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2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-54 - Determination by court as to placement.

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 resource family parent, preadoptive parent or relative, the caretaker shall receive written notice of, and shall have a right 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 right to be heard.
L.1977, c.424, s.5; amended 1978, c.125, s.3; 1987, c.252, s.3; 1999, c.53, s.43; 2005, c.169, s.14; 2007, c.228, s.5.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-55 - Placement plans, requirements.

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.
L.1977,c.424,s.6; amended 1999, c.53, s.44.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-56 - Administrative procedures to provide for needs of children and to obtain federal aid

30:4C-56. Administrative procedures to provide for needs of children and to obtain federal aid
The division shall be responsible for establishing such administrative procedures as will enable it to effectively provide for the needs of children placed outside their homes and to secure such Federal funding as is available to meet these needs. Such procedures shall provide for:
a. Appropriate planning and regular review of each child's case by the division;
b. Collection and analysis of data regarding the division's caseload to facilitate the continuing evaluation of the division's services, policies and procedures with regard to children placed outside their homes; and,
c. Provision of such information as may be required by the courts or the placement review boards.
L.1977, c. 424, s. 7.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-58.1 - Placement for adoption

30:4C-58.1. Placement for adoption
When a child is placed in a home for the purpose of adoption, the division shall notify the family part of the Chancery Division of the Superior Court in the child's county of supervision in writing of the placement. Upon receipt of the notice, the board shall not schedule further reviews of the case unless:
a. The child is removed from the adoptive home;
b. The complaint for adoption was not filed within eight months of the placement and the filing of the complaint is not imminent; or
c. The plan for the child was modified so that immediate adoption by the stated adoptive parents no longer is the goal.
The division shall send the court and the board a status report on the case every four months. When a complaint for adoption has been filed, the division shall inform the court and no further board reviews shall be held while that action is pending.
When a judgment of adoption has been entered the court shall dismiss the complaint pursuant to section 4 of P.L. 1977, c. 424 (C. 30:4C-53).
If a child is placed in an adoptive home prior to the completion of the initial court review, the court shall retain jurisdiction to complete the review.
L. 1982, c. 24, s. 10; amended by L. 1984, c. 85, s. 4; 1987, c. 252, s. 6.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-59 - Written notice in advance of review.

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 resource family parent or relative, the caretaker shall receive written notice of, and shall have a right 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 right 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.
L.1977, c.424, s.10; amended 1978, c.125, s.6; 1982, c.24, s.4; 1984, c.85, s.5; 1987, c.252, s.7; 1999, c.53, s.46; 2004, c.130, s.87; 2007, c.228, s.6.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-62 - Child Placement Advisory Council

30:4C-62. Child Placement Advisory Council
13. There is hereby established a Child Placement Advisory Council to consist of one member from each of the child placement review boards to be selected annually by the chairman of each review board. The Director of the Administrative Office of the Courts and the council shall jointly develop a budget which shall provide the council with reasonable and necessary administrative and clerical support services adequate to enable the council to carry out its responsibilities and shall reimburse the members of the council for reasonable and necessary expenses incurred in the performance of their official duties.
The council shall have the authority, consistent with the funds appropriated to the Administrative Office of the Courts for the purposes of this act, to determine annually its program and budget. The council shall, in consultation with the Administrative Office of the Courts, develop guidelines for its annual programs and other aspects of this act.
It shall be the responsibility of the council to:
a. Advise the Supreme Court with respect to the issuance of rules governing the duties, responsibilities and practices of the review boards;
b. Review the policies, practices and procedures of the division with respect to the placement of children;
c. Monitor and evaluate the effectiveness of this act in promoting the welfare of children placed outside their home. These activities may be carried out through the regular collection of data from each county, as well as through other appropriate means;
d. Advise the Supreme Court with respect to the establishment of guidelines and procedures for the training of placement review board members;
e. Advise the Supreme Court with respect to the establishment of reporting procedures to be followed by the review boards for the provision of data for the evaluation of this act;
f. Make an annual report on the effectiveness of the implementation of this act to the Supreme Court, the Governor and the Legislature and such other reports as it may deem proper or as may be requested from time to time by the Supreme Court, the Governor or the Legislature; and
g. Review county plans and reports pursuant to section 8 of P.L. 1977, c. 424 (C. 30:4C-57).
L. 1977, c. 424; s.13; amended by L. 1978, c. 125, s. 9; 1982, c. 24, s. 7; 1987, c. 252, s. 11.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-62.1 - Grants or contributions; acceptance

