ASSEMBLY, No. 2961

 

STATE OF NEW JERSEY

 

INTRODUCED MAY 12, 1997

 

 

By Assemblywoman HECK and Assemblyman TALARICO

 

 

An Act concerning foster care and supplementing P.L.1977, c.424 (C.30:4C-50 et seq.).

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. This act shall be known and may be cited as the "Child Protection and Safety Act of 1997."

 

    2. As used in this act:

    "Court" means the Family Part of the Chancery Division of the Superior Court.

    "High- risk child" means a child who has been placed in the custody of the Division of Youth and Family Services for placement in foster care by the court or as a result of a voluntary placement agreement pursuant to P.L.1974, c.119 (C.9:6-8.21 et seq.), or in accordance with section 12 of P.L.1951, c.138 (C.30:4C-12), and meets one or more of the following conditions:

    a. The child has been in foster care for six or more months;

    b. The child has been repeatedly placed in foster care pursuant to the provisions of P.L.1991, c.448 (C.30:4C-53.1 et seq.);

    c. Parental substance abuse is a factor in the child's placement in foster care; or

    d. The child is a victim of physical or sexual abuse.

 

    3. a. In a case in which a child placement review board has conducted a review of a high-risk child's placement and has recommended to the court that the child be returned to his parent or legal guardian, in accordance with section 10 of P.L.1977, c.424 (C.30:4C-59), the division shall prepare a plan for the return home of the child pursuant to section 4 of this act.

    b. The division shall submit the plan to the court 10 calendar days prior to the issuance of the court's decision concerning the child's placement. The court shall review the division's report and use the information to make its final determination on whether or not it is in the child's best interest to return to his parent or legal guardian.

    c. The court may also request or order additional information or take testimony from any other party, including the child, the child's parent, legal guardian, other family members, or the child's foster parent, which the court determines has an interest or information relating to the child's return home.

 

    4. A plan for the return home of a child shall be a plan prepared by the division, prior to a child's return to a parent or legal guardian, which shall ensure the safety of the child upon his return from a foster care placement. The plan shall include:

    a. A description of the problems or conditions which led to the child's placement in foster care;

    b. The services provided to the child's parent or legal guardian by the division, during the child's placement in foster care;

    c. An assessment of the parent's or legal guardian's success in eliminating the problems or conditions which necessitated the child's placement and whether or not the elimination of those problems and conditions indicate that the child will not be at risk upon his return home;

    d. Proof that the child's parent or legal guardian has successfully completed a treatment program for a substance abuse problem, if parental substance abuse was a factor in the placement of the child;

    e. The specific actions to be taken by the division to prepare the child for his return home; and

    f. A summary of the division's plan to provide supportive services to the child's parent or legal guardian and to monitor the family following the child's return home.

 

    5. a. Within 30 calendar days of the child's return home, the division shall conduct a minimum of two on-site visits to the home of the child to ascertain the health and welfare of the child, assess the child's adjustment to the return home and identify any additional services needed by the child and the parent or legal guardian, to help facilitate the child's return home. A detailed written report of each on-site visit shall promptly be submitted to the court and to the child placement review board.

    b. Within 45 calendar days of the child's return home, the division shall prepare a written report on the status of the child's placement with his parent or legal guardian. The report shall include the division's assessment of the child's continued safety in the home and a plan for the future supervision of the family, if necessary. The report shall be submitted to the board and the court for their review.

 

    6. If a police or other law enforcement agency, in whose jurisdiction a high-risk child resides, has investigated a report of child abuse or neglect at the home of the child's parent or legal guardian, the division shall notify the police or other law enforcement agency upon the child's return home.

 

    7. This act shall take effect six months following enactment.

 

 

STATEMENT

 

    This bill establishes the "Child Protection and Safety Act of 1997." Under the provsions of the bill, in any case where a child placement review board has recommended a high-risk child be returned home to his parents following an out-of-home placement, the Division of Youth and Family Services (DYFS) would be required to prepare a plan for the return home of the child. The bill defines a "high-risk child" as a child who has been placed in the custody of DYFS for placement in foster care by court order or as a result of a voluntary placement agreement and meets one or more of the following conditions :

    1. The child has been in foster care for six or more months;

    2. The child has been repeatedly placed in foster care;

    3. Parental substance abuse is a factor in the child's placement in foster care; or

    4. The child is a victim of physical or sexual abuse.

    The plan for the return home of the child would be prepared prior to the issuance of the court's decision concerning the child's placement, in accordance with section 12 of P.L.1977, c.424 (C.30:4C-61) and would include:

    1. A description of the problems or conditions which led to the foster care placement;

    2. The services provided to the child's parent or legal guardian by the division, during the child's placement;

    3. An assessment of the parent's or legal guardian's success in eliminating the problems or conditions which led to the child's placement;

    4. Proof that the child's parent or legal guardian has successfully completed a treatment program for a substance abuse problem;

    5. The specific actions to be taken by the division to prepare the child for his return home; and

    6. A summary of the division's plan to provide supportive services to the parent or legal guardian upon the child's return home.

    The court would then review the division's report and use the information to make its final determination on the child's placement.

    The bill would also require DYFS to conduct at least two on-site home visits within 30 days of the child's return home. A written report of each on-site visit would be submitted to the court and to the child placement review board.

    Within 45 days, DYFS would be required to prepare a written report on the status of the child's placement with his parent or legal guardian. The report would include the division's assessment on the child's continued safety in the home and a plan for the future supervision of the family, if necessary. DYFS would then submit the plan to the child placement review board and the court for their review.

    Finally, the bill would require DYFS to inform the police or other law enforcement agency of a high-risk child's return home, if they have investigated a report of child abuse or neglect at the child's home.

 

 

                             

 

"Child Protection and Safety Act of 1997."