reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 15 - SERVICES FOR CHILDREN IN OUT-OF-HOME PLACEMENT › Subchapter 1 - VISITS BETWEEN THE CHILD AND THE CHILD'S FAMILY › Section 3A:15-1.14 - Standards for the visitation plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as limited in
				N.J.A.C.
				3A:15-1.15(a), the visitation
				plan shall establish that:
1. The first visit
				between the child and parent shall be scheduled to occur as soon as possible, within
				five working days of the date of initial placement;
2. The frequency and duration of the visits shall
				be consistent with the purpose of visits as set forth in
				N.J.A.C. 3A:15-1.1;
3. The frequency and length of each visit shall be
				based upon the needs of the child, the parent, and other involved parties. Special
				consideration shall be given to the need for pre-school children to have frequent
				visits since their sense of time is different than that for older children or
				adults;
4. Overnight and weekend visits
				with the family shall be scheduled to occur frequently when the family can assume
				the increased child care responsibility and when the plan is to return the child to
				them;
5. Holiday visits shall be
				negotiated and addressed in the plan; and
6. When a scheduled visit is missed due to the
				inability of the person providing supervision or the Division representative not
				being able to participate in the visit, the visit shall be rescheduled whenever and
				as soon as possible.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 15 - SERVICES FOR CHILDREN IN OUT-OF-HOME PLACEMENT › Subchapter 1 - VISITS BETWEEN THE CHILD AND THE CHILD'S FAMILY › Section 3A:15-1.15 - Reasons to limit visits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A reduction to the visitation schedule may be
				made for any of the following reasons:
1. The
				visit will be physically or psychologically harmful to the child even with
				supervision. This determination shall be based on:
i. A Division representative's direct observation
				of harm or potential harm;
ii. A report
				of harm to the Division in which the harm has been verified by a Division
				representative;
iii. A mental health
				therapist's recommendations;
iv. A
				pending or ongoing Division investigation of allegations that the child has been
				harmed by the visitor; or
v. The child's
				report of a harmful or potentially harmful situation;
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 15 - SERVICES FOR CHILDREN IN OUT-OF-HOME PLACEMENT › Subchapter 2 - SERVICES TO CHILDREN IN OUT-OF-HOME PLACEMENT › Section 3A:15-2.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to identify
				the services that the Division shall provide to a child in out-of-home placement in
				its efforts to:
1. Provide the child with safe
				care while in out-of-home placement;
2.
				Meet the child's physical, psychological, and other developmental needs;
3. Assure the child's well-being;
4. Help the child to understand the reasons for
				his or her out-of-home placement, the case goal, and to adjust to being a child in
				out-of-home placement; and
5. Achieve
				the case goal, which reflects the permanency plan for the child.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 15 - SERVICES FOR CHILDREN IN OUT-OF-HOME PLACEMENT › Subchapter 2 - SERVICES TO CHILDREN IN OUT-OF-HOME PLACEMENT › Section 3A:15-2.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this subchapter shall apply to each child in
				  out-of-home placement, his or her out-of-home placement provider, his or her family
				  and the Division.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 15 - SERVICES FOR CHILDREN IN OUT-OF-HOME PLACEMENT › Subchapter 2 - SERVICES TO CHILDREN IN OUT-OF-HOME PLACEMENT › Section 3A:15-2.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The definitions in
				  N.J.A.C. 3A:14-1.3 and
				  3A:51-1.3 are hereby
				  incorporated into this subchapter by reference.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 15 - SERVICES FOR CHILDREN IN OUT-OF-HOME PLACEMENT › Subchapter 2 - SERVICES TO CHILDREN IN OUT-OF-HOME PLACEMENT › Section 3A:15-2.4 - Case management

