reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-27.20 - Eligibility for employment for certain rehabilitated offenders; determination.

30:4C-27.20 Eligibility for employment for certain rehabilitated offenders; determination.
5. a. For crimes and offenses other than those cited in subsection a. of section 4 of this act, an applicant or staff member may be eligible for employment at, or to administer, a facility if the individual has affirmatively demonstrated to the department clear and convincing evidence of rehabilitation pursuant to subsection b. of this section.
b. In determining whether an individual has affirmatively demonstrated rehabilitation, the following factors shall be considered:
(1) the nature and responsibility of the position at the facility that the convicted individual would hold, has held or currently holds, as the case may be;
(2) the nature and seriousness of the offense;
(3) the circumstances under which the offense occurred;
(4) the date of the offense;
(5) the age of the individual when the offense was committed;
(6) whether the offense was an isolated or repeated incident;
(7) any social conditions that may have contributed to the offense; and
(8) any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of those who have had the individual under their supervision.
c. The department shall make the final determination regarding the employment of the administrator of a facility with a criminal conviction specified under this section.
d. The administrator of the facility or the facility's board of directors shall make the final determination regarding the employment of a staff member or applicant with a criminal conviction specified under this section.
e. If the administrator of a facility has knowledge that a staff member has criminal charges pending against the staff member, the administrator shall promptly notify the department to determine whether or not any action concerning the staff member is necessary in order to ensure the safety of the children who are placed in the facility.
L.2003,c.186,s.5.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-27.21 - Immunity from liability on use of background information.

30:4C-27.21 Immunity from liability on use of background information.
6. a. A facility that has received an employment application from an individual or currently employs a staff member shall be immune from liability for acting upon or disclosing information about the disqualification or termination of that applicant or staff member to another facility seeking to employ that individual if the facility has:
(1) received notice from the department or the facility's board of directors, as applicable, that the applicant or staff member has been determined by the department or the board of directors to be disqualified from employment at a facility pursuant to this act; or
(2) terminated the employment of a staff member because the individual was disqualified from employment at the facility on the basis of a conviction of a crime pursuant to section 4 of this act after commencing employment at the facility.
b. A facility that acts upon or discloses information pursuant to subsection a. of this section shall be presumed to be acting in good faith unless it is shown by clear and convincing evidence that the facility acted with actual malice toward the individual who is the subject of the information.
L.2003,c.186,s.6.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-27.22 - Child abuse record information check required for securing, maintaining certificate of approval.

30:4C-27.22 Child abuse record information check required for securing, maintaining certificate of approval.
8. a. As a condition of securing or maintaining a certificate of approval from the department, the administrator of a facility shall ensure that the division conducts a child abuse record information check of its child abuse records to determine if an incident of child abuse or neglect has been substantiated, pursuant to section 4 of P.L.1971, c.437 (C.9:6-8.11), against any staff member of the facility.
b. The department shall not issue a certificate of approval to a facility until the facility has requested that the division conduct a child abuse record information check on each staff member employed by or working at the facility.
c. The department shall deny, revoke or refuse to renew the facility's certificate of approval, as appropriate, if the department determines that an incident of child abuse or neglect by an administrator of a facility has been substantiated.
d. Each staff member of a facility shall provide prior written consent for the division to conduct a child abuse record information check.
e. If the administrator of the facility refuses to consent to, or cooperate in, the securing of a division child abuse record information check, the department shall suspend, deny, revoke or refuse to renew the facility's certificate of approval, as appropriate.
f. If a staff member of the facility, other than the administrator, refuses to consent to, or cooperate in, the securing of a division child abuse record information check, the individual shall be immediately terminated from employment at the facility.
g. The division shall complete the child abuse record information check within 45 days after receiving the request for the check.
L.2003,c.186,s.8.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-27.23 - Facility established after effective date, request for staff background checks.

