reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 20 - LEGAL GUARDIANSHIP › Subchapter 1 - CP&P LEGAL GUARDIANSHIP SUBSIDY PROGRAM › Section 3A:20-1.4 - Service limitations

Current through Register Vol. 56, No. 14, July 15, 2024
The availability of the program established by this chapter is
				  subject to the continued availability of funding.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 20 - LEGAL GUARDIANSHIP › Subchapter 1 - CP&P LEGAL GUARDIANSHIP SUBSIDY PROGRAM › Section 3A:20-1.5 - Responsibilities of a relative participating in the CP and P Legal Guardianship Subsidy Program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A relative who agrees to participate in the
				program shall provide accurate information and submit documents the Division
				determines necessary to confirm eligibility and meet the program standards for the
				program in accordance with
				N.J.A.C.
				3A:20-1.6 and 1.7.
(b) A relative approved for the program shall:
1. Provide accurate information and submit
				documents the Division determines necessary to confirm continued eligibility for the
				program in accordance with
				N.J.A.C.
				3A:20-1.9;
2. Report to a Division representative any changes
				in circumstances, which may affect eligibility for the program, including a change
				in household composition, prior to the change if possible or immediately thereafter;
				and
3. Cooperate with the rules of the
				program contained in this chapter.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 20 - LEGAL GUARDIANSHIP › Subchapter 1 - CP&P LEGAL GUARDIANSHIP SUBSIDY PROGRAM › Section 3A:20-1.6 - Eligibility for the CP and P Legal Guardianship Subsidy Program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Division
				determines kinship legal guardianship as a permanent plan for the child, the
				Division representative advises a relative interested in the CP&P Legal
				Guardianship Subsidy Program of the requirements for eligibility and the
				circumstances that require termination of the program.
(b) A child is eligible for the CP&P Legal
				Guardianship Subsidy Program when:
1. A Division
				representative placed the child with a relative due to safety or risk of harm issues
				and the Division had legal authority for placement through a court order;
2. The relative is related to the child through
				blood, marriage, adoption, civil union, or domestic partnership or is a family
				friend as defined at
				N.J.A.C.
				3A:11-1.3;
3. A Division representative made reasonable
				efforts when required to reunify the child and the parent;
4. The Division representative determines that the
				child cannot be returned to his or her parent and that adoption is neither likely
				nor feasible;
5. The relative or
				successor has obtained kinship legal guardianship, pursuant to the Kinship Legal
				Guardianship Act,
				N.J.S.A.
				3B:12A-5; and
6. The relative's home meets the licensing
				standards for resource family homes articulated in N.J.A.C. 3A:51 for as long as the
				subsidy is paid.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 20 - LEGAL GUARDIANSHIP › Subchapter 1 - CP&P LEGAL GUARDIANSHIP SUBSIDY PROGRAM › Section 3A:20-1.7 - License required