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division representative shall have
				face-to-face and other contact with the child, out-of-home placement provider,
				parent and other interested parties according to N.J.A.C. 3A:12-2 and which is
				written in the case plan in order to:
1. Develop,
				implement and update a case plan which includes the permanency plan by assessing
				case needs, identifying services to meet those needs, including the role and
				responsibility of each party regarding the services, and establishing the case goal
				and assessing progress toward achieving the case goal in a timely manner;
2. Provide advocacy and support services to all
				parties, within program and fiscal parameters;
3. Assist the child and out-of-home placement
				provider to establish and maintain an ongoing and supportive relationship for the
				duration of the child's placement;
4.
				Update the child, out-of-home placement provider, parents and other parties on the
				progress toward achieving the case goal, consistent with the confidentiality
				provisions of
				N.J.S.A.
				9:6-8.10a and N.J.A.C. 3A:3;
5. Facilitate visits in accordance with the case
				plan between the child, parent, siblings and other interested relatives. See
				N.J.A.C. 3A:15-1, Visits between the child and the child's family; and
6. Meet the requirements of the Child Placement
				Review Act,
				N.J.S.A. 30:4C-50 et
				seq.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 15 - SERVICES FOR CHILDREN IN OUT-OF-HOME PLACEMENT › Subchapter 2 - SERVICES TO CHILDREN IN OUT-OF-HOME PLACEMENT › Section 3A:15-2.5 - Health care services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division representative shall make every
				reasonable effort to assure that each child in out-of-home placement receives
				appropriate and necessary health care, including mental/behavioral health
				services.
(b) For each child initially
				entering out-of-home placement, the Division representative shall obtain a
				pre-placement assessment at the time of placement. The Division representative shall
				establish a health care record for each child and shall provide the out-of-home
				placement provider with a health care record, which documents health information
				concerning the child, including, but not limited to:
1. The names and addresses of the child's health
				care providers;
2. A record of the
				child's immunizations;
3. The child's
				known medical problems, if any, including the results of any lead tests;
4. The child's medications, if any;
5. The child's allergies, if any;
6. The child's birth and developmental
				history;
7. The family health history,
				if known and appropriate, in accordance with Federal regulations; and
8. The child's mental/behavioral health
				needs.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 15 - SERVICES FOR CHILDREN IN OUT-OF-HOME PLACEMENT › Subchapter 2 - SERVICES TO CHILDREN IN OUT-OF-HOME PLACEMENT › Section 3A:15-2.6 - Educational services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division representative shall make every
				reasonable effort to assure that every child in out-of-home placement receives an
				education appropriate to his or her abilities as provided for under State laws
				governing compulsory education and education for disabled children.
(b) The Division representative shall develop an
				education record for each child initially entering out-of-home placement, who is
				subject to the State laws governing compulsory education, see N.J.S.A. 18A,
				generally. This record shall include, but not be limited to:
1. The names and addresses of the child's
				educational providers;
2. The child's
				grade level performance;
3. The child's
				school record; and
4. Assurance that the
				child's placement in out-of-home placement takes into account proximity to the
				school in which the child was enrolled at the time of placement.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 15 - SERVICES FOR CHILDREN IN OUT-OF-HOME PLACEMENT › Subchapter 2 - SERVICES TO CHILDREN IN OUT-OF-HOME PLACEMENT › Section 3A:15-2.7 - Self-sufficiency skills for adolescent children

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division
				representative, in consultation with the out-of-home placement provider, the child,
				the parent and other significant adults, shall develop a written plan to prepare the
				child for self-sufficient living and shall reevaluate the plan at least
				yearly.
(b) The plan shall be developed
				for each child in out-of-home placement:
1. Within
				six months of the date of placement for those entering out-of-home placement at age
				14 or older; or
2. No later than age 14,
				for those already in out-of-home placement.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 15 - SERVICES FOR CHILDREN IN OUT-OF-HOME PLACEMENT › Subchapter 2 - SERVICES TO CHILDREN IN OUT-OF-HOME PLACEMENT › Section 3A:15-2.8 - Other services to children in out-of-home placement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				the basic services of case management, food, clothing, shelter, education, health
				care, and self-sufficiency skills, the Division may use other services, which meet a
				child's individual needs.
(b) When
				specific service needs are identified, the Division representative shall arrange for
				appropriate community resources to provide the service to the child in a timely
				fashion, as the services are available.
(c) When there are insufficient child welfare
				services available to meet the child's needs, the Division is responsible for
				encouraging and promoting the development of the needed services in accordance with
				the provisions of
				N.J.S.A.
				30:4C-1, 3 and 4.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 16 - DIVISION UTILIZATION OF FAMILY CHILD CARE PROVIDERS › Subchapter 1 - GENERAL PROVISIONS › Section 3A:16-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to outline the standards under
				  which the Division of Child Protection and Permanency shall authorize family child
				  care services for a child receiving child welfare services, either directly, or
				  under a contract, with a family child care provider. This chapter requires that any
				  Division-authorized family child care services purchased by the Department of Human
				  Services or its agents be provided by a family child care provider who meets the
				  standards of, and is registered in accordance with N.J.A.C. 3A:54, Manual of
				  Requirements for Family Child Care Registration. The standards set by this chapter
				  are more stringent than those set by N.J.A.C. 3A:54 for registered family child care
				  providers in general because family child care is often utilized by the Division to
				  relieve the effects of, and prevent abuse or neglect or to provide supervision or
				  relief needed by, a child's family.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 16 - DIVISION UTILIZATION OF FAMILY CHILD CARE PROVIDERS › Subchapter 1 - GENERAL PROVISIONS › Section 3A:16-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The words and terms used in this chapter shall have the same
				  meanings as defined in
				  N.J.A.C. 3A:54-1.2,
				  Definitions, which is hereby incorporated into this chapter by
				  reference.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 16 - DIVISION UTILIZATION OF FAMILY CHILD CARE PROVIDERS › Subchapter 2 - DIVISION-AUTHORIZED FAMILY CHILD CARE SERVICES PROGRAM REQUIREMENTS › Section 3A:16-2.1 - Eligible providers of Division-authorized family child care services funded by the Department of Human Services or its agents