30:4C-27.23 Facility established after effective date, request for staff background checks.
9. a. In the case of a facility established after the effective date of this act, the administrator of the facility, prior to the facility's opening, shall ensure that a request for a child abuse record information check on each staff member is sent to the division.
A staff member shall not be left alone as the only adult caring for a child at the facility until the results of the staff member's child abuse record information check have been received by the administrator of the facility.
b. In the case of a facility granted a certificate of approval prior to the effective date of this act, the administrator of the facility, at the time of the facility's first renewal of its certificate of approval, shall ensure that a request for a child abuse record information check on each staff member is sent to the division.
c. Within two weeks after a new staff member begins employment at a facility, the administrator of the facility shall ensure that a request for a child abuse record information check on the new staff member is sent to the division.
A new staff member shall not be left alone as the only adult caring for a child at the facility until the results of the staff member's child abuse record information check have been received by the administrator of the facility.
d. If the division determines that an incident of child abuse or neglect by a staff member has been substantiated, the division shall advise the administrator of the facility of the results of the child abuse record information check and the facility shall immediately terminate the individual from employment at the facility.
e. The department shall consider, for the purposes of this act, any incidents of child abuse or neglect that were substantiated on or after June 29, 1995, to ensure that perpetrators have had an opportunity to appeal a substantiated finding of abuse or neglect; except that the department may consider substantiated incidents prior to that date, if the department, in its judgment, determines that the individual poses a risk of harm to children in a facility. In cases involving incidents substantiated prior to June 29, 1995, the department shall offer the individual an opportunity for a hearing to contest its action restricting the individual from employment at a facility.
L.2003,c.186,s.9.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-27.24 - Regulations relative to out-of-State facility serving State residents.

30:4C-27.24 Regulations relative to out-of-State facility serving State residents.
10. In the case of a facility located outside the State serving children who are residents of the State, the administrator of the facility shall ensure that an applicant or staff member meets all applicable laws and regulations in that state governing criminal history record background and child abuse record information checks that may be required as a condition of employment. In the event that criminal history record background and child abuse record information checks are not mandated, the administrator of the facility shall require that the applicant or staff member make a voluntary disclosure of any criminal conviction. The results of the disclosure shall be made available to the department, so the department can determine the suitability of the individual for employment at the facility during the time children who are residents of the State are placed in the facility.
L.2003,c.186,s.10.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-27.25 - Responsibility for costs, funding of background checks.

30:4C-27.25 Responsibility for costs, funding of background checks.
11. The department shall be responsible for the cost of processing and funding all criminal history record background and child abuse record information checks required pursuant to this act. The department shall also be responsible for paying the cost of obtaining the fingerprints or other identifier authorized by the Division of State Police, unless that service is available at no cost to the employee or individual seeking employment.
L.2003,c.186,s.11.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-28 - Discharge for care, custody, or guardianship.

30:4C-28 Discharge for care, custody, or guardianship.
28. The Division of Child Protection and Permanency may at any time discharge from its care, custody, or guardianship any child, if in the opinion of the division the best interests of the child will be promoted thereby.
L.1951, c.138, s.28; amended 1962, c.197, s.29; 2012, c.16, s.91.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-29 - Payments for maintenance.

30:4C-29 Payments for maintenance.
29. Subject to the provisions of section 30 of P.L.1951, c.138 (C.30:4C-30), payments for maintenance shall be made by the Division of Child Protection and Permanency.
The Division of Child Protection and Permanency is hereby empowered to receive from the State Treasurer and from the county treasurer of each county such sums as shall be appropriated for the purposes of P.L.1951, c.138 (C.30:4C-1 et seq.), and shall cause such sums to be set up in a special account or accounts subject to disbursement by the Division of Child Protection and Permanency.
L.1951, c.138, s.29; amended 1962, c.197, s.30; 2012, c.16, s.92.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-29.1 - Liability for maintenance costs.