Current through Register Vol. 56, No. 14, July 15, 2024
The Division requires a relative interested in being approved for
				  the program to satisfy the requirements for licensure as a resource family parent in
				  accordance with N.J.A.C. 3A:51.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 20 - LEGAL GUARDIANSHIP › Subchapter 1 - CP&P LEGAL GUARDIANSHIP SUBSIDY PROGRAM › Section 3A:20-1.8 - Division action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division representative shall approve the
				child and the relative for participation in the CP&P Legal Guardianship Subsidy
				Program if all eligibility requirements in
				N.J.A.C.
				3A:20-1.6 and licensing standards for resource
				family parents in N.J.A.C. 3A:51 are met.
(b) The Division representative shall advise a
				relative of a child whose case goal is kinship legal guardianship who is not
				approved to participate in the CP&P Legal Guardianship Subsidy Program, in
				writing, of:
1. The reason for disapproval and any
				acceptable timely remedies of the reason for disapproval;
2. The opportunity for dispute resolution in
				accordance with N.J.A.C. 3A:5; and
3.
				Information regarding any agency that may be able to provide benefits for the child,
				such as the county welfare agency and the Office of the Kinship Navigator in the
				Division of Family Development.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 20 - LEGAL GUARDIANSHIP › Subchapter 1 - CP&P LEGAL GUARDIANSHIP SUBSIDY PROGRAM › Section 3A:20-1.9 - Circumstances requiring redetermination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Approval of the
				child continuing to participate in the CP&P Legal Guardianship Subsidy Program
				is redetermined:
1. Annually to confirm that the
				relative remains legally responsible for the child and the child's support and that
				the child's parent does not reside in the home, unless an exception has been
				previously granted by the CP&P Director or his or her designee; and
2. Whenever information becomes available to the
				Division representative that there has been a change in circumstances that may
				affect eligibility for the program in accordance with
				N.J.A.C.
				3A:20-1.6 or that may indicate that the kinship
				guardian or successor guardian is no longer meeting the licensure requirements for
				resource parents specified in N.J.A.C. 3A:51.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 20 - LEGAL GUARDIANSHIP › Subchapter 1 - CP&P LEGAL GUARDIANSHIP SUBSIDY PROGRAM › Section 3A:20-1.10 - Circumstances requiring termination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The child's
				participation shall be terminated from the CP&P Legal Guardianship Subsidy
				Program when:
1. The child reaches age 18 or when
				the child is no longer continuously enrolled in a secondary education program,
				whichever event occurs later;
2. The
				legal guardian or successor guardian adopts the child;
3. The relative approved for the program no longer
				provides the child's support or the child no longer lives with that
				relative;
4. Each relative approved for
				the program is deceased and no successor guardian is specified in the initial
				agreement or amendment executed prior to each relative approved for the program
				being deceased; or
5. The court has
				vacated the kinship legal guardianship order.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 20 - LEGAL GUARDIANSHIP › Subchapter 1 - CP&P LEGAL GUARDIANSHIP SUBSIDY PROGRAM › Section 3A:20-1.11 - Duration and amount of subsidy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The agreement
				covering subsidy payments shall remain in effect regardless of family income until
				the child's 18th birthday. Subsidy payments will be terminated if the Division
				determines that the kinship legal guardian is no longer legally responsible for the
				child or the child is no longer receiving support from the kinship legal
				guardian.
(b) The amount of subsidy
				payments under this chapter shall be determined by the Director or designee, but
				shall not exceed 100 percent of the applicable resource care board rate. One-time,
				non-recurring expenses may be reimbursed in an amount not to exceed $ 2,000 if the
				Director or designee determines that such expenses were necessarily incurred in
				facilitation of the child's placement. Non-recurring expense reimbursement may not
				exceed $ 2,000 per placement.
(c) In the
				event of the death or incapacitation of the guardian, subsidy payments shall be
				transferred to a successor guardian named in the agreement or an amendment to the
				agreement in accordance with
				N.J.A.C.
				3A:20-1.6.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 20 - LEGAL GUARDIANSHIP › Subchapter 2 - SERVICES PROVIDED › Section 3A:20-2.1 - Types of services provided

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The CP&P Legal
				Guardianship Subsidy Program:
1. Provides a
				maintenance payment that equals the rate paid for a child in resource family care,
				excluding any specialized rates, for each child approved for participation in the
				program; and
2. Ensures that each child
				approved for participation in the program has health care coverage through the
				Division or other sources available to the child.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 20 - LEGAL GUARDIANSHIP › Subchapter 3 - DIVISION RESPONSIBILITIES UNDER THE LAW › Section 3A:20-3.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to state the Division's
				  responsibilities pursuant to the Kinship Legal Guardianship Act,
				  3B:12A-1 et seq. and 30:4C-84 et seq.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 20 - LEGAL GUARDIANSHIP › Subchapter 3 - DIVISION RESPONSIBILITIES UNDER THE LAW › Section 3A:20-3.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this subchapter apply to each Division
				  representative responsible for the activities described in this subchapter.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 20 - LEGAL GUARDIANSHIP › Subchapter 3 - DIVISION RESPONSIBILITIES UNDER THE LAW › Section 3A:20-3.3 - Kinship caregiver assessment done by the Division

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division shall
				provide the court with a kinship caregiver assessment pursuant to the Kinship Legal
				Guardianship Act at
				N.J.S.A.
				30:4C-85, when a relative is seeking kinship legal
				guardianship for a child:
1. Who was removed from
				the child's home by a Division representative at least 12 months prior to the date
				the kinship caregiver assessment is requested;
2. Who has an open or currently active case with
				the Division and where legal representation is being provided by the Office of the
				Public Defender either through its Law Guardian Program or Parental Representation
				Unit; or
3. Who has an otherwise open or
				currently active case with the Division or, if the child is being placed with a
				successor guardian, who previously had an open case with the Division that was
				closed upon placement with a kinship caregiver now deceased or
				incapacitated.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 20 - LEGAL GUARDIANSHIP › Subchapter 3 - DIVISION RESPONSIBILITIES UNDER THE LAW › Section 3A:20-3.4 - Information provided to a designated agency and the court

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Division
				representative shall provide the agency designated to complete the kinship caregiver
				assessment pursuant to N.J.S.A. 30:4C-85b with information regarding any current
				involvement of the Division when the Division is not providing the kinship caregiver
				assessment in accordance with 3A:20-3.3.
(b) A Division representative shall provide the
				court with the results of a child abuse record information check and a domestic
				violence check for the relative seeking kinship legal guardianship and each adult
				household member when the Division is not providing the kinship caregiver assessment
				in accordance with 3A:20-3.3.
(c)
				Division staff shall conduct the child abuse record information check and domestic
				violence check at no cost to the relative seeking kinship legal guardianship.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 20 - LEGAL GUARDIANSHIP › Subchapter 3 - DIVISION RESPONSIBILITIES UNDER THE LAW › Section 3A:20-3.5 - The Division's responsibility when the court is considering whether to vacate a kinship legal guardianship order