Current through Register Vol. 56, No. 14, July 15, 2024
The Division shall utilize the services of only those family child
				  care providers who meet the requirements of and are registered in accordance with
				  the provisions of NJ.A.C. 3A:54, Manual of Requirements for Family Child Care
				  Registration.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 16 - DIVISION UTILIZATION OF FAMILY CHILD CARE PROVIDERS › Subchapter 2 - DIVISION-AUTHORIZED FAMILY CHILD CARE SERVICES PROGRAM REQUIREMENTS › Section 3A:16-2.2 - Maximum number of children

Current through Register Vol. 56, No. 14, July 15, 2024
For any family child care provider who receives payment from the
				  Department of Human Services or its agents, either directly or through contract, for
				  family child care services for one or more children, as authorized by the Division,
				  the maximum number of children cared for by the family child care provider shall not
				  exceed five children at a time, regardless of fee-paying or non-fee-paying status.
				  The total of five children shall include the children placed with the provider and
				  the provider's own children, only if the children in placement or the provider's own
				  children are age five or younger. No more than two of the total number of children
				  cared for by the family child care provider shall be age 23 months or
				  younger.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 16 - DIVISION UTILIZATION OF FAMILY CHILD CARE PROVIDERS › Subchapter 2 - DIVISION-AUTHORIZED FAMILY CHILD CARE SERVICES PROGRAM REQUIREMENTS › Section 3A:16-2.3 - Exception to maximum number of children

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director or
				designee may approve, in writing, the care of additional children over the maximum,
				by a family child care provider who receives payment from the Department of Human
				Services or its agents, as authorized by the Division, provided all of the following
				conditions are met:
1. A provider assistant, as
				defined in
				N.J.A.C. 3A:54-1.2, is
				present in the home;
2. The limits set
				by
				N.J.A.C.
				3A:54-6.1, Maximum number of children, have not
				been exceeded; and
3. The approval, in
				writing, of the Director or designee has been obtained prior to the expansion beyond
				the limits set by this chapter, of the number of children receiving family child
				care who are authorized by the Division and funded by the Department of Human
				Services or its agents.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 16 - DIVISION UTILIZATION OF FAMILY CHILD CARE PROVIDERS › Subchapter 2 - DIVISION-AUTHORIZED FAMILY CHILD CARE SERVICES PROGRAM REQUIREMENTS › Section 3A:16-2.4 - Use of family child care provider when child abuse or neglect is substantiated