30:4C-29.1 Liability for maintenance costs.
1. a. In any case in which the Department of Children and Families, through the Division of Child Protection and Permanency, is providing care or custody for any child when the child is in a resource family home, any legally responsible person of the child, if of sufficient financial ability, is liable for the full costs of maintenance of the child incurred by the division. If the legally responsible person is of insufficient financial ability, the person is liable in an amount which a court of competent jurisdiction directs according to a scheduled rate approved by the division. Nothing contained herein shall prevent the legally responsible person from voluntarily executing an agreement for payment to the division for the costs of maintenance of the child receiving care or custody when the child is in a resource family home.
b. The division shall have a lien against the property of the legally responsible person in an amount equal to the amount to be paid, which lien shall have priority over all unrecorded encumbrances.
c. If the legally responsible person fails to reimburse the department, through the division, for the costs of maintenance of a child incurred by the division when the child is in a resource family home, a court of competent jurisdiction, upon the complaint of the Commissioner of Children and Families, may summon the legally responsible person and other witnesses, and may order the legally responsible person to pay an amount to the department, according to a scheduled rate approved by the division.
d. In any case in which the department, through the division, has agreed to provide youth facilities aid to a public, private, or voluntary agency pursuant to P.L.1962, c.142 (C.30:4C-29.1 et seq.), the division shall have a lien against the property of any person, persons, or agency so contracting, in an amount equal to the amount or amounts so contracted to be paid, which lien shall have priority over all unrecorded encumbrances. The lien shall be reduced for each year of service provided by the agency at a rate to be negotiated by the division and the agency, but in no case more than 20% a year; provided, however, that annual reductions shall not exceed $10,000.
L.1962, c.142, s.1; amended 1964, c.102, s.21; 1979, c.309, s.4; 1985, c.8, s.4; 2004, c.130, s.80; 2006, c.47, s.140; 2012, c.16, s.93.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-29.2 - Lien on real property

30:4C-29.2. Lien on real property
At any time during the period during which said child is within the care and custody of the division and within two years after the date upon which said care and custody is terminated, the division, through any officer or employee authorized by it so to do, may execute and file a certificate with the county clerk, or if there be such an officer in the county, with the register of deeds and mortgages of the county, or with the clerk of the Superior Court, as the case may be, which certificate shall state the name of the child, the date when the child came under the care and custody of the division and the date of the agreement, if any, the name of the person or persons by whom the agreement was made, if any, and the sum or sums which said person or persons agreed or is liable to pay to the division for the support and maintenance of said child, and the amount due the division for such service at the time of the filing of the certificate, and the rate of accumulation, if any shall occur thereafter, and the person or persons from whom such sum or sums are or will become due, and upon the filing of said certificate the lien shall immediately attach to and become binding upon all real property in the ownership of the person or persons against whom it is filed in the county, if it is filed in the county, or wherever situate in the State, if it is filed in the Superior Court, and it shall have the force and effect of a judgment at law.
At any time after the signing of an agreement to provide youth facilities aid under this act for the duration of both that agreement and any service agreement, the division, through any officer or employee authorized so to do, may execute and file a lien certificate with the county clerk or with the clerk of the Superior Court, which shall state the names and addresses of both parties, the date of the signing of the contract, the sum or sums which were disbursed to the agency in the expectation that the agency would provide contract services to the division in the future, and the amount due the division at the time of filing of said certificate.
L. 1962, c. 142, s. 2. Amended by L. 1964, c. 102, s. 22; L. 1979, c. 309, s. 5, eff. Jan. 17, 1980; L. 1985, c. 8, s. 5.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-29.3 - Books for recording certificates of lien; index

30:4C-29.3. Books for recording certificates of lien; index
The clerk or register of deeds and mortgages of the county, or the clerk of the Superior Court, as the case may be, shall provide suitable books in which all certificates of lien and other papers incidental thereto shall be received and recorded without the payment of any fee, which books shall be properly indexed in the name of the person or persons against whom the lien is claimed.
L.1962, c. 142, s. 3.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-29.4 - Property subject to lien; notice; liability for disposal of property after notice