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division
				representative prepares a parenting assessment of a child's parent when the court is
				determining whether the kinship legal guardianship order should be vacated and the
				child returned to his or her parent and one of the following occurs:
1. The court requests the parenting assessment
				because the Division was originally involved in petitioning the court to grant
				kinship legal guardianship in accordance with
				N.J.A.C.
				3A:20-3.3(a) and (b);
				or
2. There is prima facie evidence to
				support vacating the kinship legal guardianship order and the Division wants to take
				a position on the parent's motion to vacate the kinship legal guardianship
				order.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 20 - LEGAL GUARDIANSHIP › Subchapter 3 - DIVISION RESPONSIBILITIES UNDER THE LAW › Section 3A:20-3.6 - Factors to consider regarding motions to vacate kinship legal guardianship orders

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				The Division shall consider the following factors related to the child's safety when
				determining whether to take a position on a motion to vacate a kinship legal
				guardianship order:
1. The child's age;
2. The duration of the Division's involvement with
				the child, prior to the granting of kinship legal guardianship;
3. The total length of time the child was in
				out-of-home placement;
4. The length of
				time the child has lived with the guardian, prior to and after the granting of
				kinship legal guardianship;
5. When
				kinship legal guardianship was granted;
6. What the original harm or risk of harm to the
				child was;
7. The parent's present
				fitness to care for the child;
8. Any
				subsequent allegations of abuse or neglect received by the Division and their
				findings; and
9. What plan is proposed
				for the child if the guardianship is vacated.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 21 - TERMINATION OF PARENTAL RIGHTS › Subchapter 1 - GENERAL PROVISIONS › Section 3A:21-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to state:
1. The circumstances under which the Division is
				required to file or join a petition to terminate parental rights and the exceptions
				to filing; and
2. The procedures for a
				parent to surrender parental rights for the purpose of allowing a child to be
				adopted.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 21 - TERMINATION OF PARENTAL RIGHTS › Subchapter 1 - GENERAL PROVISIONS › Section 3A:21-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this chapter shall apply to all Division
				  representatives and clients receiving services from the Division.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 21 - TERMINATION OF PARENTAL RIGHTS › Subchapter 1 - GENERAL PROVISIONS › Section 3A:21-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The definitions in
				N.J.A.C. 3A:11-1.3 are
				incorporated in this chapter by reference.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 21 - TERMINATION OF PARENTAL RIGHTS › Subchapter 2 - REQUIREMENTS FOR AND EXCEPTIONS TO TERMINATION OF PARENTAL RIGHTS › Section 3A:21-2.1 - Involuntary termination of parental rights

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division shall
				file or join a petition to terminate the parental rights of a child's parents when
				one or more of the circumstances stated in
				N.J.S.A.
				30:4C-15 is established, but no later than when
				the child has been in out-of-home placement for 15 of the most recent 22 months,
				unless the Division has established an exception to the requirement to seek
				termination of parental rights pursuant to
				N.J.S.A.
				30:4C-15.3.
(b) The Division representative consults with the
				Deputy Attorney General on situations that may meet the standards stated in
				N.J.S.A.
				30:4C-15 and 15.1.
(c) The Division representative shall advise each
				parent whose whereabouts are known to the Division and whose parental rights the
				Division is seeking to involuntarily terminate, that the parent has the right to a
				trial and to be represented by legal counsel at any involuntary termination of
				parental rights court proceeding; and, if the parent is unable to afford an
				attorney, the right of the parent to ask the court to assign an attorney to
				represent the parent.
(d) When the
				Division representative makes a determination to pursue termination of parental
				rights in accordance with
				N.J.S.A.
				30:4C-15 and 15.1, the Division representative
				shall consider offering the parent an opportunity to surrender his or her parental
				rights pursuant to
				N.J.S.A.
				30:4C-23. When a parent is offered an opportunity
				to surrender parental rights, the Division representative shall advise the parent
				that if the Division pursues legal action to involuntarily terminate parental
				rights, the parent has those legal rights stated in (c) above.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 21 - TERMINATION OF PARENTAL RIGHTS › Subchapter 2 - REQUIREMENTS FOR AND EXCEPTIONS TO TERMINATION OF PARENTAL RIGHTS › Section 3A:21-2.2 - Exceptions to termination of parental rights criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whereas adoption is
				the preferred permanency alternative for a child who cannot safely return to the
				care of either biological parent, the Division may decide not to file for
				termination of parental rights when adoption of the child is neither feasible nor
				likely.
(b) The Division representative
				is not required to file for termination of parental rights if the case circumstances
				meet at least one of the following three exceptions set forth in
				N.J.S.A.
				30:4C-15.3:
1.
				The child is being cared for by a relative and a permanent plan for the child can be
				achieved without termination of parental rights;
2. The Division representative has documented in
				the case plan, which shall be available for court review, a compelling reason for
				determining that filing the petition would not be in the best interests of the
				child; or
3. The Division representative
				is required to provide reasonable efforts to reunify the family but the Division
				representative has not provided to the family of the child, consistent with the time
				period in the case plan, such services as the Division representative deems
				necessary for the safe return of the child to his or her home.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 21 - TERMINATION OF PARENTAL RIGHTS › Subchapter 2 - REQUIREMENTS FOR AND EXCEPTIONS TO TERMINATION OF PARENTAL RIGHTS › Section 3A:21-2.3 - Factors to consider when filing for termination of parental rights

