reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:2-5 - Death of parent having custody; reversion of custody to surviving parent; appointment of guardian by superior court; removal

9:2-5. Death of parent having custody; reversion of custody to surviving parent; appointment of guardian by superior court; removal
In case of the death of the parent to whom the care and custody of the minor children shall have been awarded by the Superior Court, or in the case of the death of the parent in whose custody the children actually are, when the parents have been living separate and no award as to the custody of such children has been made, the care and custody of such minor children shall not revert to the surviving parent without an order or judgment of the Superior Court to that effect. The Superior Court shall have the right, in an action brought by a guardian ad litem on behalf of the children, to appoint such friend or other suitable person, guardian of such minor children, and shall have the right to remove such guardian, and to appoint a new guardian or guardians, and to make such judgments and orders, from time to time, as the circumstances of the case and the benefit of the children shall require.
Amended by L.1948, c. 321, p. 1297, s. 5; L.1953, c. 9, p. 71, s. 4.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:2-7 - Habeas corpus to determine custody of child; access to child

9:2-7. Habeas corpus to determine custody of child; access to child
When any husband and wife shall live in a state of separation without being divorced, and shall have any minor child of the marriage, the Superior Court, upon such child being brought before it upon habeas corpus, shall award the custody of such child and make such order or judgment relating thereto for the access of either parent to such child, at such times and under such circumstances, as it may deem proper.
Amended by L.1948, c. 321, p. 1297, s. 6; L.1953, c. 9, p. 71, s. 5.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:2-7.1 - Visitation rights for grandparents, siblings

9:2-7.1. Visitation rights for grandparents, siblings
1.a. A grandparent or any sibling of a child residing in this State may make application before the Superior Court, in accordance with the Rules of Court, for an order for visitation. It shall be the burden of the applicant to prove by a preponderance of the evidence that the granting of visitation is in the best interests of the child.
b. In making a determination on an application filed pursuant to this section, the court shall consider the following factors:
(1) The relationship between the child and the applicant;
(2) The relationship between each of the child's parents or the person with whom the child is residing and the applicant;
(3) The time which has elapsed since the child last had contact with the applicant;
(4) The effect that such visitation will have on the relationship between the child and the child's parents or the person with whom the child is residing;
(5) If the parents are divorced or separated, the time sharing arrangement which exists between the parents with regard to the child;
(6) The good faith of the applicant in filing the application;
(7) Any history of physical, emotional or sexual abuse or neglect by the applicant; and
(8) Any other factor relevant to the best interests of the child.
c. With regard to any application made pursuant to this section, it shall be prima facie evidence that visitation is in the child's best interest if the applicant had, in the past, been a full-time caretaker for the child.
L.1971,c.420,s.1; amended 1973,c.100; 1987,c.363,s.2; 1993,c.161,s.1.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:2-7.2 - Concealment of child; preliminary hearing as to custody

9:2-7.2. Concealment of child; preliminary hearing as to custody
1. When any husband and wife shall live in a state of separation without being divorced and shall have any minor child or children of the marriage, and when either spouse shall willfully conceal the whereabouts of said child or children, the Superior Court, Chancery Division, Family Part, upon application of the aggrieved parent, shall conduct a preliminary hearing as to the custody of said child or children and shall make such order relating thereto for the access of either parent to such child at such times and under such circumstances as it may deem proper.
L.1974,c.152,s.1; amended 1991,c.91,s.189.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:2-9 - Unfit parents and custodians, court action to grant relief

9:2-9. Unfit parents and custodians, court action to grant relief
9:2-9. When the parents of any minor child or the parent or other person having the actual care and custody of any minor child are grossly immoral or unfit to be intrusted with the care and education of such child, or shall neglect to provide the child with proper protection, maintenance and education, or are of such vicious, careless or dissolute habits as to endanger the welfare of the child or make the child a public charge, or likely to become a public charge; or when the parents of any minor child are dead or cannot be found, and there is no other person, legal guardian or agency exercising custody over such child; it shall be lawful for any person interested in the welfare of such child to institute an action in the Superior Court, Chancery Division, Family Part, in the county where such minor child is residing, for the purpose of having the child brought before the court, and for the further relief provided by this chapter. The court may proceed in the action in a summary manner or otherwise.
Amended 1948,c.321,s.7; 1949,c.245,s.1; 1953,c.9,s.6; 1991,c.91,s.190.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:2-10 - Order for proper care of child