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Division shall stop using, and the Department of Human Services or its agents shall
				suspend payment to, a family child care provider for each child under the Division's
				supervision when the Department of Children and Families' child protection
				investigator:
1. Completes a child protection
				investigation of the provider or a family member; and
2. Makes a finding of substantiated in accordance
				with
				N.J.A.C.
				3A:10-7.3(c)1.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 17 - REMOVAL OF CHILDREN IN PLACEMENT FROM RESOURCE FAMILY HOMES › Subchapter 1 - GENERAL PROVISIONS › Section 3A:17-1.1 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to
				  N.J.S.A.
				  30:4C-4(h)  and
				  30:4C-26.a,
				  the Division of Child Protection and Permanency, Department of Children and
				  Families, is authorized to establish rules for the removal by the Division of a
				  child in placement from a resource family home. Under the above statute, the
				  Division has the discretionary authority to remove a child in placement from a
				  resource family home at any time with or without the consent of the resource family
				  parent, parent, or child in placement.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 17 - REMOVAL OF CHILDREN IN PLACEMENT FROM RESOURCE FAMILY HOMES › Subchapter 1 - GENERAL PROVISIONS › Section 3A:17-1.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to describe when it is appropriate
				  for the Division to remove a child in placement from a resource family home. A child
				  in placement may be removed from a resource family home in order to ensure the
				  child's safety, to protect the child from risk of harm, to ensure that the case goal
				  is implemented, and to ensure that the interests of the Division, the child in
				  placement, the parents and the resource family parent are
				  considered.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 17 - REMOVAL OF CHILDREN IN PLACEMENT FROM RESOURCE FAMILY HOMES › Subchapter 1 - GENERAL PROVISIONS › Section 3A:17-1.3 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this chapter shall apply to each child in
				  placement, his or her family, each resource family licensed by the Office of
				  Licensing for the placement of children under the Division's supervision, and the
				  Division.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 17 - REMOVAL OF CHILDREN IN PLACEMENT FROM RESOURCE FAMILY HOMES › Subchapter 1 - GENERAL PROVISIONS › Section 3A:17-1.4 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The definitions in
				  N.J.A.C. 3A:14-1.3 and
				  3A:51-1.3 are hereby
				  incorporated in this chapter by reference.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 17 - REMOVAL OF CHILDREN IN PLACEMENT FROM RESOURCE FAMILY HOMES › Subchapter 2 - REMOVING A CHILD IN PLACEMENT FROM THE RESOURCE FAMILY HOME › Section 3A:17-2.1 - Removal in emergency situations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division
				representative shall remove a child in placement from a resource family home when
				the Division determines that the child is not safe in the resource family
				home.
(b) When abuse or neglect of any
				child in a resource family home is substantiated, the office manager may consult
				with:
1. The Institutional Abuse Investigation
				Unit of the Department or the Office of the Public Defender acting as the Division's
				agent in conflict matters, when that unit conducted the child abuse and neglect
				investigation; and
2. The Office of
				Licensing to determine if the resource family home license will be denied,
				suspended, or revoked, if the Office of Licensing shall refuse to renew the license,
				or if the Office of Licensing shall permit the home to be licensed for the placement
				or continued placement of the children already in placement or recommended for
				placement in the home in accordance with
				N.J.A.C.
				3A:51-5.5(b).
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 17 - REMOVAL OF CHILDREN IN PLACEMENT FROM RESOURCE FAMILY HOMES › Subchapter 2 - REMOVING A CHILD IN PLACEMENT FROM THE RESOURCE FAMILY HOME › Section 3A:17-2.2 - Removal in non-emergency situations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division
				representative may remove a child in placement from a resource family home for any
				of the following reasons:
1. The child's case goal
				is furthered or achieved by the move or a court order is being followed, for
				example, return to family, placement in an adoptive home or uniting a child in
				placement with siblings.
2. The child
				has a need, which cannot be met by the current resource family.
3. There is documented evidence that the resource
				family engages in behavior, which is detrimental to any child in placement in that
				resource family home.
4. There is
				documented evidence that the resource family disagrees with the approved case plan
				and repeatedly fails to cooperate with the Division or to make the child in
				placement available for visits or services, which are part of the approved case
				plan, despite the Division representative's attempts to involve the resource family
				in remediating the situation.
5. The
				resource family has a pattern of violating any Division rules, which may have a
				negative impact on any child in placement, despite attempts by the Division
				representative to ensure compliance.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 17 - REMOVAL OF CHILDREN IN PLACEMENT FROM RESOURCE FAMILY HOMES › Subchapter 2 - REMOVING A CHILD IN PLACEMENT FROM THE RESOURCE FAMILY HOME › Section 3A:17-2.3 - Procedures prior to a non-emergency removal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to a
				non-emergency removal, the Division representative shall interview the child in
				placement, the resource family parent, and any appropriate collateral contacts,
				including the parent, to determine:
1. Information
				from the child in placement about any problems with the placement and his or her
				preferences;
2. Information from the
				resource family parent about any problems with the placement and his or her
				preferences;
3. Information from the
				parent about any problems with the placement and his or her preferences, when the
				parent requests removal; and
4. Whether
				support services can remedy the problem.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 17 - REMOVAL OF CHILDREN IN PLACEMENT FROM RESOURCE FAMILY HOMES › Subchapter 2 - REMOVING A CHILD IN PLACEMENT FROM THE RESOURCE FAMILY HOME › Section 3A:17-2.4 - Removal due to criminal conviction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division
				representative shall remove the children in placement from the resource family home
				when any resource family parent or household member has been convicted of a crime
				listed in
				N.J.S.A.
				30:4C-26.8 in the following circumstances:
1. The resource family home has been licensed as
				being in substantial compliance and a Federal criminal history check is returned to
				the Division with a conviction of a crime cited in (a) above;
2. A new resource family parent or household
				member moves into an already licensed resource family home with a conviction of a
				crime as cited in (a) above; or
3. Any
				licensed resource family parent or household member who has had a completed criminal
				history check, has been subsequently convicted of a crime cited in (a) above,
				pursuant to N.J.S.A. 30:4C-27.8b.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 17 - REMOVAL OF CHILDREN IN PLACEMENT FROM RESOURCE FAMILY HOMES › Subchapter 2 - REMOVING A CHILD IN PLACEMENT FROM THE RESOURCE FAMILY HOME › Section 3A:17-2.5 - Considerations in deciding whether or not to remove

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division
				representative shall consider the following points when deciding whether to remove a
				child in placement, in emergency and non-emergency situations:
1. The age of the child in placement;
2. The length of stay in this resource family
				home;
3. The relationship between the
				child in placement and the resource family;
4. The number and impact of prior moves on the
				child in placement;
5. The child's
				adjustment to the extended resource family and community;
6. The child's expressed wishes;
7. The resource family's history with the Division
				and of successful parenting;
8. The
				availability of support services to maintain the placement;
9. The willingness of the resource family and the
				child in placement to work to overcome problems;
10. The child's injuries for which neither the
				resource family nor the child in placement can offer a reasonable
				explanation;
11. The resource family's
				cooperation or lack of cooperation with any child abuse and neglect
				investigation;
12. The child's
				allegations of child abuse or neglect;
13. The child's immediate safety;
14. The child's risk of future harm; and
15. The location of the child's siblings and the
				ability to keep them together or reunite them or facilitate visits.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 17 - REMOVAL OF CHILDREN IN PLACEMENT FROM RESOURCE FAMILY HOMES › Subchapter 2 - REMOVING A CHILD IN PLACEMENT FROM THE RESOURCE FAMILY HOME › Section 3A:17-2.6 - Notification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division representative shall notify each
				parent who retains legal rights to the child and any relative who visits, when the
				child in placement will be removed or has been removed in an emergency. The Division
				representative shall also inform the child's parents as soon as possible after the
				child is placed.
(b) The Division
				representative shall notify the Deputy Attorney General responsible for the case
				when a child in placement will be removed or has been removed in an emergency when:
1. The child in placement is the subject of a case
				in litigation; or
2. Commencement of
				guardianship litigation for the child in placement is imminent.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 17 - REMOVAL OF CHILDREN IN PLACEMENT FROM RESOURCE FAMILY HOMES › Subchapter 2 - REMOVING A CHILD IN PLACEMENT FROM THE RESOURCE FAMILY HOME › Section 3A:17-2.7 - Disagreements