30:4C-29.4. Property subject to lien; notice; liability for disposal of property after notice
The lien shall become binding upon any goods, rights, credits, chattels, moneys or effects which are held, for the present or subsequent use, of the person against whom the lien is claimed, by any person, firm or corporation, after notice of the existence of the lien forwarded by certified mail to said person, firm or corporation, who or which shall thereafter be precluded from disposing of said property rights until said lien is satisfied or the bureau consents thereto and any person, firm or corporation disposing of such properties or moneys after receipt of such notice of lien shall be liable to the bureau for the value of such properties or moneys so disposed of, except that when the notice of the lien is served upon a banking institution the lien shall be effective against such banking institution only in the amount of the accumulated delinquent maintenance stated therein.
L.1962, c. 142, s. 4. Amended by L.1964, c. 102, s. 23.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-29.5 - Compromise and settlement of claims

30:4C-29.5. Compromise and settlement of claims
The bureau is authorized to compromise and make settlement of any claim for which any lien is filed under the provisions of this act and the making and consummation of any such compromise shall be sufficient authorization for the discharge thereof.
L.1962, c. 142, s. 5. Amended by L.1964, c. 102, s. 24.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-29.6 - Discharge of lien; certificate

30:4C-29.6. Discharge of lien; certificate
Any such lien may be discharged by filing in the office in which the certificate of lien is filed, a certificate setting forth that said lien is discharged of record, signed and acknowledged by the duly authorized officer or employee of the bureau.
L.1962, c. 142, s. 6. Amended by L.1964, c. 102, s. 25.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-30 - Sharing of cost of maintenance by State and county

30:4C-30. Sharing of cost of maintenance by State and county
The cost of maintenance provided under this act for or on behalf of any child shall be borne by the State at the rate of 75% of the per capita cost of maintenance and by the county at the rate of 25% of the per capita cost for the entire year. During the period from July 1 through December 31 of each year the State shall pay to each county an amount equal to the county share of the per capita cost from January 1 through December 31 of that year, but not to exceed 25% of the total State and county cost of maintenance.
The Governor shall fix and determine and state in his annual budget message a sum sufficient to pay the estimated amount required to carry into effect the provisions of this act, together with the deficiencies, if any, incurred in the previous year. The Legislature shall include the amount so determined and stated, in the annual appropriations bill.
The division may fix the rate of per capita payment for the maintenance of children in each State program and subprogram, including the allowance for clothing.
L.1951,c.138,s.30; amended 1962,c.197,s.31; 1968,c.139,s.4; 1985,c.8,s.6; 1990,c.66,s.4; 1991,c.63,s.16.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-30.1 - Hospital care; total cost to be borne by state

30:4C-30.1. Hospital care; total cost to be borne by state
Notwithstanding the provisions of the act of which this act is a supplement, the total cost of hospital care for children as provided for therein shall be borne by the State and the contributions required to be paid by the counties toward the cost of maintenance of said children shall include no part of the cost of such hospital care.
L.1962, c. 138, s. 1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-31 - Federal assistance; compliance with requirements of Department of Health, Education and Welfare

30:4C-31. Federal assistance; compliance with requirements of Department of Health, Education and Welfare
The State Board of Control or its duly authorized representative is hereby empowered to negotiate with the Federal Government to secure such financial assistance for the carrying out of this act as may be provided in the Federal Social Security Act, and the State Treasurer is hereby empowered to receive such moneys and shall cause them to be placed in the account or accounts of the Bureau of Childrens Services, acting as the agent of the State Board of Control for the purpose of carrying into effect the provisions of this act.
The State Board of Control is further empowered to organize the work of the Department of Institutions and Agencies in behalf of children to comply, in any manner consistent with law, with the reasonable requirements of the Federal Department of Health, Education and Welfare pursuant to Federal law, and to cooperate in extending and strengthening public welfare services for the protection and care of homeless, dependent and neglected children and children in danger of becoming delinquent.
L.1951, c. 138, p. 588, s. 31. Amended by L.1962, c. 197, s. 32.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-32 - Burial of child receiving care; expenses.