9:2-10. Order for proper care of child
9:2-10. In an action brought pursuant to R.S.9:2-9, the Superior Court, after an investigation shall have been made by the chief probation officer of the county in which the child may reside, concerning the reputation, character and ability of the plaintiff, or such other person as the court may direct, to properly care for such child, shall make an order or judgment committing the child to the care and custody of such person, who will accept the same, as the court shall for that purpose designate and appoint, until such child shall attain the age of eighteen years, or the further direction of the court; provided, however, that in proper cases such care and custody may be exercised by supervision of the child in his own home, unless the court shall otherwise order. Such order or judgment may require the giving of a bond by the person to whose care or custody the said child may be committed, with such security and on such conditions as the court shall deem proper.
Amended 1948,c.321,s.8; 1949,c.245,s.2; 1953,c.9,s.7; 1991,c.91,s.191.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:2-11 - Commitment of child to child caring society; cost of proceedings; consent to adoption of child; support by relative

9:2-11. Commitment of child to child caring society; cost of proceedings; consent to adoption of child; support by relative
The court before which such proceedings shall be conducted, may, in the same manner but in lieu of committing such child, as in section 9:2-10 of this Title specified, commit such child to the care and custody of any society duly incorporated under the laws of this State for the care of children. In such case the court may, in its discretion, cause the person in whose custody such child was, or the county in which such child may reside, to pay all costs and expenses of such proceedings, and such person or society or institution to whom or to which such child is committed may, upon special authority granted in the order or judgment of commitment, give his or its consent, and such consent will be sufficient, to the legal adoption of such child; provided, however , that the granting of the right to consent to adoption shall in no wise be construed as authority to place a child for adoption except in accordance with the provisions of chapter three of this Title (s. 9:3-1 et seq.).
Whenever the court shall have made an order or judgment with respect to the care and custody of a child as contemplated by this Title, and it shall appear that the person in whose custody such child was is a relative financially able and legally liable to provide support for such child, the court may make a supplementary order requiring such relative to make such payment or payments for the support of such child as the court may deem reasonable under the circumstances.
Amended by L.1948, c. 321, p. 1298, s. 9; L.1949, c. 245, p. 786, s. 3; L.1953, c. 9, p. 73, s. 8.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:2-13 - Definitions.

9:2-13 Definitions.
1. For the purposes of P.L.1955, c.232 (C.9:2-13 et seq.), the following words and phrases, unless otherwise indicated, shall be deemed to have the following meanings:
(a) The phrase "approved agency" means a legally constituted agency having its principal office within or without this State, which has been approved, pursuant to law, to place children in New Jersey for purposes of adoption.
(b) The word "child" means any person under 18 years of age.
(c) The word "custody" means continuing control and authority over the person of a child, established by natural parenthood, by order or judgment of a court of competent jurisdiction, or by written surrender to and approved agency pursuant to law.
(d) The phrase "forsaken parental obligations" means willful and continuous neglect or failure to perform the natural and regular obligations of care and support of a child.
(e) The phrase "mentally incapacitated" means the inability to understand and discharge the natural and regular obligations of care and support of a child by reason of having a mental health condition, an intellectual disability, or a substance use disorder.
(f) The word "parent," when not otherwise described by the context, means a natural parent or parent by previous adoption.
(g) The word "may" shall be construed to be permissive and the word "shall" shall be construed to be mandatory.
L.1955, c.232, s.1; amended 1990, c.26, s.3; 2013, c.103, s.54; 2023, c.177, s.17.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:2-14 - Surrender of child custody; validity

9:2-14. Surrender of child custody; validity
Except as otherwise provided by law or by order or judgment of a court of competent jurisdiction or by testamentary disposition, no surrender of the custody of a child shall be valid in this State unless made to an approved agency pursuant to the provisions of this act or pursuant to the provisions of a substantially similar law of another State or territory of the United States or of the Dominion of Canada or of one of its provinces.
L.1955, c. 232, p. 896, s. 2.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:2-15 - Surrender or termination of rights of one parent; rights of other parent