30:4C-62.1. Grants or contributions; acceptance
The Child Placement Advisory Council may accept from any governmental department or agency, public or private body or any other source, grants or contributions to be used for carrying out its responsibilities under P.L.1977, c. 424 (C. 30:4C-50 et seq.).
L.1982, c. 24, s. 9, eff. April 27, 1982.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-63 - Rules for conduct of review boards; promulgation by Supreme Court

30:4C-63. Rules for conduct of review boards; promulgation by Supreme Court
The Supreme Court, in consultation with the Child Placement Advisory Council, shall: issue such rules governing the duties, responsibilities and practices of the board as it deems necessary to effectuate the purposes of this act; establish guidelines and procedures for the training of placement review board members; and establish reporting procedures to be followed by the review boards for the provision of data for the evaluation of this act.
L.1977, c. 424, s. 14. Amended by L.1978, c. 125, s. 10, eff. Oct. 16, 1978.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-64 - Joint legislative committee to monitor and evaluate act; report

30:4C-64. Joint legislative committee to monitor and evaluate act; report
The Institutions, Health and Welfare committees of the Senate and General Assembly, or their respective successors, are constituted a joint committee for the purposes of monitoring and evaluating the effectiveness of the implementation of this act.
At least 3 months prior to the date of expiration of this act, the Joint Committee shall report to the Legislature as to whether this act shall be extended, in either its present or modified form, or whether it shall be permitted to expire.
L.1977, c. 424, s. 15.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-65 - Severability

30:4C-65. Severability
If any provision of this act or the application thereof to any person or circumstance is held to be invalid, the remainder of the act and application of such provision to other persons or circumstances shall not be affected thereby.
L.1977, c. 424, s. 16.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-67 - Findings, declarations.

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.
L.1992,c.111,s.2; amended 1999, c.53, s.51.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-68 - Definitions

30:4C-68. Definitions
3. As used in this act:
"Case Assessment Resource Team" or "CART" means an entity that reviews the needs of every child in the defined target population and recommends a service plan that best meets the needs of that child and his family;
"County Inter-Agency Coordinating Council" or "CIACC" means an entity which fosters cross-system service planning for the defined target population; and
"Individualized, appropriate child and family driven care system" means a plan of care for a child with special emotional needs that will provide for, as a priority, the needs of the child and the family, including whatever placement in or out-of-State that is most appropriate for the child and his family.
L.1992,c.111,s.3.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-69 - Development of interdepartmental plan.

30:4C-69 Development of interdepartmental plan.
4. The Commissioner of Children and Families shall develop an interdepartmental plan for the implementation of an individualized, appropriate child and family driven care system for children with special emotional needs and for the reduction of inappropriate use of out-of-home placements of these children. The plan shall first address children ready to be returned from in-State and out-of-State residential facilities, and those at imminent risk of extended out-of-home placement. The commissioner shall consult with appropriate representatives from the State departments of Education, Human Services, Corrections, Health and Senior Services and Community Affairs, the Office of the Public Defender, the Statewide Children's Coordinating Council in the Department of Children and Families, the Administrative Office of the Courts, and Statewide family advocacy groups, in the development of the plan.
L.1992, c.111, s.4; amended 1994, c.58, s.51; 2005, c.155, s.90; 2006, c.47, s.144; 2010, c.34, s.9.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-70 - Establishment of CART, CIACC.

30:4C-70 Establishment of CART, CIACC.
5. A county may establish a CART and CIACC in accordance with the provisions of this act. In the event that a county does not establish a CART or CIACC, the Department of Children and Families may establish a CART or CIACC for that county.
L.1992, c.111, s.5; amended 2006, c.47, s.145.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-71 - Contents of plan.

