reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 23 - ADOPTIONS › Subchapter 1 - ADOPTION SUBSIDY › Section 3A:23-1.4 - Duration and amount of adoption subsidy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The written
				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
				Department determines that the parents are no longer legally responsible for the
				child or the child is no longer receiving support from those parents.
(b) Payments in subsidization of adoption shall
				include, but are not limited to, the maintenance costs, medical, and surgical
				expenses, and other costs incidental to the care, training, and education of the
				child. Such payments may not exceed the cost of providing comparable assistance in
				resource family care and shall be made until the child becomes 21 years of age if
				the child is enrolled as a verified, full-time student of a secondary school or its
				equivalent.
(c) In the event of the
				death of the adoptive parent(s), subsidy payments shall be transferred to the new
				caregiver when the caregiver demonstrates legal responsibility for the child as a
				result of being named guardian in the adoptive parent's will or having obtained a
				custody order through the courts.
(d) An
				adoptive parent cannot be disqualified from receiving subsidy because of his or her
				family income.
(e) The amount of monthly
				payment for care and maintenance will be 100 percent of the applicable resource care
				board rate.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 23 - ADOPTIONS › Subchapter 1 - ADOPTION SUBSIDY › Section 3A:23-1.5 - Other payments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The medical costs of children determined to be
				special needs will be covered through Medicaid.
(b) Any child eligible for adoption subsidy is
				eligible for legal subsidy directly related to the adoption when agreed upon and
				approved by the Department prior to the adoption.
(c) Expenses resulting from a condition which
				qualified the child for adoption subsidy and which are not covered by third-party
				liability or Medicaid may be covered by the Department if specified in the
				agreement.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 23 - ADOPTIONS › Subchapter 1 - ADOPTION SUBSIDY › Section 3A:23-1.6 - Exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
The requirements and standards prescribed in this subchapter may
				  be subject to exceptions in specific cases where the Department determines that
				  strict compliance would result in undue hardship or jeopardize the health, safety or
				  welfare of the prospective adoptive parent or child except that no exception to
				  these rules may exceed the limitations provided by Federal or State
				  law.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 23 - ADOPTIONS › Subchapter 1 - ADOPTION SUBSIDY › Section 3A:23-1.7 - Administrative hearings

Current through Register Vol. 56, No. 14, July 15, 2024
Any person aggrieved by a decision of the Department regarding
				  adoption subsidy payments pursuant to this subchapter, including when the adoption
				  subsidy payments are terminated or suspended without the concurrence of the adoptive
				  parent, shall be entitled to an administrative hearing in accordance with N.J.A.C.
				  3A:5, Dispute Resolution, when an application for a hearing is filed with the
				  Department's Administrative Hearings Unit within 20 calendar days of such decision
				  or failure to act by the Department.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 24 - ADOPTION ASSISTANCE AND CHILD WELFARE ACT OF 1980 REQUIREMENTS › Subchapter 1 - NEW JERSEY CHILD AND FAMILY SERVICES PLAN › Section 3A:24-1.1 - New Jersey Child and Family Services Plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) New Jersey develops
				an annual Child and Family Services Plan. Copies of the New Jersey Child and Family
				Services Plan may be obtained from
http://nj.gov/dcf/
.
(b) The Department of Children and Families
				develops a Title IV-E plan. The public may request the Title IV-E Plan from:
Office of Advocacy
Department of Children and Families
PO Box 717
Trenton, NJ 08625
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 24 - ADOPTION ASSISTANCE AND CHILD WELFARE ACT OF 1980 REQUIREMENTS › Subchapter 2 - GOALS FOR CHILDREN REMAINING IN FOSTER CARE IN EXCESS OF 24 MONTHS › Section 3A:24-2.1 - State child welfare services permanency planning

Current through Register Vol. 56, No. 14, July 15, 2024
Title IV
-E of the Social Security Act,
				  42 U.S.C. §
										671, mandates that specific goals be established
				  by State law before October 1st for each fiscal year as to the maximum number of
				  Title IV-E eligible children who will remain in foster care for more than 24 months.