30:4C-32 Burial of child receiving care; expenses.
32. Whenever a child receiving care, custody, or guardianship as provided by P.L.1951, c.138 (C.30:4C-1 et seq.) has died, and an investigation by the Division of Child Protection and Permanency discloses that there are insufficient funds from any other source to provide proper burial, the division shall authorize the expenditure of an amount reasonably necessary to provide proper burial for the child, and the amount shall be a proper charge against State funds, within the limits of available appropriations, in the same manner and extent as expenditures for maintenance.
The amount reasonably necessary to provide proper burial shall be determined by the average cost for a proper burial and funeral charged by funeral directors in the locality in which the child is buried.
L.1951, c.138, s.32; amended 1962, c.197, s.33; 1985, c.282, s.1; 1990, c.66, s.5; 2012, c.16, s.94.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-33 - Compromise and settlement of claims.

30:4C-33 Compromise and settlement of claims.
33. The Division of Child Protection and Permanency may compromise and settle any claim due or which may become due the division for reimbursement of moneys paid to any individual or organization for maintenance of a child. A memorandum of the compromise and settlement shall be entered in the official records of the division.
L.1951, c.138, s.33; amended 1962, c.197, s.34; 2012, c.16, s.95.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-34 - Recovery, reimbursement of moneys.

30:4C-34 Recovery, reimbursement of moneys.
34. Whenever the Division of Child Protection and Permanency shall recover or receive reimbursement of any moneys paid to any individual or organization for the maintenance of a child, the moneys so recovered or received shall be credited to the State treasury or to the Federal Government in the same proportion as they were charged in the original instance. The division is hereby authorized to take all necessary and proper action under the laws of this State for the recovery of any moneys wrongfully received or retained by any individual or organization, or for the recovery from the person or persons responsible under the laws of this State for the support of the child the value of maintenance furnished to the child.
L.1951, c.138, s.34; amended 1962, c.197, s.35; 2012, c.16, s.96.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-35 - Contributions.

30:4C-35 Contributions.
35. The Division of Child Protection and Permanency is authorized to retain any voluntary contributions of money heretofore received by it, and to receive future contributions. All contributions, whether already received or hereafter received, shall be kept in a separate fund, and shall be used only upon order of the division for the purposes for which the contributions were made, and the funds shall be in the custody and control of the division; provided, however, that any contribution made to the division, the original purpose of which is no longer practicable or possible of achievement, may be used by the division, at its discretion, for the general benefit and welfare of children under its supervision.
L.1951, c.138, s.35; amended 1962, c.197, s.36; 2012, c.16, s.97.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-36 - Petty cash fund.

30:4C-36 Petty cash fund.
36. On application in writing by the Division of Child Protection and Permanency, the State Treasurer on warrant of the Director of the Division of Budget and Accounting may pay to the division from its annual appropriation such amount not exceeding $5,000 as may be necessary to establish a petty cash fund for the payment of traveling expenses and other current expenses as require a prompt cash outlay.
The division shall file an account with vouchers attached showing all expenditures from its petty cash fund and on receipt of the amount thereof from the State Treasurer shall reimburse the fund. Any questions with reference to the allowance, expenditure, accounting, and reimbursement of petty cash moneys shall be finally determined by ruling of the Director of the Division of Budget and Accounting.
L.1951, c.138, s.36; amended 1962, c.197, s.37; 2012, c.16, s.98.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-37 - Checks, drafts, warrants, procedure if uncashed.