30:4C-71 Contents of plan.
6. The plan shall:
a. Assess current policies and activities of all divisions in the Department of Children and Families in the implementation of the individualized, appropriate child and family driven care system;
b. Assess the implementation of the policies and procedures of the Case Assessment Resource Teams (CARTs) and the County Inter-Agency Coordinating Councils (CIACCs) sanctioned by the Department of Children and Families to be certain, among other things, that a family using the services is a full participant in the CART/CIACC process;
c. Be consistent with principles set forth in section 7 of this act;
d. Set forth specific timelines and procedures for the implementation of new policies and practices that shall be undertaken to develop a system of care which is integrated across divisional and departmental lines;
e. Specify the role and function of the CARTs and CIACCs in developing the individualized, appropriate child and family driven care system;
f. Recommend departmental or divisional organizational changes required to execute the system of care;
g. Specify the interdepartmental amounts and sources of financial resources required to implement and maintain a coordinated system of care;
h. Develop a mechanism to guarantee that savings accrued through implementation of this plan be applied to community-based children's services;
i. Identify funding mechanisms compatible with individual county needs to carry out the purposes of this act;
j. Develop a system to monitor and evaluate the outcomes for children with special emotional needs who have received community-based services as a result of the implementation of an individualized, appropriate child and family driven care system;
k. Develop an independent evaluation mechanism to report at least quarterly, which is designed to enhance and evaluate the CART/CIACC inter-agency system at both the local and Statewide levels;
l. Describe all services, both public and private, including rehabilitation services, vocational services, substance use disorder services, housing services, educational services, medical and dental care to be provided by local school systems under the "Education of the Handicapped Act," (20 U.S.C. s.1401 et seq.); and
m. Describe how parents will be involved in the development of the plan and how the plan will insure their full participation in the CART/CIAAC process.
L.1992, c.111, s.6; amended 2006, c.47, s.146; 2023, c.177, s.98.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-72 - Principles of system of care

30:4C-72. Principles of system of care
7. The individualized, appropriate child and family driven system of care may embody the following principles:
a. Services are to be child and family driven, with priority given to keeping children in their own homes. A child and his family or his primary caregiver, if no family is living, shall be fully involved in all aspects of the planning and delivery of services;
b. Services are to be community-based and are to be provided in the least restrictive setting consistent with the unique needs and potential of each child and family;
c. Services are to promote early identification and intervention;
d. Services are to be culturally and ethnically competent;
e. Services should be based upon the child's potential and reflect a continuum of care that includes out-of-home placement when appropriate;
f. The rights of children and their families are to be protected; and
g. A case coordinator should be assigned to each child and family to insure that service plans are implemented.
L.1992,c.111,s.7.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-73 - Use of monies saved.

30:4C-73 Use of monies saved.
8. Any monies saved by the Department of Children and Families in preventing the out-of-home placement of children pursuant to this act shall be used by the department to provide services pursuant to the interdepartmental plan developed pursuant to this act.
L.1992, c.111, s.8; amended 2006, c.47, s.147.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-74 - Findings, declarations

30:4C-74. Findings, declarations
1. The Legislature finds and declares that:
a. The obligation of the State to preserve the sanctity of the family and prevent the placement of children outside the home should be fulfilled in the context of a clear and consistent policy which emphasizes the strengthening of families through the application of intensive family preservation services;
b. In recent years, several states have found that family preservation services can provide an effective, efficient and humane alternative to out-of-home placement;
c. Family preservation services are based on the following principles:
(1) Safety of the child is always the first concern,
(2) Children should be raised by their own families whenever possible,
(3) An intervention should build on family strengths and be responsive to family needs, and
(4) Improvement of family functioning is essential in order to promote the child's health, safety and welfare, allowing the family to remain intact and the children to remain at home; and
d. It is the intent of this act that a comprehensive family preservation services program be provided in every county of the State.
L.1993,c.157,s.1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-75 - "Family preservation services program" defined

30:4C-75. "Family preservation services program" defined
2. For the purposes of this act, "family preservation services program" means an intensive, in-home family education and crisis intervention program and "family preservation direct services worker" means an individual employed by a community-based service organization which provides intensive family education and crisis intervention services to families referred to the family preservation services program created pursuant to this act.
L.1993,c.157,s.2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-76 - Establishment of family preservation services program; objectives.