				  This requirement is consistent with the intent of the legislation to improve
				  services provided to children and their families, therefore reducing the number of
				  children removed from their families and increasing the number of children returned
				  to their families from out-of-home placement. This requirement is also consistent
				  with the goal of the Division of Child Protection and Permanency, under N.J.S.A.
				  30:4C-1 et seq., to provide all children with permanency planning, therefore
				  minimizing the number of children in temporary out-of-home
				  placement.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 24 - ADOPTION ASSISTANCE AND CHILD WELFARE ACT OF 1980 REQUIREMENTS › Subchapter 2 - GOALS FOR CHILDREN REMAINING IN FOSTER CARE IN EXCESS OF 24 MONTHS › Section 3A:24-2.2 - State child welfare services goals

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey has established the goal that no more than 1,800 Title
				  IV-E eligible children will remain in foster care for more than 24 months during
				  Federal fiscal year 2016 and thereafter. The Division of Child Protection and
				  Permanency will make every effort within available resources to ensure that services
				  are provided to maintain children in their own homes and to reunify children in
				  out-of-home placement with their families as quickly as possible.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 26 - SUBSTANCE-AFFECTED INFANTS › Subchapter 1 - REPORTS OF SUBSTANCE-AFFECTED INFANTS › Section 3A:26-1.1 - Reports of substance-affected infants

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				The Division of Child Protection and Permanency shall receive reports of
				substance-affected infants that ambulatory care facilities submit pursuant to
N.J.A.C. 8:43A
-28.7 and that hospitals submit pursuant to
N.J.A.C. 8:43G
-2.13.
(b) Upon receipt of a report pursuant to (a)
				above, the Division shall first determine if the report is an allegation of child
				abuse or neglect pursuant to
N.J.S.A. 9:6-1
et
				seq., and if a determination that a report is an allegation of child abuse or
				neglect, respond in accordance with applicable law, including
N.J.A.C.
				3A:10
.
(c) For reports made
				pursuant to (a) above that are not determined to be allegations of child abuse or
				neglect, the Division representative shall offer services to the parent of each
				substance-affected infant on a voluntary basis . If the parent accepts, the Division
				shall provide the services in accordance with
N.J.A.C. 3A:11-1.6(b)
and
1.7
.
(d) All reports made pursuant to this chapter
				shall be considered child abuse investigative records and treated as confidential
				pursuant to
N.J.S.A.
				9:6-8
.10a.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 26 - SUBSTANCE-AFFECTED INFANTS › Subchapter 1 - REPORTS OF SUBSTANCE-AFFECTED INFANTS › Section 3A:26-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall
				  have the following meanings, unless the context clearly indicates otherwise:
"Division" means the Division of Child Protection and Permanency
				  in the Department of Children and Families.
"Substance-affected infant" means an infant:
1. Whose mother had a positive toxicology screen for a controlled
				  substance or metabolite thereof during pregnancy or at the time of delivery;
2. Who has a positive toxicology screen for a controlled substance
				  after birth that is reasonably attributable to maternal substance use during
				  pregnancy;
3. Who displays the effects of prenatal controlled substance
				  exposure or symptoms of withdrawal resulting from prenatal controlled substance
				  exposure; or
4. Who displays the effects of a fetal alcohol spectrum disorder
				  (FASD).
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 26 - SUBSTANCE-AFFECTED INFANTS › Subchapter 1 - REPORTS OF SUBSTANCE-AFFECTED INFANTS › Section 3A:26-1.3 - Content of reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Reports made
				pursuant to N.J.A.C. 3A:26-1.1 must include the following information:
1. The name of the substance-affected infant, if
				known;
2. The names of the
				substance-affected infant's mother and father, if known;
3. The home addresses of the substance-affected
				infant's mother and father, if known;
4.