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division
				representative considers many factors when deciding to file for termination of
				parental rights or to document a compelling reason in the best interests of the
				child not to file for a termination of parental rights. Decisions must be made on a
				case-by-case basis, based on the individual circumstances of the child and the
				family. The factors considered may include, but are not limited to:
1. The child's age;
2. The child's level of maturity;
3. The child's developmental level and
				needs;
4. The child's opinion regarding
				the permanent plan;
5. The placement
				history, including the length of time the child has been in placement;
6. The progress that each parent has made toward
				return of his or her child;
7. The
				relationship between this child and his or her parents;
8. The child's relationship to siblings, if
				any;
9. The case goal for each of the
				child's siblings, if any;
10. Expert
				opinions in respect to permanency planning for the child;
11. The opinions of child advocates in respect to
				permanency planning for the child;
12.
				The appropriateness and feasibility of all the various permanency options for this
				child;
13. The out-of-home placement
				provider's commitment to the child and commitment and capacity to meet the child's
				needs currently and in the future;
14.
				The relationship between the child and the out-of-home placement provider and the
				out-of-home placement provider's family;
15. The potential permanent caregiver's ability
				and willingness to assure safety, permanency, and well-being for the child;
				and
16. Each parent's role in potential
				permanency plans for this child.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 21 - TERMINATION OF PARENTAL RIGHTS › Subchapter 3 - SURRENDER OF PARENTAL RIGHTS › Section 3A:21-3.1 - Division responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division
				representative shall counsel the parent regarding the meaning, finality and
				consequences of surrendering parental rights in accordance with
				N.J.A.C.
				3A:50-5.4 when surrendering parental rights is
				being considered. For all cases in litigation, surrenders of parental rights must go
				through appropriate court proceedings.
(b) The Division representative shall advise the
				parent that he or she may stop the surrender of parental rights at any point in the
				procedure.
(c) The Division is not
				obligated to accept a surrender of parental rights from a parent.
(d) The Division representative shall determine
				that the parent is competent to execute a surrender and has a full opportunity to
				understand the meaning and consequences of surrendering parental rights by:
1. Questioning and observing the parent and
				reviewing evaluations, professional opinions or reports, as necessary, to determine
				that there are no obvious or overt indicators that the parent has a diminished
				capacity to understand the meaning, consequences and finality of surrendering
				parental rights because of alcohol or drug use, psychological disorder or mental
				deficiency;
2. Reading aloud to the
				parent the full contents of surrender of parental rights documents;
3. Providing a verbal explanation to the parent of
				the contents of the surrender of parental rights documents including an explanation
				of the meaning, consequences and finality of the act of surrendering parental
				rights;
4. Providing an opportunity for
				the parent to ask questions about surrendering parental rights; and
5. Asking the parent to explain, in his or her own
				words, the meaning, consequences and finality of surrendering parental
				rights.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 21 - TERMINATION OF PARENTAL RIGHTS › Subchapter 3 - SURRENDER OF PARENTAL RIGHTS › Section 3A:21-3.2 - Additional procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division representative shall give the
				parent a copy of all documents signed by the parent and those documents read to the
				parent during the surrender of parental rights procedure.
(b) The Division representative shall document the
				surrender of parental rights for the child's case record including the questions
				asked by the parent along with the answers provided by the Division representative
				or by any witness present.
(c) The
				Division representative shall obtain, to the extent possible and necessary, each
				birth certificate, marriage or civil union certificate, domestic partnership
				affidavit, divorce or dissolution of a civil union or domestic partnership decree,
				death certificate, affidavit and document related to the surrender of parental
				rights.
(d) The Division representative
				shall advise the parent of the Division's Adoption Registry, the document of contact
				preference which may be submitted to the State Registrar of Vital Statistics
				pursuant to
				N.J.S.A.
				26:8-40.34, and of any laws or procedures
				regarding the confidentiality of records related to surrender of parental rights or
				adoption, including, but not limited to,
				N.J.S.A.
				9:3-52 and
				26:8-40.1.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 21 - TERMINATION OF PARENTAL RIGHTS › Subchapter 3 - SURRENDER OF PARENTAL RIGHTS › Section 3A:21-3.3 - Surrender executed in other states and other countries

