
g. "Institution" means a public or private facility in the State which provides children with out of home care, supervision or maintenance. Institution includes, but is not limited to, a correctional facility, detention facility, treatment facility, day care center, residential school, shelter and hospital.
h. "Day school" means a public or private school which provides general or special
educational services to day students in grades kindergarten through 12. Day school does not
include a residential facility, whether public or private, which provides care on a 24-hour basis.
56. a. There is appropriated $600,000 from the General Fund to the Office of the Public Defender in the Department of the Treasury for Fiscal Year 1999 to provide representation for children and indigent parents in proceedings to terminate parental rights pursuant to Title 30 of the Revised Statutes. In addition to the amount hereinabove appropriated, there is appropriated such additional sums as may be required for Trial and Appellate services to children and indigent parents, the expenditure of which shall be subject to the approval of the Director of the Division of Budget and Accounting.
b. In accordance with the provisions of section 10 of P.L.1967, c.43 (C.2A:158A-10), the
office may contract with attorneys in private practice, Legal Services of New Jersey or other
qualified public interest organizations to provide the representation of children and indigent
parents, as it deems appropriate.
57. The Office of the Public Defender shall report to the Legislature and Governor by
October 1, 1999 on the number of cases for which it has provided representation pursuant to
sections 54, 55 and 56 of P.L.1999, c.53) and whether and to what extent the representation was
provided by contract with attorneys in private practice or other public interest organizations.
The report shall include recommendations as to how and by whom the representation should be
provided in Fiscal Year 2000 and as to how the State can ensure, to the maximum extent
possible, that the same legal counsel can continue to represent the interests of the child or parent
throughout proceedings under Titles 9 and 30 of the Revised Statutes.
58. This act shall take effect immediately.
Approved March 31, 1999.