				The types of substances affecting the substance-affected infant, and the harm, if
				any, caused to the substance-affected infant resulting from his or her exposure to
				the substances; and
5. Circumstances
				known to the reporter that would affect an evaluation of the situation, including,
				but not limited to, awareness of medications prescribed to the mother of the
				substance-affected infant.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 40 - DETERMINATION OF ELIGIBILITY FOR FUNCTIONAL SERVICES FROM THE DIVISION OF CHILDREN'S SYSTEM OF CARE › Subchapter 1 - GENERAL PROVISIONS › Section 3A:40-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to establish
				guidelines and criteria for determination of eligibility for functional services to
				individuals with developmental disabilities under 21 years of age from the Division
				of Children's System of Care (CSOC) in the Department of Children and
				Families.
(b) The availability of
				services shall be limited to the CSOC's funding in a given fiscal year pursuant to
				N.J.S.A.
				2C:30-4 and
				N.J.S.A.
				30:4C-4.4(a).
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 40 - DETERMINATION OF ELIGIBILITY FOR FUNCTIONAL SERVICES FROM THE DIVISION OF CHILDREN'S SYSTEM OF CARE › Subchapter 1 - GENERAL PROVISIONS › Section 3A:40-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The CSOC is responsible for providing functional services to
				  eligible individuals with developmental disabilities under 21 years of age pursuant
				  to 30:4C-4.4. The CSOC determines
				  eligibility for functional services for applicants with suspected developmental
				  disabilities under the age of 18 as set forth in this chapter. Individuals 18 years
				  of age or older with suspected developmental disabilities may submit applications to
				  the Division of Developmental Disabilities as set forth in N.J.A.C. 10:46. If the
				  individual is between 18 years of age and 21 years of age, the CSOC accepts the
				  Division of Developmental Disabilities' determination of whether the applicant has a
				  developmental disability and meets the residency and citizenship requirements for
				  the provision of functional services, but makes its own determination regarding the
				  services that it provides to an eligible individual between the ages of 18 and 21
				  years of age.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 40 - DETERMINATION OF ELIGIBILITY FOR FUNCTIONAL SERVICES FROM THE DIVISION OF CHILDREN'S SYSTEM OF CARE › Subchapter 2 - ELIGIBILITY CRITERIA › Section 3A:40-2.1 - General eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual must have a developmental
				disability and meet the residency requirements described in
				N.J.A.C. 3A:40-2.2 to be
				eligible to receive functional services from the CSOC.
1. If the applicant is a child, substantial
				functional limitations are evaluated according to expectations based on the child's
				chronological age.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 40 - DETERMINATION OF ELIGIBILITY FOR FUNCTIONAL SERVICES FROM THE DIVISION OF CHILDREN'S SYSTEM OF CARE › Subchapter 2 - ELIGIBILITY CRITERIA › Section 3A:40-2.2 - Residency

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only New Jersey residents who are U.S.
				citizens or permanent alien residents are eligible for functional services from the
				CSOC.
(b) It is the responsibility of
				the applicant to document that the residency and citizenship requirements of this
				section are met.
(c) A child is a New
				Jersey resident if his or her parent or legal guardian is a resident of New
				Jersey.
(d) If any individual has been
				placed in the State of New Jersey and that placement is funded totally or partially
				by a public or private agency in another state, that individual shall not be
				considered a resident of New Jersey.
(e)
				For individuals applying for services whose parent or guardian is in the U.S.
				military service, residency may be established when the parent or guardian can
				produce permanent change of station orders to New Jersey or when the parent or
				guardian declares his or her home of record to be New Jersey.
(f) The citizenship or immigration status
				requirements for eligibility are met if the applicant or his or her parent/legal
				guardian is a U.S. citizen or an alien lawfully admitted for permanent
				residence.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 40 - DETERMINATION OF ELIGIBILITY FOR FUNCTIONAL SERVICES FROM THE DIVISION OF CHILDREN'S SYSTEM OF CARE › Subchapter 2 - ELIGIBILITY CRITERIA › Section 3A:40-2.3 - Presumptive eligibility for functional services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the applicant
				appears to be eligible for functional services and manifests an emergent need for
				services from the CSOC, then the applicant may be declared presumptively eligible by
				the CSOC or its contracted entity and the eligibility determination process shall be
				completed subsequent to the admission to service. If the person is found ineligible
				and has been receiving services under presumptive eligibility, immediate referral
				shall be made to the appropriate agency or agencies for services. That individual or
				his or her guardian shall be notified in writing that services will cease in 30
				days.