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to
				  N.J.S.A. 9:3-41,
				  the Division shall give full faith and credit to a surrender of parental rights
				  executed in any other state or foreign country if the procedures for the surrender
				  of parental rights complied with that state's or country's applicable statutes and
				  regulations, and was taken more than 72 hours after the birth of the
				  child.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 22 - REQUIREMENTS FOR CP&P ADOPTIONS › Subchapter 1 - GENERAL PROVISIONS › Section 3A:22-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to specify the
				process used by the Division to assure that each child who is under the supervision
				of the Division with a case goal of adoption is adopted.
(b) This chapter describes the following actions
				or circumstances necessary to complete the adoption process:
1. The recruitment program for adoptive homes for
				each child who is in need of an adoptive placement;
2. The conditions under which the Division accepts
				applications from persons seeking to become adoptive parents;
3. The Division's process for the study of
				adoptive applicants for the adoptive placement of children, in accordance with
				N.J.A.C.
				3A:50-5.6, Home study services;
4. The Division's adoptive home selection and
				placement processes;
5. The Division's
				activities from the time a child is placed with an adoptive parent through the
				adoption finalization;
6. The
				post-adoption services available through the Division; and
7. The adoption registry services available
				through the Division.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 22 - REQUIREMENTS FOR CP&P ADOPTIONS › Subchapter 1 - GENERAL PROVISIONS › Section 3A:22-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of this chapter shall apply to:
1. The Division;
2. Each person who applies to the Division to be
				an adoptive parent;
3. Each person who
				is licensed by the Office of Licensing as a resource parent with an interest in
				adopting;
4. Each person who adopts a
				child through the Division;
5. Each
				birth parent whose child's adoption is processed by the Division;
6. Each child placed in an adoptive home and
				supervised by the Division;
7. Each
				adoption agency seeking an adoptive home from the Division for a special needs
				child;
8. Each private and public agency
				that may recruit adoptive homes for the Division; and
9. Each adult adoptee who may use the Division's
				adoption registry services.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 22 - REQUIREMENTS FOR CP&P ADOPTIONS › Subchapter 1 - GENERAL PROVISIONS › Section 3A:22-1.4 - Application of rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules contained in N.J.A.C. 3A:50, Manual
				of Requirements for Adoption Agencies, shall apply to each local office of the
				Division of Child Protection and Permanency.
(b) Each rule contained in this chapter shall
				apply only to the adoption operations of the Division of Child Protection and
				Permanency.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 22 - REQUIREMENTS FOR CP&P ADOPTIONS › Subchapter 1 - GENERAL PROVISIONS › Section 3A:22-1.5 - Service limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall provide needed services
				within the limits of legislative appropriations to all eligible children, their
				adoptive families, and their birth families in similar circumstances. The provision
				of services shall also be subject to limitations due to actual ability of the
				Department to provide such services directly or by purchasing such services from
				appropriate, certified, privately sponsored agencies or institutions.
(b) The demand for social services frequently
				exceeds the funds available to provide them. Therefore, in accordance with
				N.J.S.A.
				30:4C-13, the Division Director may establish
				Division-wide service limitations based upon the need to focus finite resources to
				serve those individuals most in need. Service limitations shall be published within
				90 days of imposition in the Public Notices section of the New Jersey
				Register.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 22 - REQUIREMENTS FOR CP&P ADOPTIONS › Subchapter 2 - RECRUITMENT OF ADOPTIVE HOMES › Section 3A:22-2.1 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Recruitment of adoptive families for children
				shall be conducted in such a way as to protect client confidentiality in accordance
				with N.J.A.C. 3A:3, Client Information.
(b) The Division representative shall provide
				non-identifying information on the child in need of adoptive placement to any
				licensed adoptive applicant who is recruited or indicates an interest in taking the
				child, in order for the licensed adoptive applicant to make an informed decision
				regarding his or her ability to adopt the child.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 22 - REQUIREMENTS FOR CP&P ADOPTIONS › Subchapter 2 - RECRUITMENT OF ADOPTIVE HOMES › Section 3A:22-2.2 - Community partnerships