9:2-15. Surrender or termination of rights of one parent; rights of other parent
No surrender of custody by, nor termination of the parental rights of, one parent shall affect the rights of the other parent; nor may one parent act as the agent or representative of the other parent in the surrender of custody or termination of parental rights.
L.1955, c. 232, p. 896, s. 3.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:2-16 - Voluntary surrender to approved agency

9:2-16. Voluntary surrender to approved agency
An approved agency may take a voluntary surrender of custody of a child from the parent of such child, or from such other person or persons who, by order of a court of competent jurisdiction, have been substituted for the parent as to custody of such child. Each such surrender, when properly acknowledged in the manner and form provided by sections 46:14-6 and 46:14-7 of the Revised Statutes, shall be valid whether or not the person giving the same is a minor, and shall be irrevocable except at the discretion of the approved agency taking such surrender or upon order or judgment of a court of competent jurisdiction, setting aside such surrender upon proof of fraud, duress or misrepresentation.
L.1955, c. 232, p. 896, s. 4.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:2-17 - Form of surrender

9:2-17. Form of surrender
The form of any such surrender shall be such as to declare that the person executing the same desires to relinquish the custody of the child, acknowledge the termination of parental rights as to such custody in favor of the approved agency, and acknowledge full understanding of the effect of such surrender as provided by this act. Any such surrender may include a statement that its purpose is to permit the approved agency to place the child for adoption by such person or persons as the approved agency may select.
L.1955, c. 232, p. 896, s. 5.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:2-18 - Procedure to terminate parental rights

9:2-18. Procedure to terminate parental rights
6. An approved agency which is providing supervision of a child may institute an action in the Superior Court, seeking the termination of the rights of the parents of such child and the transfer of custody of such child to the agency. A prior surrender of custody as provided by Article II of this act shall not be deemed a waiver of notice or service of process in proceedings under Article III hereof. At least five days prior to the hearing, the plaintiff shall file with the court a written report as to all circumstances of the case.
L.1955,c.232,s.6; amended 1991,c.91,s.192.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:2-19 - Grounds for terminating custody.

9:2-19 Grounds for terminating custody.
7. If the court shall determine that custody of the child has been surrendered as provided in Article II of P.L.1955, c.232 (C.9:2-13 et seq.), the court may declare that the person making such surrender shall have no further right to custody of the child. If the court shall determine that a parent of the child is dead, or mentally incapacitated as defined in section 1 of P.L.1955, c.232 C.9:2-13), or has forsaken parental obligation, the court may declare that such parent shall have no further right to custody of the child. If the court shall determine that a custodian or guardian has been appointed for the child, but that such custodian or guardian has willfully and continuously neglected or failed to discharge the responsibilities of such appointment, the court may declare that such custodian or guardian shall have no further control and authority over the person of the child.
L.1955, c.232, s.7; amended 1990, c.26, s.4; 2013, c.103, s.55.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:2-20 - Judgment terminating rights; effect of judgment

9:2-20. Judgment terminating rights; effect of judgment
If the court shall find that the parents of the child should have no further right to custody of the child, or that the custodian or guardian, if any, should have no further control and authority over the person of the child, a judgment shall be entered terminating such right or control and authority and transferring the custody of the child to the plaintiff. The judgment so entered, unless otherwise specified therein, shall not affect the duties of the parents, custodian or guardian with respect to support and maintenance of the child.
L.1955, c. 232, p. 898, s. 8.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-37 - Liberal construction; rights of affected persons.

9:3-37 Liberal construction; rights of affected persons.
1. This act shall be liberally construed to the end that the best interests of children be promoted and that the safety of children be of paramount concern. Due regard shall be given to the rights of all persons affected by an adoption.
L.1977,c.367,s.1; amended 1999, c.53, s.1.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-39.2 - Provision of certain information.

9:3-39.2 Provision of certain information.
7. In the event that the adopted person was under the care and custody of the Division of Child Protection and Permanency in the Department of Children and Families at the time of the person's adoption, the director of the Division of Child Protection and Permanency shall provide, upon request by an authorized requester, a statement providing summaries of the medical and social characteristics of birth family members, family health histories, the facts and circumstances related to adoptive placement, and summaries of case record material. The director shall not release case records in response to such a request.
L.2014, c.9, s.7.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-39.3 - Request for certain information.