(b) If the individual appeals the
				decision of ineligibility in accordance with N.J.A.C. 3A:40-5, then the individual
				may continue to receive services to the extent that they were initially authorized
				to ameliorate the emergency or until a Final Decision is rendered by the Director,
				whichever occurs first.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 40 - DETERMINATION OF ELIGIBILITY FOR FUNCTIONAL SERVICES FROM THE DIVISION OF CHILDREN'S SYSTEM OF CARE › Subchapter 3 - APPLICATION › Section 3A:40-3.1 - Who may apply

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Application for
				services under this chapter may be made on behalf of a child under 18 years of age
				by the following persons or entities:
1. The
				parents or guardian of a child;
2. An
				agency, public or private, on behalf of a child of whom it has care and custody;
				or
3. A court having jurisdiction over a
				child.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 40 - DETERMINATION OF ELIGIBILITY FOR FUNCTIONAL SERVICES FROM THE DIVISION OF CHILDREN'S SYSTEM OF CARE › Subchapter 3 - APPLICATION › Section 3A:40-3.2 - How to apply for functional services from the CSOC on behalf of children under 18 years of age

Current through Register Vol. 56, No. 14, July 15, 2024
(a) DCF shall maintain
				information on initiating the application process on its website.
(b) To the extent practicable, written material
				shall be provided in the individual's primary language and in alternate formats as
				needed. Accommodations are made for applicants who cannot complete the application
				by himself or herself.
(c) Minimum
				information submitted shall include, but not be limited to:
1. Social data, such as name, address, telephone
				number, Social Security number, and present living arrangement;
2. Medical information;
3. Present programs, including the applicant's
				educational program;
4. Name, address,
				and telephone number of the individual, if someone other than the person on whose
				behalf application is being made;
5.
				Presenting request, such as the specific service(s) that may be desired, if known by
				the individual;
6. Financial information
				on the applicant and, as appropriate, the applicant's parents/guardians, including
				basic information, such as Social Security number and the amount and type of
				benefits received, and, when applicable, information required to determine the
				contribution to care pursuant to
				30:4-60 and 66; and
7. Documentation of residency.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 40 - DETERMINATION OF ELIGIBILITY FOR FUNCTIONAL SERVICES FROM THE DIVISION OF CHILDREN'S SYSTEM OF CARE › Subchapter 4 - DETERMINATION PROCESS AND NOTIFICATION PROCEDURES › Section 3A:40-4.1 - Determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The CSOC or its
				contracted entity shall open an electronic record in response to an applicant's
				request for a determination of eligibility for functional services.
(b) The CSOC or its contracted entity shall assist
				in completion of the application upon request of the individual or entity making the
				application on behalf of the applicant with a suspected developmental
				disability.
(c) Upon receipt of an
				application, including all necessary documentation, the CSOC or its contracted
				entity shall make the eligibility determination based on specific findings regarding
				the eligibility criteria set forth in N.J.A.C. 3A:40-2.
(d) If the CSOC or its contracted entity is unable
				to make an eligibility determination based on the submitted documentation, it shall:
1. Conduct a face-to-face interview within 30
				days, if additional information is needed;
2. Request peer consultation in reaching a
				decision; or
3. Take other action as
				appropriate to request or gather supplemental information sufficient to make an
				eligibility determination.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 40 - DETERMINATION OF ELIGIBILITY FOR FUNCTIONAL SERVICES FROM THE DIVISION OF CHILDREN'S SYSTEM OF CARE › Subchapter 4 - DETERMINATION PROCESS AND NOTIFICATION PROCEDURES › Section 3A:40-4.2 - Notice requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notice of the status
				of the application for eligibility for functional services is provided to the
				applicant within 60 days of the receipt of a completed application.