Current through Register Vol. 56, No. 14, July 15, 2024
The Division representative, the child in placement and the
				  resource family shall try to resolve any disagreement before the child is removed,
				  unless an emergency removal is necessary.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 18 - NEW JERSEY SAFE HAVEN INFANT PROTECTION ACT PROCEDURES AND REQUIREMENTS › Subchapter 1 - PROCEDURES AND REQUIREMENTS › Section 3A:18-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to provide instruction and guidance
				  for the implementation of the New Jersey Safe Haven Infant Protection Act,
				  N.J.S.A.
				  30:4C-15.6 et seq. These rules ensure that a
				  parent or parents who want to permanently give up parental rights to an infant will
				  have a safe place to leave the live infant, rather than abandoning the infant in a
				  life-threatening situation where the infant could be harmed or die. These rules
				  permit the parent to remain anonymous and provide the parent with an affirmative
				  defense against prosecution for abandonment under specified
				  circumstances.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 18 - NEW JERSEY SAFE HAVEN INFANT PROTECTION ACT PROCEDURES AND REQUIREMENTS › Subchapter 1 - PROCEDURES AND REQUIREMENTS › Section 3A:18-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this chapter shall apply to each safe haven
				  infant, a parent who wishes to permanently give up parental rights to his or her
				  infant, a person acting on behalf of the parent, police officers, firefighters,
				  emergency medical responders, and hospital staff who have before them an infant who
				  may be a safe haven infant, and employees of the Department of Children and Families
				  and the Division of Child Protection and Permanency.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 18 - NEW JERSEY SAFE HAVEN INFANT PROTECTION ACT PROCEDURES AND REQUIREMENTS › Subchapter 1 - PROCEDURES AND REQUIREMENTS › Section 3A:18-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The definitions in
				10:133-1.3, Definitions, are hereby
				incorporated into this chapter by reference. A definition in (b) below applies to
				this chapter if any word or term is defined in both (b) below and N.J.A.C.
				10:133-1.3.
(b) The words and terms used
				in this chapter shall have the following meanings unless the context clearly
				indicates otherwise.
"Act" means the New Jersey Safe Haven Infant Protection Act,
				  P.L.
				  2000, c. 58, amending
				  30:4C-15.1 et seq.
"Non-identifying information" means information about an infant
				  which is not intended to identify his or her parents or birth family.
"Parent" means an infant's mother or father.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 18 - NEW JERSEY SAFE HAVEN INFANT PROTECTION ACT PROCEDURES AND REQUIREMENTS › Subchapter 1 - PROCEDURES AND REQUIREMENTS › Section 3A:18-1.4 - Role of the State Central Registry for safe haven infant cases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The State Central
				Registry maintains the 24-hour, toll-free hotline for accepting calls related to
				safe haven for infants pursuant to
				30:4C-15.9.
(b) The hotline shall be known as the Safe Haven
				for Infants Hotline, and can be reached by dialing 1-877-839-2339.
(c) The hotline shall serve the following
				purposes:
1. To provide information, support and
				guidance to persons who may be considering giving up or abandoning a newborn or an
				unborn child;
2. To receive and process
				a call from a hospital emergency department, when a live infant is brought there
				from a police station, fire department, ambulance, or when a live infant is brought
				directly to the hospital emergency department by a parent or other person acting on
				behalf of the parent pursuant to
N.J.S.A.
				30:4C-15
.7.b. Upon receipt of the call
				from a hospital emergency department, a hotline representative shall document the
				incident in writing;
3. To provide
				education and information to the public to:
i.
				Promote safe placement alternatives for newborn infants;
ii. Explain procedures established by
N.J.S.A. 30:4C-15
.5 et seq.,
				including the confidentiality offered to parents pursuant to
				N.J.S.A.
				30:4C-15.7.g, and that
N.J.S.A.
				30:4C-15
.7.e provides for an affirmative
				defense to prosecution for abandonment;
iii. Explain adoption procedures applicable under
				New Jersey State law; and
iv. Refer
				adoption inquiries to the appropriate office or agency in the Department of Children
				and Families; and
4. To
				monitor the handling of safe haven infant inquiries and calls.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 18 - NEW JERSEY SAFE HAVEN INFANT PROTECTION ACT PROCEDURES AND REQUIREMENTS › Subchapter 1 - PROCEDURES AND REQUIREMENTS › Section 3A:18-1.5 - Affirmative defense to prosecution