9:3-39.3 Request for certain information.
8. a. An authorized requester may request the adoption facilitator that placed the child for adoption or conducted an investigation pursuant to section 12 of P.L.1977, c.367 (C.9:3-48) to provide any available non-identifying family medical history information concerning the adopted person contained in that person's confidential case records maintained by the adoption facilitator.
b. Upon receipt of a request pursuant to subsection a. of this section, the adoption facilitator shall provide the requester with a detailed summary of any available non-identifying family medical history information concerning the adopted person contained in that person's confidential case records.
c. If the requester is unable to obtain any available non-identifying family medical history information pursuant to subsection b. of this section because the adoption facilitator is unknown, in order to accommodate the request, the requester may petition the court that granted the adoption to identify the adoption facilitator, if possible.
L.2014, c.9, s.8.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-40 - Qualification of agencies for approval.

9:3-40 Qualification of agencies for approval.
4. The Commissioner of Children and Families shall promulgate rules and regulations relating to the qualification of agencies for approval to make placements for adoption in New Jersey. The rules and regulations shall include, but shall not be limited to, standards of professional training and experience of staff, requirements relating to responsibilities and the character of trustees, officers or other persons supervising or conducting the placement for adoption program, adequacy of facilities, maintenance and confidentiality of casework records and furnishing of reports. The requirements relating to the character of trustees, officers or other persons supervising or conducting the placement for adoption program at the agency shall include a prohibition on engaging in, or the permitting of, any conduct that is deemed inappropriate to the purposes of the agency. In the selection of adoptive parents the standard shall be the best interests of the child; and an approved agency shall not discriminate with regard to the selection of adoptive parents for any child on the basis of age, sex, race, national origin, religion or marital status provided, however, that these factors may be considered in determining whether the best interests of a child would be served by a particular placement for adoption or adoption.
L.1977, c.367, s.4; amended 1993, c.345, s.2; 2003, c.11, s.1; 2006, c.47, s.35.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-40.1 - Denial, suspension, revocation, refusal to renew agency's certificate on character requisites.

9:3-40.1 Denial, suspension, revocation, refusal to renew agency's certificate on character requisites.
2. The Department of Children and Families may deny, suspend, revoke or refuse to renew an adoption agency's certificate of approval if the agency is in violation of the requirements relating to the character of trustees, officers or other persons supervising or conducting a placement for adoption program established pursuant to section 4 of P.L.1977, c.367 (C.9:3-40).
L.2003, c.11, s.2; amended 2006, c.47, s.36.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-40.2 - Definitions relative to adoption agencies.

9:3-40.2 Definitions relative to adoption agencies.
1. As used in this act:
"Approved agency" or "agency" shall have the same meaning as provided in section 2 of P.L.1977, c.367 (C.9:3-38);
"Department" means the Department of Children and Families;
"Staff member" means a person 18 years of age or older who is an administrator of an agency, or who works in an agency on a regularly scheduled basis during the agency's operating hours. Staff member includes full-time, part-time, voluntary, contract, consulting, and substitute staff, whether compensated or not.
L.2008, c.114, s.1.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-40.3 - Criminal history record background check for staff members of adoption agency.

9:3-40.3 Criminal history record background check for staff members of adoption agency.
2. a. As a condition of securing or maintaining approval by the Department of Children and Families as an adoption agency, the administrator of an agency shall ensure that a criminal history record background check is conducted on each staff member of the agency.
b. If the administrator of an agency refuses to consent to, or cooperate in, the securing of a criminal history record background check, the department shall suspend, deny, revoke or refuse to renew the agency's approval as an adoption agency, as appropriate.
c. If a staff member of an agency, other than the administrator, refuses to consent to, or cooperate in, the securing of a criminal history record background check, the individual shall be immediately terminated from employment at the agency.
d. The cost of a criminal history record background check conducted pursuant to this act shall be paid by the agency.
L.2008, c.114, s.2.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-40.4 - Request for criminal history record background check by agency.