(b) If the eligibility decision cannot be made
				within 60 days from receipt of a complete application for determination of
				eligibility for services, then the applicant is advised, in writing, as to the
				specific reasons why a determination cannot be made, and shall be informed of the
				status of the application at least every 30 days. The written notice shall include
				the name and telephone number of a contact person for additional information about
				the status of the application.
(c) The
				applicant is notified in writing within 10 working days of the eligibility
				determination.
1. If the applicant is found
				eligible for functional services, notice shall include information regarding the
				particular functional service deemed most appropriate at the time of the
				determination, the immediate availability of such services, or alternative
				service.
2. If the individual is found
				ineligible, notice shall include the specific reason(s) for the ineligibility
				determination and shall include information regarding the individual's right to
				appeal the determination of ineligibility.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 40 - DETERMINATION OF ELIGIBILITY FOR FUNCTIONAL SERVICES FROM THE DIVISION OF CHILDREN'S SYSTEM OF CARE › Subchapter 5 - APPEALS PROCESS › Section 3A:40-5.1 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant may appeal the CSOC's
				determination of ineligibility using the process set forth in
				N.J.A.C.
				3A:5-4.1.
(b) The applicant bears the burden of proof and
				burden of persuasion in an appeal of the CSOC's determination of
				ineligibility.
(c) When the
				ineligibility determination is made by the Division of Developmental Disabilities,
				the appeal is filed with that agency pursuant to N.J.A.C. 10:48. The CSOC accepts
				the final outcome of that litigation if the applicant is under 21 years of
				age.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 50 - MANUAL OF REQUIREMENTS FOR ADOPTION AGENCIES › Subchapter 1 - GENERAL PROVISIONS › Section 3A:50-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to prevent the
				exploitation and to protect the health and well-being of children being served by
				adoption agencies, as well as to protect the legal rights of children and birth and
				adoptive parents by establishing standards of agency organization and
				administration, professional training, experience, practices and requirements
				relating to the responsibility of agencies providing adoption services in New
				Jersey.
(b) This chapter constitutes
				minimum baseline requirements to ensure that the basic programmatic and
				administrative needs of adoption agencies and the social service needs of the
				families and children they serve are met. Compliance with this chapter is necessary
				if an adoption agency is to open or operate, and no adoption agency is permitted to
				operate below the level of requirements specified in this chapter. This chapter is
				in no way intended to prohibit or prevent adoption agencies from going beyond the
				minimum requirements contained in these rules. The decision whether to exceed these
				requirements rests with each agency.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 50 - MANUAL OF REQUIREMENTS FOR ADOPTION AGENCIES › Subchapter 1 - GENERAL PROVISIONS › Section 3A:50-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter constitutes comprehensive rules governing the
				  certification of adoption agencies pursuant to
				  N.J.S.A.
				  9:3-37 et seq.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 50 - MANUAL OF REQUIREMENTS FOR ADOPTION AGENCIES › Subchapter 1 - GENERAL PROVISIONS › Section 3A:50-1.3 - Implementation and enforcement responsibility; information

Current through Register Vol. 56, No. 14, July 15, 2024
The Office of Licensing of the New Jersey Department of Children
				  and Families shall be responsible for implementing and enforcing this chapter. For
				  further information or technical assistance in understanding and/or complying with
				  this chapter, please contact:
Office of Licensing
Department of Children and Families
PO Box 717
Trenton, New Jersey 08625-0717
(609) 826-3999 or (877) 667-9845
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 50 - MANUAL OF REQUIREMENTS FOR ADOPTION AGENCIES › Subchapter 1 - GENERAL PROVISIONS › Section 3A:50-1.4 - Authority to provide adoption services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Under
				N.J.S.A.