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division shall develop partnerships with
				private and public agencies in the community, corporations, community leaders and
				child and family advocacy groups for the purpose of recruiting adoptive
				homes.
(b) The Division shall design and
				implement its recruitment program, which may include child-specific, targeted, or
				general recruitment, for children waiting for adoptive homes.
(c) Division representatives shall recruit,
				retain, and support resource family parents in New Jersey, when assigned.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 22 - REQUIREMENTS FOR CP&P ADOPTIONS › Subchapter 2 - RECRUITMENT OF ADOPTIVE HOMES › Section 3A:22-2.3 - Utilizing contract agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division may
				contract with agencies to recruit adoptive homes for special needs
				children.
(b) The contract agency shall
				be subject to the provisions of
				N.J.A.C. 3A:22-2.1,
				Confidentiality.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 22 - REQUIREMENTS FOR CP&P ADOPTIONS › Subchapter 2 - RECRUITMENT OF ADOPTIVE HOMES › Section 3A:22-2.4 - State and national exchange registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When selecting an
				adoptive home for a child, the Division representative shall:
1. Seek a licensed adoptive applicant from the
				Division's pool of licensed resource parents; and
2. Register the child on adoption resource
				exchanges unless an appropriate licensed adoptive applicant is currently under
				consideration to accept a child for adoption.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 22 - REQUIREMENTS FOR CP&P ADOPTIONS › Subchapter 2 - RECRUITMENT OF ADOPTIVE HOMES › Section 3A:22-2.5 - Recruitment types

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division representative shall utilize one
				or more of the following recruitment types:
1.
				Child-specific recruitment;
2. Targeted
				recruitment; or
3. General
				recruitment.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 22 - REQUIREMENTS FOR CP&P ADOPTIONS › Subchapter 2 - RECRUITMENT OF ADOPTIVE HOMES › Section 3A:22-2.6 - Non-discrimination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division shall allow any adult to apply to
				be an adoptive parent regardless of age, race, color, national origin, disability,
				gender, religion, sexual orientation, or marital status.
(b) In compliance with the Multiethnic Placement
				Act of 1994,
				42 U.S.C. §
										622, as amended by the Interethnic Adoption
				Provisions of 1996, the Division shall provide for the diligent recruitment of
				potential adoptive families that reflect the ethnic and racial diversity of children
				in the State for whom adoptive homes are needed.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 22 - REQUIREMENTS FOR CP&P ADOPTIONS › Subchapter 3 - ACCEPTING APPLICATIONS AND HOME STUDY › Section 3A:22-3.1 - Adoptive applicant

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division shall accept an application from,
				and provide home study services to, an adult New Jersey resident interested in
				becoming an adoptive parent, only if the adult is interested in adopting a special
				needs child.
(b) The Division shall
				conduct a home study of an adoptive applicant in accordance with
				N.J.A.C.
				3A:50-5.6, Home study services.
(c) The Office of Licensing shall issue or deny a
				license based on the assessment process in accordance with
				N.J.A.C.
				3A:50-5.6, Home study services, and N.J.A.C.
				3A:51, Manual of Requirements for Resource Family Parents.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 22 - REQUIREMENTS FOR CP&P ADOPTIONS › Subchapter 3 - ACCEPTING APPLICATIONS AND HOME STUDY › Section 3A:22-3.2 - Release of home studies

Current through Register Vol. 56, No. 14, July 15, 2024
The Division shall release its completed home study to the
				  licensed adoptive applicant or adoptive parent, upon written request signed by each
				  adoptive applicant or adoptive parent. The Division shall redact third party
				  information prior to release of the home study.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 22 - REQUIREMENTS FOR CP&P ADOPTIONS › Subchapter 4 - ADOPTIVE HOME SELECTION AND PLACEMENT PROCESS FOR SELECTED ADOPTIVE HOMES › Section 3A:22-4.1 - Criteria for adoptive home selection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a child's case
				goal becomes adoption and the child is in need of a selected adoptive home, the
				Division shall initiate efforts to identify or recruit an adoptive applicant or
				licensed adoptive applicant. Each licensed adoptive applicant shall meet his or her
				own state's requirements to adopt a child.
(b) The Division shall make an informed, objective
				judgment based on a full and careful assessment of each factor which may affect the
				child's ability to benefit physically, socially and emotionally from the adoptive
				placement, in particular, and the community in general.
(c) The Division shall not discriminate in a
				child's adoptive placement based on the child's or the adoptive parent's race,
				color, national origin, age, gender, disability, marital status, sexual orientation,
				state of residence, or religion. This subsection shall not preclude the Division
				from adhering to the Indian Child Welfare Act of 1978 (ICWA),
				25
				U.S.C. §
										1911. The Division shall not delay
				or deny the adoptive placement of a child due to the race, color, or national origin
				of either the child or the adoptive parent. These factors may be considered in
				selecting the licensed adoptive applicant for only the most compelling reasons
				related to a particular child's special or distinctive needs. The Division
				representative shall document when the race, color, or national origin of either the
				child or licensed adoptive applicant is considered in making the adoptive home
				selection and how these factors affected the selection. The documentation shall
				include any professional reports, such as therapists' reports, used in making the
				decision.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 22 - REQUIREMENTS FOR CP&P ADOPTIONS › Subchapter 4 - ADOPTIVE HOME SELECTION AND PLACEMENT PROCESS FOR SELECTED ADOPTIVE HOMES › Section 3A:22-4.2 - Placement of the child with the adoptive parent