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
N.J.S.A. 30:4C-15
.7.e, it
				shall be an affirmative defense to a charge of infant abandonment if a parent, or a
				person acting on behalf of the parent, voluntarily brings a live infant, to, and
				leaves the infant with, an officer at a police station, a firefighter at a fire
				department, or an emergency medical responder at an ambulance, or an employee of a
				hospital emergency department, without expressing an intent to return for the
				infant.
(b) Nothing in this section
				shall be construed to create a defense to any prosecution arising from an act of
				abuse or neglect committed against the infant before he or she was brought to and
				left at a police station, fire department, ambulance, or hospital emergency
				department.
(c) Nothing in this section
				shall preclude the Division of Child Protection and Permanency or the police from
				conducting a child protection investigation, if the Division or the police have
				reason to believe that the infant was abused or neglected.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 18 - NEW JERSEY SAFE HAVEN INFANT PROTECTION ACT PROCEDURES AND REQUIREMENTS › Subchapter 1 - PROCEDURES AND REQUIREMENTS › Section 3A:18-1.6 - Anonymity of the parent or other person acting on behalf of the parent permitted, provision of information strictly voluntary

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A parent or other
				person who brings an infant to, and leaves the infant at, a police station, fire
				department, ambulance, or hospital emergency department pursuant to
N.J.S.A. 30:4C-15
.7 shall not
				be required to disclose his or her name or the name of the parent, provide any
				identifying or non-identifying information about the infant or birth family, or
				provide any background or medical information about the infant or birth
				family.
(b) A parent or other person who
				brings an infant to, and leaves the infant at, a police station, fire department,
				ambulance, or hospital emergency department pursuant to
N.J.S.A.
				30:4C-15
.7 may voluntarily disclose
				identifying or non-identifying information to assist in planning for the infant's
				care and treatment pursuant to
N.J.S.A. 30:4C-15
.7.g.
(c) A parent or other
				person who brings an infant to, and leaves the infant at, a police station, fire
				department, ambulance, or hospital emergency department pursuant to
N.J.S.A. 30:4C-15
.7 shall be
				provided with the Safe Haven for Infants Hotline telephone number in case he or she
				wants to provide additional information about the infant at a later date or has any
				questions regarding the status of the infant.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 18 - NEW JERSEY SAFE HAVEN INFANT PROTECTION ACT PROCEDURES AND REQUIREMENTS › Subchapter 1 - PROCEDURES AND REQUIREMENTS › Section 3A:18-1.7 - Actions taken by police, firefighter, emergency medical responder, or hospital staff when infant brought to the police station, fire department, ambulance, or emergency department of hospital

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a person
				appears at a police station, fire department, ambulance, or emergency department of
				a hospital with an infant and demonstrates, by action or in words, that he or she
				wishes to leave the infant behind, a police officer, firefighter, emergency medical
				responder, or hospital staff shall initiate action, as necessary, in an attempt to
				determine:
1. Whether the person is acting
				voluntarily, on his or her own volition; and
2. If the person intends to return for the infant
				or seeks to permanently give up all rights to the infant.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 18 - NEW JERSEY SAFE HAVEN INFANT PROTECTION ACT PROCEDURES AND REQUIREMENTS › Subchapter 1 - PROCEDURES AND REQUIREMENTS › Section 3A:18-1.8 - Actions taken by hospital staff when handling safe haven infant at hospital

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When
				hospital staff has a safe haven infant before him or her, pursuant to
N.J.S.A. 30:4C-15
.7.f(1)
				through (4), hospital staff shall:
1. Take physical
				custody of the infant from the parent or other person, police officer, firefighter,
				or emergency medical responder;
2.
				Examine the infant;
3. Advise the police
				immediately and the State Central Registry pursuant to N.J.S.A. 9:6-8.1 0, if, upon
				examination, the infant appears to have been abused or neglected;
4. Admit the infant and take any action necessary
				to protect the infant's physical health and safety;
5. Obtain information from the parent, other
				person, police officer, firefighter, or emergency medical responder and document it
				in the infant's medical chart in accordance with
N.J.A.C.
				3A:18-1.9
, including all identifying and
				non-identifying information about the infant, his or her parents and birth family,
				where available, and details regarding the full circumstances of the infant's
				appearance at the police station, fire department, or ambulance;
6. Notify the Safe Haven for Infants Hotline in
				accordance with 3A:18-1.4(c)2, no later than the first business day after taking
				possession of the infant from the police, pursuant to N.J.S.A.
				30:4C-15.7b(3);
7. Administer routine
				tests and treatment as would be provided to any newborn delivered at, or brought to
				a New Jersey hospital within 30 days of birth;
8. Comply with any court order obtained by the
				Division, including deoxyribonucleic acid (DNA) profiling and human immunodeficiency
				virus (HIV) testing and other medical testing of the infant;
9. Notify the Division of the infant's anticipated
				discharge date, to enable the Division to identify and prepare a selected adoptive
				home for the infant, if a suitable home is available which can meet the infant's
				needs; and
10. Offer the person
				services, medical care, or a referral for services, as appropriate.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 18 - NEW JERSEY SAFE HAVEN INFANT PROTECTION ACT PROCEDURES AND REQUIREMENTS › Subchapter 1 - PROCEDURES AND REQUIREMENTS › Section 3A:18-1.10 - Action taken by the Division upon receipt of a referral of a safe haven infant