				9:3-37 et seq., all private and public adoption
				agencies, both within New Jersey and outside the State that provide adoption
				services in New Jersey, must be certified by the New Jersey Department of Children
				and Families in order to open and operate. This requirement shall not be construed
				to require certification of adoption agencies located outside the State in the
				following situations:
1. The out-of-State agency
				has a cooperative agreement with a New Jersey certified agency to provide the
				adoption services in New Jersey as specified at
				N.J.A.C.
				3A:50-3.3(c); or
2. The out-of-State agency is facilitating the
				interstate adoption of a New Jersey-born child, provided that no legal proceedings
				occur in New Jersey and that the agency:
i.
				Maintains no physical presence in New Jersey;
ii. Provides no adoption services in New Jersey
				and such services are not required; and
iii. Fully complies with all laws governing such
				practice, including licensure requirements, in the jurisdiction into which the child
				is being placed.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 50 - MANUAL OF REQUIREMENTS FOR ADOPTION AGENCIES › Subchapter 1 - GENERAL PROVISIONS › Section 3A:50-1.5 - Types of adoptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) "Adoption" means the legal transfer of all
				parental rights and responsibilities from each birth and legal parent(s) to another
				person who desires to assume those rights and responsibilities.
(b) Adoptions that are subject to the provisions
				of this chapter are classified as follows:
1.
				"Agency adoption" is an adoption where the birth parent(s) and the adoptive
				parent(s) come to an agency independent of each other and there is no prior
				relationship for the purpose of adoption;
2. "Foreign adoption" is the adoption of a child
				who resides in a country other than the United States of America. An agency shall
				comply with the requirements of the Federal Immigration and Naturalization Act (
				P.L. 95-417 ), and any successor or amending legislation regarding the
				classification of an alien orphan child as an immediate relative for purposes of an
				immigration visa; shall comply with the Intercountry Adoption Universal
				Accreditation Act of 2012,
				42
				U.S.C. §§
											14922 et seq.; and shall
				comply with each country's supervision and visitation requirements and relevant
				requirements of the Hague Convention on Intercountry Adoption when the child has
				entered the United States with the adoptive family;
3. "Identified adoption" or "private adoption" is
				an adoption where the agency becomes involved in providing services to each birth
				parent, legal parent and prospective adoptive parent who is considering a plan to
				place the child for adoption in the prospective adoptive parent's home;
4. "Independent adoption" is an adoption where the
				child is received in the adoptive home from a source other than an agency.
				Subsequent to the placement, the court orders an agency to conduct an Adoption
				Complaint Investigation (ACI) in order to investigate the circumstances of the
				placement and to assess the adoptive home;
5. "Stepparent adoption" is an adoption of a child
				by the birth parent's current spouse; and
6. "Relative adoption" is an adoption of a child
				by a person(s) who is related by blood or marriage.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 50 - MANUAL OF REQUIREMENTS FOR ADOPTION AGENCIES › Subchapter 1 - GENERAL PROVISIONS › Section 3A:50-1.7 - Compliance with State laws

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any adoption agency
				whose principal office is located outside of this State shall be licensed,
				certified, or otherwise legally permitted to operate in the state or country where
				the agency's principal office is located as a condition of applying for, securing,
				and maintaining a certificate of approval in New Jersey.
(b) No certified adoption agency shall
				discriminate with regard to the provision of any adoption-related services on the
				basis of age, religion, marital status, civil union or employment status with regard
				to the selection of adoptive parents for any child. However, these factors may be
				considered, pursuant to N.J.S.A. 9:3-40, in determining whether the best interests
				of a child would be served by a particular placement for adoption or by finalization
				of an adoption.
(c) No certified
				adoption agency shall deny to any person the opportunity to become an adoptive or
				foster parent on the basis of the race, color, or national origin of the child
				involved; or delay or deny the placement of a child for adoption or into foster
				care, or otherwise discriminate in making a placement decision on the basis of the
				race, color, or national origin of the adoptive or foster parent or the child
				involved.