9:3-40.4 Request for criminal history record background check by agency.
3. a. In the case of an adoption agency established after the effective date of this act, the administrator of the agency, prior to the agency's opening, shall ensure that a request for a criminal history record background check on each staff member is sent to the department for processing by the Division of State Police in the Department of Law and Public Safety and the Federal Bureau of Investigation.
A staff member shall not be left alone as the only adult accompanying a child until the staff member's criminal history record background check has been reviewed by the department pursuant to this act.
b. In the case of an adoption agency approved prior to the effective date of this act, the administrator of the agency shall ensure that a request for a criminal history record background check on each staff member is submitted to the department within 60 days of the effective date of this act for processing by the Division of State Police and the Federal Bureau of Investigation.
c. Within two weeks after a new staff member begins employment at an approved agency, the administrator of the agency shall ensure that a request for a criminal history record background check on the new staff member is submitted to the department for processing by the Division of State Police and the Federal Bureau of Investigation.
A new staff member shall not be left alone as the only adult accompanying a child until the staff member's criminal history record background check has been reviewed by the department pursuant to this act.
L.2008, c.114, s.3.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-40.6 - Convincing evidence of rehabilitation.

9:3-40.6 Convincing evidence of rehabilitation.
5. a. For crimes and offenses other than those cited in subsections a. and b. of section 4 of this act, a staff member may be eligible for employment at an approved agency if the staff member has affirmatively demonstrated to the department clear and convincing evidence of rehabilitation pursuant to subsection b. of this section.
b. In determining whether a staff member has affirmatively demonstrated rehabilitation, the following factors shall be considered:
(1) the nature and responsibility of the position at the agency that the convicted staff member 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 staff member 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 staff member under their supervision.
c. The department shall make the final determination regarding the employment of the administrator of an agency with a criminal conviction specified under this section.
d. The administrator of the agency shall make the final determination regarding the employment of a staff member or applicant with a criminal conviction specified under this section.
e. If an administrator has knowledge that a staff member has criminal charges pending against the staff member, the administrator shall promptly notify the department to determine whether any action concerning the staff member is necessary.
L.2008, c.114, s.5.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-40.7 - Immunity from liability relative to disclosure of information by agency.

9:3-40.7 Immunity from liability relative to disclosure of information by agency.
6. a. An approved agency 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 agency seeking to employ that staff member if the agency has:
(1) received notice from the department, that the applicant or staff member has been determined by the department to be disqualified from employment pursuant to this act; or
(2) terminated the employment of a staff member because the staff member was disqualified from employment on the basis of a conviction of a crime or disorderly persons offense pursuant to section 4 of this act after commencing employment at the agency.
b. An approved agency 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 agency acted with actual malice toward the staff member who is the subject of the information.
L.2008, c.114, s.6.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-40.8 - Child abuse record information check by agency.

9:3-40.8 Child abuse record information check by agency.
7. a. In addition to the requirement for a criminal history record background check pursuant to section 2 of this act, the administrator of an agency shall request that the department conduct 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 agency.
b. The department shall deny, revoke or refuse to renew the agency's approval, as appropriate, if the department determines that an incident of child abuse or neglect by an administrator of an agency has been substantiated.
c. Each staff member of an agency or applicant for employment at the agency shall provide prior written consent for the department to conduct a child abuse record information check.
d. If the administrator of the agency refuses to consent to, or cooperate in, the securing of a child abuse record information check, the department shall suspend, deny, revoke or refuse to renew the agency's approval as an adoption agency, as appropriate.
e. If a staff member of an agency refuses to consent to, or cooperate in, the securing of a child abuse record information check, the individual shall be immediately terminated from employment at the agency.
f. The department shall complete the child abuse record information check within 45 days after receiving the request for the check.
L.2008, c.114, s.7.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-40.9 - Agency established after effective date, request for child abuse record information check for all staff members.