30:4C-76 Establishment of family preservation services program; objectives.
3. a. The Department of Children and Families may establish, through purchase of service contracts with community-based organizations, at least one family preservation services program in each county in the State. The program shall provide services to families whose children are at imminent risk of placement as determined by agencies authorized to place children, or whose children are being prepared for reunification.
b. The family preservation services program shall be based on the following objectives:
(1) The prevention of out-of-home placement by enhancing family functioning and problem solving;
(2) The development of appropriate crisis management and parenting skills;
(3) The provision of services to families, as needed, including transportation, emergency financial assistance for food, clothing and housing, family counseling and substance use disorder treatment; and
(4) The development of linkages with service networks and community resources.
L.1993, c.157, s.3; amended 2006, c.47, s.148; 2023, c.177, s.99.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-77 - Referrals to program, requirements for family preservation services

30:4C-77. Referrals to program, requirements for family preservation services
4. a. Subject to the guidelines and policies of the specific contracts entered into by providers of family preservation services, agencies authorized to place children in the State may refer a family to the appropriate family preservation services program. All members of the family who accept such services shall be responsible for cooperating fully with the family preservation direct services worker.
b. The family preservation services provided under this act shall meet the following criteria:
(1) A family preservation direct services worker shall carry a caseload of a maximum of two families at any given time, except that during the last week of the provision of services with one of the two families, the worker may carry a third case. The family preservation direct services worker may serve a total of 18 families within a 12 month period;
(2) An eligible family shall receive an initial visit by the family preservation direct services worker within 24 hours of the referral. The program shall provide services to a family for four to eight weeks, as appropriate. The worker shall conduct a follow-up evaluation of the family at three, six and 12 months after the family has completed the program;
(3) Family preservation services shall be provided in the family's home, community or the child's school, consistent with the needs of the family. The family preservation direct services worker shall visit the family for no less than five hours per week. The worker shall be available to provide services to the family 24 hours a day, seven days a week;
(4) The family preservation direct services worker shall develop, in consultation with the family, a service plan which addresses the reasons for the consideration of the out-of-home placement. The plan shall also include, but not be limited to, an assessment of the family's strengths and problems, a statement of options designed to solve the problems and the identification of appropriate resources that will be needed to maintain the progress achieved through the program; and
(5) The agency referring the family shall identify the services which will be provided to the family during and after the provision of family preservation services.
L.1993,c.157,s.4.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-78 - Required credentials for direct services worker, supervisor

30:4C-78. Required credentials for direct services worker, supervisor
5. A family preservation services direct services worker shall possess a master's degree in the social sciences or shall have graduated from a fully accredited college or university and have at least one and half years' experience in providing services to families in crisis. The supervisor of a family preservation direct services worker shall possess a master's or doctorate degree in social work, psychology, education or counseling and five years' experience of providing treatment services to families and two years' supervisory experience.
L.1993,c.157,s.5.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-79 - Development of manual of standards.

30:4C-79 Development of manual of standards.
6. The Department of Children and Families shall develop a manual of standards on the operation and programmatic aspects of family preservation services.
L.1993, c.157, s.6; amended 2006, c.47, s.149.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-80 - Family Preservation Services Coordinating Unit established.

30:4C-80 Family Preservation Services Coordinating Unit established.
7. There is established a Family Preservation Services Coordinating Unit in the Department of Children and Families. The unit shall consist of persons with knowledge of and experience with the family preservation services program in the State and in all facets of the operation of the program. The coordinating unit personnel shall be appointed by the Commissioner of Children and Families. The coordinating unit shall develop, monitor and implement all phases of the family preservation services initiative and its activities will include the provision of technical support and the establishment and the monitoring of all family preservation services programs throughout the State.
L.1993, c.157, s.7; amended 2006, c.47, s.150.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-81 - Annual report to Governor, Legislature.

30:4C-81 Annual report to Governor, Legislature.
8. The Commissioner of Children and Families shall report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature by December 31 of each year, on the family preservation services program. The annual report shall contain, but not be limited to:
a. The number of families receiving services through the program;
b. The number of children placed in resource family care, group homes and residential treatment facilities, both in-State and out-of-State;
c. The average cost of providing services to a family through the program;
d. The number of children who remain with their families for one year after receiving services through the program; and
e. Any recommendations needed to improve the delivery of family preservation services in the State.
L.1993, c.157, s.8; amended 2004, c.130, s.92; 2006, c.47, s.151.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-82 - Use of federal funding, maximize.