(d) Each adoption agency shall
				have a written non-discrimination policy in accordance with (b) and (c)
				above.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 50 - MANUAL OF REQUIREMENTS FOR ADOPTION AGENCIES › Subchapter 1 - GENERAL PROVISIONS › Section 3A:50-1.8 - Eligibility for a certificate of approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any public or
				private firm, partnership, corporation, association, or agency located within or
				outside the State of New Jersey that provides adoption services to families in New
				Jersey or to children from New Jersey, whether as part or all of its function, shall
				secure and maintain a certificate of approval.
(b) The following are not subject to certification
				requirements under the law:
1. Foster care
				programs, unless operated as a support to, or as an integral part of the agency's
				adoption program, as specified in
				N.J.A.C.
				3A:50-1.6;
2. Self-help or support groups that operate
				independent of an agency and provide adoption-related information or supportive peer
				assistance to members;
3. Lawyers, law
				offices or legal services offices that provide only legal services as permitted
				under the law and court rules;
4.
				Agencies, organizations, or independent professionals that do not place children for
				adoption, but provide social work services, mental health, family services, or
				similar services, to the general public, including adoptive families who may choose
				to use their services;
5. Unpaid
				intermediaries, as specified in
				N.J.A.C.
				3A:50-1.6;
6. Providers of commercial services that are not
				used primarily for or represented as facilitating the adoption of children,
				including general-interest advertising, transportation, communication, and medical
				services; and
7. Out-of-State agencies
				operating as specified at
				N.J.A.C.
				3A:50-1.4(a)1  and 2.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 50 - MANUAL OF REQUIREMENTS FOR ADOPTION AGENCIES › Subchapter 2 - CERTIFICATION PROCEDURES › Section 3A:50-2.1 - Application for a certificate of approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An organization
				interested in providing any kind of adoption service shall first secure a
				certificate of approval from the Department, pursuant to the requirements of this
				chapter. Operation of an adoption agency without a valid certificate, as required by
				law, constitutes a crime of the second degree, pursuant to
				N.J.S.A.
				9:3-39.1.d.
(b) The agency shall file a completed application
				for a new or renewed certificate with the Office of Licensing at least 60 calendar
				days prior to the anticipated date of operation or the expiration of an agency's
				existing certificate.
(c) An applicant
				for a new certificate shall submit to the Office of Licensing a written plan for the
				agency's operation that includes the following:
1.
				A statement of agency purpose, scope of adoption program and target groups to be
				served, program goals and objectives, description of services, and plans for
				coordination with other agencies and community resources;
2. A description of organizational structure,
				including the names of the board of directors and its committees, staff organization
				charts, number and qualifications of board members and names of executive officers
				and titles of offices held, such as president or chairperson;
3. A list of all branch offices of the adoption
				agency, if any;
4. A list of personnel,
				including all present and expected staff members who have direct contact with
				clients, their qualifications and duties;
5. A budget and financial plan, including actual
				or projected statement of revenues and expenses, documentation of sufficient
				resources to support agency operations, general/comprehensive liability insurance
				coverage for agency operations, and a listing of fees for service;
6. A copy of the forms to be used by the agency,
				including applications, intake, case record, evaluation, financial and statistical
				report forms;
7. A copy of agency
				incorporation papers and proof of not-for-profit status;
8. A copy of the agency's non-discrimination
				policy, as specified in
				N.J.A.C.
				3A:50-1.7;
9. A copy of an audit or financial statement, if
				requested by the Office of Licensing; and
10. For agencies located outside of New Jersey, a
				copy of that agency's most current licensing or approval inspection report and the
				license or certificate that reflects the agency's licensing or approval status in
				that state or country or a statement indicating that the relevant state or country
				does not require licensure or approval for the provision of adoption
				services.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 50 - MANUAL OF REQUIREMENTS FOR ADOPTION AGENCIES › Subchapter 2 - CERTIFICATION PROCEDURES › Section 3A:50-2.2 - Issuance of a certificate of approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office of
				Licensing shall review the application for a certificate and shall conduct one or
				more field visits to in-State agencies and, at its discretion, conduct one or more
				field visits to out-of-State agencies to ensure that the agency is in compliance
				with all requirements of
				N.J.S.A.