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				hotline representative shall assign each referral of a safe haven infant an
				immediate response.
(b) Upon receipt of
				a referral from the Safe Haven for Infants Hotline pursuant to
N.J.A.C.
				3A:18-1.4(c)
2i, the
				Division representative shall:
1. Notify the
				Division of State Police that a referral of a safe haven infant has been received,
				and work cooperatively with that agency to enable the State Police to make a
				thorough search of all listings of missing children in accordance with 3A:18-1.7(d),
				pursuant to N.J.S.A. 30:4C-15.7c, to determine if the infant has been reported as a
				missing child;
2. Notify the police
				department that is responsible for the jurisdiction in which the hospital is located
				that a referral of a safe haven infant has been received, unless the infant was
				brought first to, and left at, that police station;
3. Assume care, custody and control of the infant
				as an emergency removal without court order or parental consent pursuant to N.J.S.A.
				9:6-8.2 9 and 8.30, and thereby petition the Family Court, by no later than two
				court days, for an order which shall include:
i.
				Custody of the infant; and
ii.
				Authorization to perform deoxyribonucleic acid (DNA) profiling and human
				immunodeficiency virus (HIV) and other medical testing of the infant;
4. Comply with the provisions of the
				court order;
5. Arrange appropriate
				placement when the infant is medically cleared for discharge from the hospital,
				placing the infant in a selected adoptive home, if a suitable home is available
				which can meet the infant's needs;
6.
				Request a copy of the infant's medical chart, including any written identifying and
				non-identifying information about the safe haven infant recorded therein pursuant to
N.J.A.C. 3A:18-1.9
;
7. Request a copy of the police, fire department,
				or ambulance incident report, if the safe haven infant was brought to a police
				station, fire department, or ambulance before being transported to the hospital;
				and
8. File for a termination of
				parental rights in accordance with
N.J.A.C. 3A:21
, Termination of
				Parental Rights, and pursuant to
N.J.S.A.
				30:4C-15
.1.b(3), no later than 21 days
				after assuming care, custody and control of the infant, if no parent or relative has
				come forward by that date who is willing and able to care for the infant, except as
				specified at
N.J.A.C. 3A:18-1.12
.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 18 - NEW JERSEY SAFE HAVEN INFANT PROTECTION ACT PROCEDURES AND REQUIREMENTS › Subchapter 1 - PROCEDURES AND REQUIREMENTS › Section 3A:18-1.11 - Division not required to search for or identify parents or reunify birth family

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an
				exception to the requirement for reasonable efforts to reunify the infant with a
				parent is established pursuant to 30:4C-11.3, a Division representative shall not be
				required to initiate action to search for or otherwise identify the parent or birth
				family of a safe haven infant or attempt to reunify pursuant to 30:4C-15.8. The
				Division shall place the infant with a potential adoptive parent as soon as
				possible.
(b) If the Division becomes
				aware of the identity of the infant's parent, birth family or the person who brought
				the infant to, and left the infant at, the police station, fire department,
				ambulance, or hospital emergency department, a Division representative shall consult
				the Deputy Attorney General to determine a course of action, as specified at
N.J.A.C. 3A:18-1.12
.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 18 - NEW JERSEY SAFE HAVEN INFANT PROTECTION ACT PROCEDURES AND REQUIREMENTS › Subchapter 1 - PROCEDURES AND REQUIREMENTS › Section 3A:18-1.12 - Actions taken when identification of safe haven infant's parent or family is determined