Current through Register Vol. 56, No. 14, July 15, 2024
The placement of the child in a selected adoptive home shall be in
				  accordance with
				  N.J.A.C. 3A:50-5.7,
				  Placement services.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 22 - REQUIREMENTS FOR CP&P ADOPTIONS › Subchapter 5 - POST-PLACEMENT SERVICES AND FINALIZATION › Section 3A:22-5.1 - Post-placement services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Division
				representative shall provide post-placement services to the adoptive child and the
				adoptive family in accordance with
				10:121A-5.8.
(b) In addition, a Division representative shall
				have face-to-face and other communication with the adoptive child and the adoptive
				family in order to:
1. Establish a relationship
				between a Division representative and each family member to provide support, to
				assist with issues relevant to the adoption as they arise and to help each family
				member through the adjustment process;
2. Assess the adoptive family's need for
				counseling services which specifically address adoption-related issues;
3. Refer the adoptive family to medical,
				therapeutic, educational, self-help and other services as they are needed;
4. Assist the adoptive family to function
				autonomously and without Division intervention; and
5. Assess the adoptive family's readiness and
				suitability in order to recommend proceeding towards adoption finalization.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 22 - REQUIREMENTS FOR CP&P ADOPTIONS › Subchapter 5 - POST-PLACEMENT SERVICES AND FINALIZATION › Section 3A:22-5.2 - Division activities related to finalization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				the requirements in
				N.J.A.C.
				3A:50-5.8, prior to finalization, a Division
				representative shall:
1. Supervise the adoptive
				placement for a minimum of six months and document each contact in the case
				record;
2. Explain the legal process of
				adoption finalization;
3. Advise the
				adoptive parent that post-placement services provided by a Division representative
				shall be terminated as of the date of the adoption finalization;
4. Obtain from the adoptive parent the name of the
				attorney who will file the adoption papers on his or her behalf;
5. Send a signed copy of the Consent of Guardian
				or Consent of Custodian to Adoption to the adoptive parent's attorney to be
				forwarded to the court; and
6. Prepare
				and send a court report for final hearing to the court upon notification of a court
				date for the adoption finalization by the adoptive parent's attorney.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 22 - REQUIREMENTS FOR CP&P ADOPTIONS › Subchapter 6 - POST-ADOPTION SERVICES › Section 3A:22-6.1 - Post-adoption services available

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division shall
				provide the opportunity for an adoptive parent to request post-adoption services
				from the Division.
(b) The type and
				duration of post-adoptive services shall be determined by the Department or contract
				agency based on an individual case assessment.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 22 - REQUIREMENTS FOR CP&P ADOPTIONS › Subchapter 6 - POST-ADOPTION SERVICES › Section 3A:22-6.2 - Adoption registry services available

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division shall
				provide adoption registry services to the adult adoptee, birth family member or
				adoptive parent on behalf of his or her minor child when requested which include:
1. Providing non-identifying background
				information, including birth history, social history and family health history, to
				the birth parent, the adult adoptee or adoptive parent on behalf of the minor
				adoptee in accordance with
				N.J.A.C.
				3A:50-5.9(b)2;
2. Search services to locate the birth family at
				the request of the adult adoptee or at the request of the adoptive parent on behalf
				of the minor adoptee in accordance with the provisions of
				N.J.A.C. 3A:50-5.10. Search
				services are not available from the Division to a birth family member seeking to
				locate the child who was placed for adoption; and
3. Registration of a birth family member's name
				and address to enable the Division to reunite him or her with the adult adoptee if
				the adult adoptee or adoptive parent on behalf of the minor adoptee requests a
				reunion.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 22 - REQUIREMENTS FOR CP&P ADOPTIONS › Subchapter 6 - POST-ADOPTION SERVICES › Section 3A:22-6.3 - Person's identity verified