30:4C-37 Checks, drafts, warrants, procedure if uncashed.
37. Whenever the Division of Child Protection and Permanency shall have issued, or shall hereafter issue, any checks, drafts, or warrants to be paid from moneys received from the Federal Government, the State, or any county of this State for the cost of maintenance, and the checks, drafts, or warrants shall not be cashed for a period of one year from the date of issue, the following procedure shall be taken:
(a) The division shall give due notice to the bank on which the checks, drafts, or warrants were issued that no payment shall be made thereon.
(b) The division shall then from time to time deposit in a special fund moneys in an amount equal to that represented by the checks, drafts, or warrants, which moneys shall be held for the payments of the checks, drafts, or warrants. The special fund shall be in the custody and control of the division.
(c) The moneys so deposited shall be maintained in the special fund for a period of six years from the date of deposit, and, if still unclaimed after that time by anyone having a legal right thereto, shall be credited to the Federal Government, the State, or any county of this State in the same proportion as the moneys were received by the division in the original instance.
Whenever the division shall have credited any moneys to the Federal Government, the State, or any county of this State pursuant to the provisions of this section, it shall thereupon be free of all obligations as to those checks, drafts, or warrants for which such moneys have been held for payment.
L.1951, c.138, s.37; amended 1962, c.197, s.38; 2012, c.16, s.99.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-38 - Repeal

30:4C-38. Repeal
The following acts and statutes together with all amendments thereof and supplements thereto are repealed:
Articles one, two and three of chapter five of Title 30 of the Revised Statutes;
"An act defining the guardianship of the State Board of Children's Guardians and providing for the administration thereof," approved May eleventh, one thousand nine hundred and thirty-eight (P.L.1938, c. 160);
"An act to amend an act entitled "An act concerning the care, maintenance, supervision and guardianship of dependent and neglected children, promoting home life therefor, providing penalties for violation thereof, and amending sections 30:5-1, 30:5-33, 30:5-36, 30:5-43 and 30:5-44 of the Revised Statutes.' approved May eleventh, one thousand nine hundred and thirty-eight," approved June twenty-second, one thousand nine hundred and thirty-eight (P.L.1938, c. 400);
"An act concerning checks, drafts or warrants issued by the State Board of Children's Guardians which remain uncashed for a period of one year, and providing for the disposition of moneys held for payment thereof," approved July twelfth, one thousand nine hundred and thirty-nine (P.L.1939, c. 213);
"An act concerning the care, maintenance, supervision and guardianship of dependent and neglected children, promoting home life therefor, providing penalties for violation thereof, and amending section 30:5-4 of the Revised Statutes," approved July eighteenth, one thousand nine hundred and thirty-nine (P.L.1939, c. 245);
"An act concerning the care, maintenance, supervision and guardianship of dependent and neglected children, promoting home life therefor, providing penalties for violation thereof, and amending sections 30:5-7 and 30:5-8 of the Revised Statutes," approved May sixth, one thousand nine hundred and forty-two (P.L.1942, c. 140);
"An act concerning the care, maintenance, supervision and guardianship of dependent and neglected children, promoting home life therefor, providing penalties for violation thereof, and amending sections 30:5-19, 30:5-21 and 30:5-26 of the Revised Statutes," approved May fourteenth, one thousand nine hundred and forty-two (P.L.1942, c. 223);
"An act concerning grants of home life assistance by the State Board of Children's Guardians, and amending section 30:5-33 of the Revised Statutes," approved April thirtieth, one thousand nine hundred and forty-five (P.L.1945, c. 264);
"An act to change the name of the State Board of Children's Guardians to the State Board of Child Welfare, and supplementing chapter five of Title 30 of the Revised Statutes," approved June eleventh, one thousand nine hundred and forty-seven (P.L.1947, c. 257);
Chapter five A of Title 30 of the Revised Statutes.
L.1951, c. 138, p. 591, s. 38.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-39 - Continuation of consistent provisions of prior laws; effect of repeal

30:4C-39. Continuation of consistent provisions of prior laws; effect of repeal
To the extent that this act contains provisions not inconsistent with those of prior laws it shall be construed as a continuation of such laws. The repeal of the acts and statutes as provided by section thirty-eight hereof shall not revive or re-establish any office, positions, functions, powers, or duties heretofore abolished by such acts and statutes.
L.1951, c. 138, p. 592, s. 39.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-41 - "Approved agency" defined

30:4C-41. "Approved agency" defined
"Approved agency" as used herein means a legally constituted agency having its principal office within this State, which holds a valid certificate of approval from the Department of Institutions and Agencies, as provided by law, to place children in New Jersey for purposes of adoption.
L.1962, c. 206, s. 1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-42 - Adoption Resource Exchange.