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Division becomes aware of the identity
				of a safe haven infant's parent, birth family, or the person who brought the infant
				to, and left the infant at, the police station, fire department, ambulance, or
				hospital emergency department before the parental rights of the infant's parent or
				parents are terminated, the Division representative shall consult the Deputy
				Attorney General in order to make a determination, on a case-by-case basis, whether
				to attempt to contact the parent or parents or to notify members of the birth family
				of the existence of the safe haven infant, to thereby work with the parent or
				parents or family in developing a permanent plan for the infant, or to pursue
				another course of action. When making a determination, the factors to consider shall
				include, but shall not be limited to, the following;
1. The safety and protection of the
				infant;
2. The safety of each
				parent;
3. The intent or apparent intent
				of the parent, or other person acting on behalf of the parent, who brought the
				infant to the police station, fire department, ambulance, or hospital emergency
				department under the protections provided by
N.J.S.A.
				30:4C-15
.7.e;
4. The parental rights of the other parent,
				including the rights of the birth father and the legal father; and
5. The infant's rights to a permanent home,
				including the infant's right to reside with and be raised by a parent or another
				member of his or her birth family, whenever possible.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 18 - NEW JERSEY SAFE HAVEN INFANT PROTECTION ACT PROCEDURES AND REQUIREMENTS › Subchapter 1 - PROCEDURES AND REQUIREMENTS › Section 3A:18-1.13 - Police officers, firefighters, emergency medical responders, and hospital staff acting in good faith immune from liability

Current through Register Vol. 56, No. 14, July 15, 2024
Each police officer, firefighter, emergency medical responder, and
				  the governmental jurisdiction or private organization employing that police officer,
				  firefighter, or emergency medical responder and each employee of a hospital
				  emergency department and the hospital employing that individual shall incur no civil
				  or criminal liability for any good faith acts or omissions performed pursuant to
N.J.S.A. 30:4C-15
.7.f.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 19 - COURT ACTIONS AND PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 3A:19-1.1 - Scope; applicability and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter implements
				  N.J.S.A.
				  30:4C-4.1 and 4.2 and provides the consent and
				  approval of the Commissioner of the Department of Children and Families authorizing
				  the Division of Child Protection and Permanency to commence or maintain actions in
				  court.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 19 - COURT ACTIONS AND PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 3A:19-1.2 - Court actions by the Division

Current through Register Vol. 56, No. 14, July 15, 2024
The Commissioner of the Department of Children and Families
				  consents to the commencement and maintenance of all actions which the Division of
				  Child Protection and Permanency is authorized by law to commence or maintain,
				  including, but not limited to, all actions brought pursuant to
				  N.J.S.A.
				  30:4C-1 et seq. and 9:6-1 et
				  seq.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 20 - LEGAL GUARDIANSHIP › Subchapter 1 - CP&P LEGAL GUARDIANSHIP SUBSIDY PROGRAM › Section 3A:20-1.1 - Purpose of N.J.A.C. 3A:20-1 and 2

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter and N.J.A.C. 3A:20-2is to establish
				  the CP&P Legal Guardianship Subsidy Program within the Division of Child
				  Protection and Permanency. The program provides financial support and permanency to
				  children placed by the Division with a relative or family friend who subsequently
				  obtains kinship legal guardianship through the Kinship Legal Guardianship Act,
				  N.J.S.A.
				  3B:12A-1 et seq.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 20 - LEGAL GUARDIANSHIP › Subchapter 1 - CP&P LEGAL GUARDIANSHIP SUBSIDY PROGRAM › Section 3A:20-1.2 - Scope of N.J.A.C. 3A:20-1 and 2

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this subchapter and N.J.A.C. 3A:20-2apply to
				  each child whose participation in the CP&P Legal Guardianship Subsidy Program is
				  approved, or is being evaluated, each relative or family friend who agrees to
				  participate, or is being evaluated to participate, in the program, each other
				  household member, each parent of a child who participates, or is being evaluated to
				  participate, in the program, and each Division representative.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 20 - LEGAL GUARDIANSHIP › Subchapter 1 - CP&P LEGAL GUARDIANSHIP SUBSIDY PROGRAM › Section 3A:20-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The definitions in
				N.J.A.C. 3A:11-1.3,
				Definitions, are hereby incorporated into this chapter by reference.
(b) The following words and terms shall have the
				following meaning in this chapter and not the meaning defined in
				N.J.A.C. 3A:11-1.3:
"Agreement" means the form promulgated by the Division, which
				  stipulates the responsibilities of kinship guardians and forms the contractual basis
				  for participating in the CP&P Legal Guardianship Subsidy Program and receipt of
				  benefits thereunder, which is made publicly available on the DCF internet site.
"Parent" means a person who is the mother or father of a child
				  through birth or adoption.
"Relative" means any person, other than the child's parent, who
				  is related to the child through blood, marriage, adoption, civil union, or domestic
				  partnership and including a stepparent, or a "family friend," as defined in
				  N.J.A.C. 3A:11-1.3.
(c) In addition, the following
				words and terms, when used in this chapter, shall have the following meaning, unless
				the context clearly indicates otherwise:
"Household member" means an adult or child who resides either
				  full-time or part-time in the home of a relative who participates in the CP&P
				  Legal Guardianship Subsidy Program.
"Placed by the Division" means a Division representative
				  determined that a child could not remain in his or her own home, the Division had
				  legal authority for removal of the child, and a Division representative physically
				  located or arranged for the child to be placed in a relative's home.
"Program" means the CP&P Legal Guardianship Subsidy Program,
				  as defined in
				  N.J.A.C. 3A:11-1.3.