30:4C-82 Use of federal funding, maximize.
9. The Department of Children and Families shall seek to maximize any available federal funding which may be used for the purposes of administering or providing family preservation services. Any federal funding made available under this section shall be used to supplement and shall not supplant State funds used to carry out the purposes of this act.
L.1993, c.157, s.9; amended 2006, c.47, s.152.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-83 - Transfer of funds.

30:4C-83 Transfer of funds.
10. The Commissioner of Children and Families, following prior review and approval from the Office of Management and Budget, may transfer funds appropriated for substitute care services to purchase family preservation services established pursuant to this act.
L.1993, c.157, s.10; amended 2006, c.47, s.153.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-84 - Definitions relative to kinship legal guardianship and State agency action.

30:4C-84 Definitions relative to kinship legal guardianship and State agency action.
7. As used in sections 7 through 10 of P.L.2001, c.250 (C.30:4C-84 et seq.):
"Caregiver" means a person over 18 years of age, other than a child's parent, who has a kinship relationship with the child and has been providing care and support for the child, while the child has been residing in the caregiver's home, for either the last 12 consecutive months or 15 of the last 22 months. "Caregiver" includes a resource family parent as defined in section 1 of P.L.1962, c.136 (C.30:4C-26.4).
"Child" means a person under 18 years of age, except as otherwise provided in P.L.2001, c.250 (C.3B:12A-1 et al.).
"Commissioner" means the Commissioner of Children and Families.
"Court" means the Superior Court, Chancery Division, Family Part.
"Division" means the Division of Child Protection and Permanency in the Department of Children and Families.
"Family friend" means a person who is connected to a child or the child's parent by an established, positive psychological or emotional relationship that is not a biological or legal relationship.
"Kinship caregiver assessment" means a written report prepared in accordance with the provisions of P.L.2001, c.250 (C.3B:12A-1 et al.) and pursuant to regulations adopted by the commissioner.
"Kinship legal guardian" means a caregiver who is willing to assume care of a child due to parental incapacity, with the intent to raise the child to adulthood, and who is appointed the kinship legal guardian of the child by the court pursuant to P.L.2001, c.250 (C.3B:12A-1 et al.). A kinship legal guardian shall be responsible for the care and protection of the child and for providing for the child's health, education, and maintenance.
"Kinship relationship" means a family friend or a person with a biological or legal relationship with the child.
L.2001, c.250, s.7; amended 2005, c.169, s.15; 2006, c.47, s.154; 2012, c.16, s.110.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-85 - Conduct of kinship caregiver assessment in certain cases.

30:4C-85 Conduct of kinship caregiver assessment in certain cases.
8. a. In the case of a child who has been removed from his home by the division within the last 12 months, or for whom the division has an open or currently active case and where legal representation is currently being provided by the Office of the Public Defender either through its Law Guardian Program or Parental Representation Unit:
(1) The kinship caregiver assessment required pursuant to section 5 of P.L.2001, c.250 (C.3B:12A-5) shall be conducted by the division, at no cost to the caregiver.
(2) An indigent parent and child shall be afforded the same right to legal counsel and representation as in actions under P.L.1974, c.119 (C.9:6-8.21 et seq.) and section 54 of P.L.1999, c.53 (C.30:4C-15.4).
(3) In cases where the child has been placed in the caregiver's home by the division and the child has resided in the caregiver's home for either the last 12 consecutive months or 15 of the last 22 months, the caregiver shall obtain the consent of the division in order to petition the court for the appointment of the caregiver as kinship legal guardian of the child. The appointment of a kinship legal guardian for a child shall be considered by the court as the permanent placement for the child.
b. In all cases other than those specified in subsection a. of this section:
(1) The kinship caregiver assessment required pursuant to section 5 of P.L.2001, c.250 (C.3B:12A-5) shall be conducted by an agency in accordance with regulations adopted by the commissioner.
(2) The costs for the kinship caregiver assessment shall be borne by the department in cases where a financially eligible individual is applying for cash assistance under a kinship care program or pilot program provided by the department, for which kinship legal guardianship is a requirement for receiving such assistance. For all other cases under this subsection, the caregiver shall be responsible for all of the costs of the kinship caregiver assessment.
L.2001,c.250,s.8; amended 2005, c.169, s.16.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-86 - Checks required prior to submission of petition.