30:4C-42 Adoption Resource Exchange.
2. The Division of Child Protection and Permanency, is hereby authorized and empowered, subject to the availability of appropriations therefor, to establish an Adoption Resource Exchange, the services of which shall be available only to approved agencies as a further resource to facilitate placement of children for adoption by and through the agencies.
L.1962, c.206, s.2; amended 1964, c.102, s.26; 2012, c.16, s.100.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-43 - Purpose of adoption resource exchange.

30:4C-43 Purpose of adoption resource exchange.
3. The Adoption Resource Exchange authorized by P.L.1962, c.206 (C.30:4C-41 et seq.) shall not itself engage in the placement of children for adoption nor shall it be construed as a substitute for other local community resources, whether public or voluntary. It shall be a facility whereby the Division of Child Protection and Permanency and other approved agencies may mutually share and exchange information concerning children available for adoption and homes available for the placement of adoptive children.
L.1962, c.206, s.3; amended 1964, c.102, s.27; 2012, c.16, s.101.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-44 - Rules, regulations, and procedures.

30:4C-44 Rules, regulations, and procedures.
4. The Division of Child Protection and Permanency is hereby authorized and empowered to establish rules, regulations, and procedures necessary to accomplish the purposes of P.L.1962, c.206 (C.30:4C-41 et seq.).
L.1962, c.206, s.4; amended 1964, c.102, s.28; 2012, c.16, s.102.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-45 - Legislative intent.

30:4C-45 Legislative intent.
1. It is the intent of the Legislature in enacting this act to benefit hard-to-place children in resource family care at State expense by providing the stability and security of permanent homes.
L.1973,c.81,s.1; amended 2004, c.130, s.81.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-46 - Payments in subsidization of adoption; qualifications.

30:4C-46 Payments in subsidization of adoption; qualifications.
2. The Division of Child Protection and Permanency shall make payments to adoptive parents on behalf of a child placed for adoption by the division whenever:
a. The child because of physical or mental condition, race, age, or membership in a sibling group, or for any other reason falls into the category of a child hard to place for adoption;
b. The adoptive family is capable of providing the permanent family relationships needed by the child; and
c. Except in situations involving adoption by a child's resource family parent, there has been a reasonable effort to place the child in an adoptive setting without providing a subsidy.
Payments shall be made on behalf of a child placed for adoption by the division except that whenever a child who would otherwise be eligible for subsidy payment is in the care of an approved New Jersey adoption agency pursuant to P.L.1977, c.367 (C.9:3-37 et seq.) a child shall, upon application by the agency and satisfaction of the regular requirements of the adoption subsidy program, be approved for participation in the adoption subsidy program. In any case the division may approve payment in subsidization of adoption for a child without legal transfer of care or custody of the child to the division. The division shall adopt regulations for administration of this program with respect to these children, except that all children are evaluated for eligibility in the same manner as children already under the care, custody, or guardianship of the division.
L.1973, c.81, s.2; amended 1983, c.484, s.1; 2004, c.130, s.82; 2012, c.16, s.103.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-47 - Costs and expenses covered.

30:4C-47 Costs and expenses covered.
3. Payments in subsidization of adoption shall include but are not limited to the maintenance costs, medical and surgical expenses, and other costs incidental to the care, training and education of the child. Such payments may not exceed the cost of providing comparable assistance in resource family care and shall not be made after the adoptive child becomes 18 years of age, except that payments shall be made until the child becomes 21 years of age if the child is enrolled as a student of a secondary school or its equivalent.
L.1973,c.81,s.3; amended 1983, c.484, s.2; 2005, c.169, s.12.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-48 - Qualifications; original and annual determination.