Current through Register Vol. 56, No. 14, July 15, 2024
The Division shall provide adoption registry services only after
				  the identity of the person making the request is verified.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 23 - ADOPTIONS › Subchapter 1 - ADOPTION SUBSIDY › Section 3A:23-1.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms used in this chapter shall have the
				  following meanings, unless the context clearly indicates otherwise:
"Adoption subsidy" means payments for the care and maintenance of
				  a child with special needs.
"Board rate" means the rate paid to the resource family for the
				  child at the time of finalization or that which would have been paid for the child
				  if the child was in placement.
"Child" means any person under the age of 18 or approved for
				  continued adoption subsidy up to the maximum age of 21.
"Child with special needs" means any child who the State of New
				  Jersey or a private adoption agency licensed to operate in New Jersey has the legal
				  right to place for adoption, but who is reasonably expected to be hard to place (due
				  to a difficulty in finding a prospective adoptive home) as specified in
				  N.J.A.C.
				  3A:23-1.2.
"CP&P Director" means the Director of the Division of Child
				  Protection and Permanency in the Department of Children and Families.
"Department" means the New Jersey Department of Children and
				  Families.
"DYFS Director" means the Director of the Division of Youth and
				  Family Services in the Department of Children and Families.
"Resource family parent" means a person who has received a
				  resource family parent license from the State of New Jersey in order to provide
				  foster, adoptive, or kinship care.
"Resource parent" means a person who has received a resource
				  parent license from the State of New Jersey in order to provide foster, adoptive or
				  kinship care.
"Special needs child" means any child who the State of New Jersey
				  has the legal right to place for adoption but who is reasonably expected to be hard
				  to place (due to a difficulty in finding a prospective adoptive home) as specified
				  in 3A:23-1.2.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 23 - ADOPTIONS › Subchapter 1 - ADOPTION SUBSIDY › Section 3A:23-1.2 - Determining that a child is a child with special needs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A child is a child
				with special needs, subject to the limitations in (b) and (c) below, if the CP&P
				Director or designee determines that the adoptive placement of that child is
				significantly burdened or prevented as a result of:
1. The child's having a serious medical condition
				that will require repeated or frequent hospitalization or treatment;
2. The child's living with any physical
				disability, whether congenital or acquired by accident, injury, or disease, which
				makes, or may be expected to make, a child totally or partially incapacitated for
				education or for remunerative occupation;
3. The child's living with any substantial
				disability, such as the loss or deformation of facial features, torso, or
				extremities;
4. The child's having a
				diagnosed emotional, mental health, or behavioral problem, psychiatric disorder,
				serious intellectual incapacity, or brain damage that seriously affects the child's
				ability to relate to his or her peers or authority figures, including, but not
				limited to, a developmental disability;
5. The child is one of a group of three or more
				siblings (including half-siblings) and the siblings are placed together, or the
				child is one of two siblings (including half-siblings) one of whom meets the special
				needs criteria, and it is considered most appropriate that the children be placed
				together;
6. The child is 10 years old
				or older;
7. The child belonging to an
				ethnic or minority group for whom adoptive homes are not readily available, subject
				to the limitations in (c) below. Information regarding availability of homes may be
				obtained from the Department;
8. The
				child's having suffered child abuse or neglect that resulted in out-of-home
				placement by the Division;
9. The
				child's meeting the medical or disability requirements for Supplemental Security
				Income pursuant to
				42 U.S.C. §
											673(c); or
10. Any other condition of a specific child that
				may be approved by the CP&P Director or designee.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 23 - ADOPTIONS › Subchapter 1 - ADOPTION SUBSIDY › Section 3A:23-1.3 - Payments for the care and maintenance of a child with special needs (adoption subsidy)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall make payments for the
				care and maintenance of a child with special needs to the person(s) with whom the
				child has been placed for adoption or by whom the child has been adopted when such
				payments are applied for prior to adoption according to such forms and procedures as
				may be established by the Department. The Department shall make adoption subsidy
				payments only to a person who, at the time the adoption is finalized, is a licensed
				resource family parent in accordance with N.J.A.C. 3A:51, to a person who has been
				approved as an out-of-State adoptive parent, or to an adoptive parent who received a
				subsidy-eligible child, not under Department supervision, but through a private
				adoption agency licensed to operate within New Jersey.
(b) The Department shall determine and approve the
				qualifications for subsidy payments prior to the completion of an adoption
				proceeding. In order to qualify for subsidy, a child must meet at least one
				criterion for a child with special needs listed in N.J.A.C. 3A:23- 1.2(a). The
				failure of the Department to complete its determination and approval of
				qualification prior to the finalization of adoption shall not prevent qualification
				for adoption subsidy, if application for such subsidy was made in a timely manner.
				The Department shall issue an annual notice to each adoptive parent receiving
				adoption subsidy for an adopted child, affirming the adoptive parent's legal
				responsibility and that there has been no change in requirements, as described in
				N.J.A.C.
				3A:23-1.4(a).
1. An adoptive family may re-apply for adoption
				subsidy on behalf of a child who was placed by the Department and initially found
				ineligible for the subsidy benefit. The adoptive family may apply for adoption
				subsidy at any time after finalization, if the child develops problems traceable to
				either his or her genetic heritage or pre-adoptive experiences and that may qualify
				him or her for adoption subsidy.