30:4C-86 Checks required prior to submission of petition.
9. a. Prior to the submission of a petition for appointment as a kinship legal guardian, the caregiver and any adult residing in the caregiver's household shall undergo:
(1) a criminal history record background check, which 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 the Federal Bureau of Investigation; and
(2) a domestic violence central registry check, which shall be conducted by the Division of State Police. The Division of State Police shall provide a report on all incidents of domestic violence perpetrated by the caregiver and any adult in the caregiver's household.
The Division of State Police shall provide the results of the criminal history background and central registry checks to the commissioner or his designee.
b. Prior to the submission of a petition for appointment as a kinship legal guardian, the division shall arrange for and coordinate a division child abuse registry record check. The division shall report the results of the registry check directly to the court.
L.2001,c.250,s.9.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-87 - Kinship legal guardianship as alternative disposition.

30:4C-87 Kinship legal guardianship as alternative disposition.
10. With respect to a complaint initiated by the division pursuant to P.L.1974, c.119 (C.9:6-8.21 et seq.) and section 15 of P.L.1951, c.138 (C.30:4C-15):
a. Only the division or the court shall have legal standing to seek a kinship legal guardianship arrangement as an alternative disposition. The parents of the child who is the subject of the complaint may request, with appropriate notice to the division, that the court consider a kinship legal guardianship arrangement as an alternative disposition. If the division agrees to a kinship legal guardianship arrangement as an alternative disposition, the division shall not be required to file a new petition, but may amend the pending complaint in accordance with the Rules of Court.
b. If the court appoints a kinship legal guardian as an alternative disposition, the court shall consider such an appointment as the final disposition of the complaint.
L.2001,c.250,s.10.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-88 - Rules, regulations.

30:4C-88 Rules, regulations.
11. The Commissioner of Children and Families, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act.
L.2001, c.250, s.11; amended 2006, c.47, s.155.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-90 - Findings, declarations relative to kinship legal guardianship.

30:4C-90 Findings, declarations relative to kinship legal guardianship.
2. The Legislature finds and declares that:
a. An increasing number of relatives in the State, including grandparents, find themselves providing care on a long-term basis to children who cannot reside with their parents due to the parent's incapacity or inability to perform the regular and expected functions of care and support of the child;
b. The State law allows for the appointment of an individual as a kinship legal guardian; a kinship legal guardian has the same rights, responsibilities, and authority relating to a child as a birth parent, with the exception of consenting to the adoption of the child or a name change for the child, while the birth parent retains the obligation to pay child support and the right to court-approved visitation or parenting time with the child;
c. (Deleted by amendment, P.L.2012, c.16);
d. The Department of Children and Families has established the Kinship Navigator program, which is a referral service designed to help kinship caregivers coordinate the various government and community resources that may be available to them; and
e. It is appropriate for the State to ensure that individuals who may be eligible to become kinship legal guardians are aware of the eligibility requirements for, and the responsibilities of, kinship legal guardianship, and that both individuals who may be eligible to become kinship legal guardians and current kinship legal guardians are aware of the services available to kinship legal guardians in the State.
L.2005, c.95, s.2; amended 2012, c.16, s.111.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-91 - Dissemination of information by DCF.

30:4C-91 Dissemination of information by DCF.
3. The Department of Children and Families shall, in easily understandable language:
a. inform individuals, of whom the department is aware, who may be eligible to become kinship legal guardians of:
(1) the eligibility requirements for, and the responsibilities of, kinship legal guardianship; and
(2) the full-range of services for which kinship legal guardians may be eligible and the eligibility requirements for those services; and
b. inform current kinship legal guardians of the full-range of services for which kinship legal guardians may be eligible and the eligibility requirements for those services.
L.2005, c.95, s.3; amended 2012, c.16, s.112.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-92 - Rules, regulations.

30:4C-92 Rules, regulations.
4. The Commissioner of Children and Families shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of P.L.2005, c.95 (C.30:4C-89 et seq.).
L.2005, c.95, s.4; amended 2012, c.16, s.113.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-101 - "Tuition" defined.