30:4C-48 Qualifications; original and annual determination.
4. Qualification for payments in subsidization of adoption shall be determined and approved by the Division of Child Protection and Permanency prior to the completion of the adoption proceeding, and may be redetermined annually thereafter. No payments shall be made for any child who the division has determined was brought into this State for the sole purpose of qualifying for an adoption subsidy pursuant to P.L.1973, c.81 (C.30:4C-45 et seq.).
L.1973, c.81, s.4; amended 1983, c.484, s.3; 2012, c.16, s.104.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-49 - Rules and regulations.

30:4C-49 Rules and regulations.
5. The Division of Child Protection and Permanency shall make all necessary rules and regulations for administering the program for payments in subsidization of adoptions.
L.1973, c.81, s.5; amended 1983, c.484, s.4; 2012, c.16, s.105.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-51 - Legislative declarations.

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 Child Protection and Permanency with the opportunity for eventual return to the child's 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 P.L.1977, c.424 (C.30:4C-50 et seq.) 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.
L.1977, c.424, s.2; amended 1999, c.53, s.37; 2012, c.16, s.106.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-52 - Definitions.

30:4C-52 Definitions.
3. As used in P.L.1977, c.424 (C.30:4C-50 et seq.), 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 who resides in a resource family 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 Child Protection and Permanency in the Department of Children and Families;
e. "Temporary caretaker" means a resource family 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.
L.1977, c.424, s.3; amended 1978, c.125, s.1; 1982, c.24, s.1; 1987, c.252, s.1; 1999, c.53, s.38; 2004, c.130, s.83; 2005, c.169, s.13; 2006, c.47, s.141; 2012, c.16, s.107.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-53 - Filing notice of placement of child outside home.

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).
L.1977,c.424,s.4; amended 1978, c.125, s.2; 1984, c.85, s.1; 1987, c.252, s.2; 1999, c.53, s.39.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-53.1 - Findings, declarations.

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 the child's home by the Division of Child Protection and Permanency in the Department of Children and Families with 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:
a. Due to the severity of health and social problems such as AIDS, drug abuse, and homelessness, the division 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 resource family care; and
b. Research has shown that the longer children remain in the resource family care system, the greater number of placements they experience. As a result of these multiple placements, from birth family to resource family home, and from one resource family home to another resource family home, children develop emotional and psychological problems, making it more difficult for them to develop a positive self-image; and
c. (Deleted by amendment, P.L.2004, c.130).
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 resource family care and promotes the eventual placement of these children in stable and safe permanent homes.
L.1991, c.448, s.1; amended 1999, c.53, s.40; 2004, c.130, s.84; 2006, c.47, s.142; 2012, c.16, s.108.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-53.2 - Definition of "repeated placement in resource family care," "placed again into resource family care."

30:4C-53.2 Definition of "repeated placement in resource family care," "placed again into resource family care."
2. For purposes of P.L.1991, c.448 (C.30:4C-53.1 et seq.), the terms "repeated placement into resource family care" and "placed again into resource family care" shall apply to a child who has been placed in the custody of the Division of Child Protection and Permanency for placement in resource family care by the Family Part of the Chancery Division of the Superior Court or as a result of a voluntary placement agreement pursuant to P.L.1974, c.119 (C.9:6-8.21 et seq.), released into the custody of the child's parents or legally responsible guardian at the conclusion of the placement and is once again temporarily removed from the child's place of residence and placed under the division's care and supervision.
L.1991, c.448, s.2; amended 2004, c.130, s.85; 2012, c.16, s.109.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-53.4 - Petition to terminate parental rights.

30:4C-53.4 Petition to terminate parental rights.
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.
L.1991,c.448,s.4; amended 1999, c.53, s.42.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4C-53.5 - Rules, regulations.

30:4C-53.5 Rules, regulations.
5. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Children and Families shall adopt all rules and regulations necessary to effectuate the purposes of this act.
L.1991, c.448, s.5; amended 2006, c.47, s.143.