9:3-40.9 Agency established after effective date, request for child abuse record information check for all staff members.
8. a. In the case of an adoption agency established after the effective date of this act, the administrator of the agency, prior to the agency's opening, shall ensure that a request for a child abuse record information check on each staff member is sent to the department.
The department shall not issue an approval to an adoption agency until the agency has requested that the department conduct a child abuse record information check on each staff member employed at the agency.
b. In the case of an adoption agency approved prior to the effective date of this act, the administrator of the agency shall submit a request to the department within 60 days of the effective date of this act for a child abuse record information check on each staff member.
c. Within two weeks after a new staff member begins employment at an agency, the administrator of the agency shall ensure that a request for a child abuse record information check on the new staff member is sent to the department.
A new staff member shall not be left alone as the only adult accompanying a child until the results of the staff member's child abuse record information check have been received by the administrator of the agency.
d. If the department determines that an incident of child abuse or neglect by a staff member has been substantiated, the department shall advise the administrator of the agency of the results, and the agency shall immediately terminate the staff member from employment at the agency.
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 staff member poses a risk of harm to children in an agency. In cases involving incidents substantiated prior to June 29, 1995, in which the department determined that the individual posed such a risk, the department shall offer the staff member an opportunity for a hearing to contest the substantiation.
L.2008, c.114, s.8.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-40.10 - Adoption agencies located out-of-State.

9:3-40.10 Adoption agencies located out-of-State.
9. In the case of an adoption agency located outside the State, the administrator of the agency shall ensure that all applicants or staff members meet 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 required, the administrator of the agency shall require that the applicant or staff member make a voluntary disclosure of any criminal conviction or substantiation for child abuse or neglect. The results of the disclosure shall be made available to the department, so the department can determine the suitability of the staff member or applicant for employment.
L.2008, c.114, s.9.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-40.11 - Regulations unaffected.

9:3-40.11 Regulations unaffected.
6. a. Nothing in this act shall affect regulations adopted by the Department of Children and Families with respect to adoptions facilitated by the Department of Children and Families.
b. Nothing in this act shall alter the requirement for an approved adoption agency to provide a prospective parent with non-identifying information relevant to the child's development, including the child's developmental and medical history, and the birth parents' complete medical histories, as provided in section 1 of P.L.1979, c.292 (C.9:3-41.1).
L.2014, c.9, s.6.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-41.1 - Provision of available information on child's development to prospective parent.

9:3-41.1 Provision of available information on child's development to prospective parent.
1. a. An approved agency making an investigation of the facts and circumstances surrounding the surrender of a child shall provide a prospective parent with all available information, other than information which would identify or permit the identification of the birth parent of the child, relevant to the child's development, including his developmental and medical history, personality and temperament, the parent's complete medical histories, including conditions or diseases which are believed to be hereditary, any drugs or medications taken during pregnancy and any other conditions of the parent's health which may be a factor influencing the child's present or future health. This information shall be made available to the prospective parent prior to the actual adoptive placement to the extent available and supplemented upon the completion of an investigation conducted by an approved agency pursuant to section 12 of P.L.1977, c.367 (C.9:3-48).
b. The available information required of an approved agency by subsection a. of this section shall be presented to the adoptive parents on standardized forms prepared by the Commissioner of Children and Families.
L.1979, c.292, s.1; amended 1993, c.345, s.4; 2006, c.47, s.37.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-42 - Jurisdiction in Chancery, venue

9:3-42. Jurisdiction in Chancery, venue
6. An action for adoption shall be instituted in the Superior Court, Chancery Division, Family Part of the county in which the prospective parent resides, or in the county where the child resided immediately prior to placement for adoption, or if the child is less than three months of age, the county in which the child was born; except that whenever the child to be adopted has been received into the home of a prospective parent from an approved agency, the action may be instituted in the Superior Court, Chancery Division, Family Part of any county in which the approved agency has an office.
L.1977,c.367,s.6; amended 1991,c.91,s.193; 1993,c.345,s.5.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-43 - Instituting adoption actions; qualifications

9:3-43. Instituting adoption actions; qualifications
7. a. Any person may institute an action for adoption except that a married person may do so only with the written consent of his spouse or jointly with his spouse in the same action or if living separate and apart from his spouse.
b. A plaintiff, at the time of the institution of the action, shall have attained the age of 18 years and shall be at least 10 years older than the child to be adopted, except that the court for good cause may waive either requirement, which waiver shall be recited in any judgment of adoption thereafter entered.
L.1977,c.367,s.7; amended 1993,c.345,s.6.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-43.1 - Conditions for recognizing foreign adoptions, certain circumstances.