30:4C-101 "Tuition" defined.
1. As used in this act:
"Tuition" means the charges imposed by a New Jersey public institution of higher education or county vocational school providing post-secondary vocational education, for enrollment at the institution or school.
L.2003,c.132,s.1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-102 - "Statewide Tuition Waiver Program."

30:4C-102 "Statewide Tuition Waiver Program."
2. There is created in the Department of Children and Families the "Statewide Tuition Waiver Program." The purpose of the program is to provide State-paid tuition to children who have been under the care and custody of the Division of Youth and Family Services pursuant to section 11 of P.L.1951, c.138 (C.30:4C-11), and who are interested in pursuing a college or post-secondary vocational education at a public institution of higher education or county vocational school in this State.
L.2003, c.132, s.2; amended 2006, c.47, s.156.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-103 - Eligibility requirements for program.

30:4C-103 Eligibility requirements for program.
3. a. A child shall be eligible to qualify for the program if the child meets the following requirements at the time of the initial application to the Commissioner of Children and Families for a tuition waiver pursuant to subsection b. of this section:
(1) the child is 16 to 23 years of age;
(2) the child:
(a) has been in the care and custody of the Division of Youth and Family Services in the Department of Children and Families for a period of nine months or more following the child's sixteenth birthday;
(b) is or has been residing in an independent living arrangement, or a transitional living program established pursuant to P.L.1999, c.224 (C.9:12A-2 et seq.), operated or approved for payment by the division; or
(c) is or has been residing in a transitional living program located in the State of New Jersey and approved for payment by the federal government pursuant to the federal "Runaway and Homeless Youth Act," Title III of Pub.L.93-415 (42 U.S.C.A. s.5701 et seq.);
(3) the child has received a high school diploma or a certificate of high school equivalency; and
(4) the child has been granted admission to a New Jersey public institution of higher education or county vocational school.
b. A child who meets the eligibility requirements listed in this section may apply to the Commissioner of Children and Families for a tuition waiver in a form and manner prescribed by the commissioner.
c. Upon receipt of an application, the Commissioner of Children and Families shall review the application and if the child meets the program eligibility requirements, the commissioner shall approve the application and notify the appropriate New Jersey public institution of higher education or county vocational school that the child qualifies for a tuition waiver.
d. Eligibility for the program shall be limited to five years from the date the child applied to the Commissioner of Children and Families for a tuition waiver pursuant to subsection b. of this section.
e. Each child approved for the program shall be required to enroll in a full-time degree, diploma or certificate program or course of undergraduate study and retain satisfactory academic progress during the time the child qualifies for a tuition waiver.
L.2003, c.132, s.3; amended 2006, c.47, s.157.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-104 - Application procedure, maximum benefit.

30:4C-104 Application procedure, maximum benefit.
4. The applicant shall complete the Free Application for Federal Student Aid to determine the level of need and eligibility for State and federal financial aid programs. If the sum of the tuition waiver plus other federal, State and institutional student financial assistance, except loans, exceeds the total cost of the child's tuition, the tuition waiver shall be reduced by the amount exceeding that cost.
L.2003,c.132,s.4.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-105 - Rules, regulations.

30:4C-105 Rules, regulations.
5. Subject to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Children and Families, in consultation with the Higher Education Student Assistance Authority shall adopt rules and regulations to effectuate the purposes of this act.
L.2003, c.132, s.5; amended 2006, c.47, s.158.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4D-2 - Declaration of purpose

30:4D-2. Declaration of purpose
It is the intent of the Legislature to make statutory provision which will enable the State of New Jersey to provide medical assistance, insofar as practicable, on behalf of persons whose resources are determined to be inadequate to enable them to secure quality medical care at their own expense, and to enable the State, within the limits of funds available for any fiscal year for such purposes, to obtain all benefits for medical assistance provided by the Federal Social Security Act as it now reads or as it may hereafter be amended, or by any other Federal act now in effect or which may hereafter be enacted. It is further the intent of the Legislature that benefits provided hereunder shall be last resource benefits notwithstanding any provisions contained in contracts, wills, agreements or other instruments.
L.1968, c. 413, s. 2. Amended by L.1979, c. 365, s. 1, eff. Feb. 4, 1980.