9:3-43.1 Conditions for recognizing foreign adoptions, certain circumstances.
1. a. Notwithstanding the provisions of P.L.1977, c.367 (C.9:3-37 et seq.) or any other law to the contrary, an adopting parent shall not be required to petition a court in this State for adoption of a child if:
(1) the child was adopted under the laws of a jurisdiction or country other than the United States; and
(2) the validity of the foreign adoption has been verified by the granting of an IR-3 immigrant visa, or a successor immigrant visa, for the child by the United States Citizenship and Immigration Services.
b. If an adopting parent chooses to file a petition for adoption in this State, a court may grant a judgment of adoption without requiring the consent of a parent otherwise required pursuant to section 5 of P.L.1977, c.367 (C.9:3-41) if the petitioner files with the petition a judgment of adoption, guardianship or termination of parental rights granted by a judicial, administrative or executive body of a jurisdiction or country other than the United States that is in compliance with the laws of that country.
L.2005,c.81,s.1.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-43.2 - Force of final judgment of adoption in a foreign jurisdiction, certain circumstances.

9:3-43.2 Force of final judgment of adoption in a foreign jurisdiction, certain circumstances.
2. A final judgment of adoption granted by a judicial, administrative or executive body of a jurisdiction or country other than the United States shall have the same force and effect in this State as that given to a judgment of adoption entered by another state, without additional proceedings or documentation if:
a. the adopting parent is a resident of this State; and
b. the validity of the foreign adoption has been verified by the granting of an IR-3 immigrant visa, or a successor immigrant visa, for the child by the United States Citizenship and Immigration Services.
L.2005,c.81,s.2.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-44 - Filing of complaint.

9:3-44 Filing of complaint.
8. Whenever a person receives a child into the person's home for the purpose of adoption other than from an approved agency, a complaint for adoption shall be filed within 45 days after receipt of the child. If the person receiving the child has been approved previously for placement for adoption in accordance with the provisions of section 18 of P.L.1993, c.345 (C.9:3-39.1), the person shall, immediately upon receiving the child, notify the approved agency which granted approval of the receipt of the child, and that agency shall undertake immediate supervision of the child in accordance with rules and regulations promulgated by the Director of the Division of Child Protection and Permanency. The cost of the supervision shall be paid by the person receiving the child. If the agency, in the course of supervision shall determine that the child is at risk of harm or that the best interests of the child are not served by the child remaining in the home, the agency may apply to a court for removal of the child from the home. Whenever a person receives a child into the person's home for purposes other than adoption and it is later determined that an adoption shall be sought, a complaint for adoption shall be instituted with reasonable promptness following the determination. Failure to file the complaint in a timely manner shall not be a sole basis for refusal of the adoption but the failure shall require the filing, with the complaint, of an affidavit setting forth the reasons for the delay.
L.1977, c.367, s.8; amended 1993, c.345, s.7; 2012, c.16, s.16.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-45.1 - Rules, regulations.

9:3-45.1 Rules, regulations.
6. The Department of Children and Families, in consultation with the Department of Health and Senior Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to implement the provisions of this act and to publicize throughout the State the necessity for a father, within 120 days of the birth of a child or prior to the date of the preliminary hearing, whichever occurs first, to acknowledge paternity by amending the original birth certificate record with the local registrar's office in the municipality of birth of the child who is the subject of the adoption or by filing a paternity action in court in order to be entitled to notice of an adoption pursuant to section 9 of P.L.1977, c.367 (C.9:3-45).
L.1998, c.20, s.6; amended 2006, c.47, s.38.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-45.2 - Resource family relative, parent, notice, right to be heard.

9:3-45.2 Resource family relative, parent, notice, right to be heard.
3. In any case in which the Division of Child Protection and Permanency accepts a child in its care or custody, the child's resource family parent or relative providing care for the child, as applicable, shall receive written notice of, and shall have a right to be heard at, any review or hearing held with respect to the child, but the resource family parent or relative shall not be made a party to the review or hearing solely on the basis of the notice and right to be heard.
L.1999, c.53, s.3; amended 2004, c.130, s.17; 2007, c.228, s.1; 2012, c.16, s.17.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-49 - Age 10 or older, hearing appearance, child's wishes

9:3-49. Age 10 or older, hearing appearance, child's wishes
13. If the child sought to be adopted is of the age of 10 years or over, the appearance of the child shall be required at the final adoption hearing, unless waived by the court for good cause shown, and the child's wishes concerning the adoption shall be solicited by the court and given consideration if the child is of sufficient capacity to form an intelligent preference regarding the adoption.
L.1977,c.367,s.13; amended 1993,c.345,s.12.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-50 - Entry of judgment of adoption, effect; inheritance rights

9:3-50. Entry of judgment of adoption, effect; inheritance rights
14. a. (Deleted by amendment, P.L.1993, c.345).
b. The entry of a judgment of adoption shall establish the same relationships, rights, and responsibilities between the child and the adopting parent as if the child were born to the adopting parent in lawful wedlock. For good cause, the court may direct the entry of judgment nunc pro tunc as of the date the action was instituted. In applying the intestate laws of this State, an adopted child shall have the same rights of inheritance as if born to the adopting parent in lawful wedlock.
c. The entry of a judgment of adoption shall:
(1) terminate all parental rights and responsibilities of the parent towards the adoptive child except for a parent who is the spouse of the petitioner and except those rights that have vested prior to entry of the judgment of adoption;
(2) terminate all rights of inheritance under intestacy from or through the parent unless that parent is the spouse of the petitioner or that parent or other relative had died prior to the judgment of adoption; and
(3) terminate all rights of inheritance under intestacy from or through the child which existed prior to the adoption.
d. The court may order counseling for the adopting parents.
L.1977,c.367,s.14; amended 1993,c.345,s.13.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-51 - Judgments of adoption; records.

9:3-51. Judgments of adoption; records.
15. The clerk of the Superior Court, Chancery Division, Family Part shall promptly file all judgments of adoption and shall maintain an alphabetical index of all judgments of adoption entered each year pursuant to P.L.1977, c.367 (C.9:3-37 et seq.), all of which records shall be sealed and thereafter shall be made accessible only by court order or as otherwise provided by law.
L.1977, c.367, s.15; amended 1991, c.91, s.194; 1993, c.345, s.14; 2014, c.9, s.1.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-52 - Court records of proceedings.

9:3-52. Court records of proceedings.
16. a. All court records of proceedings relating to adoption, including the complaint, judgment, and all petitions, affidavits, testimony, reports, briefs, orders, and other relevant documents, shall be filed under seal by the clerk of the court and shall at no time be open to inspection or copying unless the court, upon good cause shown, shall otherwise order or as otherwise provided by law. An index to all adoption proceedings shall be maintained by the clerk of the court, but no index of adoption proceedings shall be open to inspection or copying or be made public except upon order of the court.
b. Upon entry of a judgment of adoption, the clerk of the court shall certify to the State Registrar, any successor agency or any similar agency in the State or country of the child's birth, the date of entry of the judgment, the names of the adopting parent or parents, the name of the child, the date and place of birth of the child, and the new name of the child if changed by the judgment of adoption.
L.1977, c.367, s.16; amended 1993, c.345, s.15; 2014, c.9, s.2.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-53 - Costs of proceedings

9:3-53. Costs of proceedings
17. The costs of all proceedings pursuant to P.L.1977, c.367 (C.9:3-37 et seq.) shall be borne by the plaintiff, including the costs incurred by an approved agency acting pursuant to an order of the court; except that the approved agency may waive part or all costs. Payment of costs shall not be a condition precedent to entry of judgment. The costs shall not include the provision of counsel for any person, other than the plaintiff, entitled to the appointment of counsel pursuant to P.L.1977, c.367 (C.9:3-37 et seq.).
L.1977,c.367,s.17; amended 1993,c.345,s.16.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:3-54.1 - Rules, regulations.

9:3-54.1 Rules, regulations.
19. The Commissioner of Children and Families shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations necessary to implement the provisions of this act.
L.1993, c.345, s.19; amended 2006, c.47, s.39.