				9:3-37 et seq., and this chapter.
(b) After the Office of Licensing conducts an
				initial inspection of a new agency and finds the agency to be in substantial or full
				compliance with this chapter, the Office shall issue a certificate of
				approval.
(c) If the Office of Licensing
				issues a certificate of approval to an agency that is in substantial compliance with
				the requirements of the State Adoption Law and of this chapter, the Office shall
				provide written notification to the agency indicating the steps the agency must take
				to achieve full compliance.
(d) If the
				Office of Licensing determines that the agency cannot be issued a certificate of
				approval, the Office shall provide written notification to the agency indicating the
				steps the agency must take to secure a certificate of approval, if
				applicable.
(e) Each certification
				period shall be two years.
1. In determining the
				expiration date of the first certificate of approval, the Office of Licensing shall
				compute the two-year certification period from the date of issuance of the first
				certificate.
2. In determining the
				expiration date of a renewed certificate, the Office of Licensing shall compute the
				two-year certification period from the date on which the agency's previous
				certificate expired.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 50 - MANUAL OF REQUIREMENTS FOR ADOPTION AGENCIES › Subchapter 2 - CERTIFICATION PROCEDURES › Section 3A:50-2.3 - Denying, suspending, revoking, or refusing to renew a certificate of approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Office of Licensing may deny, suspend, revoke, or refuse to renew an adoption
				agency's certificate for good cause, including, but not limited to, the following:
1. Failure to comply with requirements of this
				chapter;
2. Violation(s) of the terms
				and conditions of a certificate;
3.
				Fraud or misrepresentation in obtaining a certificate or in the subsequent operation
				of the agency;
4. Refusal to furnish the
				Department with files, reports, records or other information as required by this
				chapter, or to cooperate with an inspection or investigation by the
				Department;
5. Refusal to permit an
				authorized representative of the Department to gain access to the agency during
				normal operating hours. An authorized representative includes:
i. A representative of the Office of
				Licensing;
ii. A representative of the
				Department for purposes of investigating allegations of child abuse or
				neglect;
iii. The Commissioner or his or
				her designee; and
iv. Any person
				specifically authorized by statute;
6. Failure of an out-of-State agency to maintain a
				required license, approval, or certificate in its own state or country;
7. Failure by the agency or executive director to
				secure and to maintain on file documentation from the Department showing compliance
				with criminal conviction disclosures, as specified in
				N.J.A.C.
				3A:50-4.5, or Child Abuse Record Information
				background checks, as specified in
				N.J.A.C.
				3A:50-4.6;
8. Refusal by the executive director to consent to
				or cooperate in a Criminal History Record Information background check or Child
				Abuse Record Information background check for himself or herself;
9. Refusal by the executive director to terminate
				the employment of a staff member who refuses to consent to or cooperate in a
				Criminal History Record Information background check or Child Abuse Record
				Information background check;
10.
				Refusal by the executive director to terminate the employment of a staff member when
				an allegation of child abuse or neglect has been substantiated against the staff
				member;
11. Refusal by the executive
				director to terminate the employment of a staff member convicted of a crime or
				offense requiring disqualification, as specified in
				N.J.A.C.
				3A:50-4.5;
12. A substantiated allegation of child abuse or
				neglect against the executive director; and
13. The executive director's conviction of a crime
				or offense requiring disqualification, as specified in
				N.J.A.C.
				3A:50-4.5.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 50 - MANUAL OF REQUIREMENTS FOR ADOPTION AGENCIES › Subchapter 2 - CERTIFICATION PROCEDURES › Section 3A:50-2.4 - Administrative hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Office of Licensing proposes to deny,
				suspend, revoke or refuse to renew a certificate, the Office shall afford the
				applicant or agency written notice of an opportunity for an administrative hearing
				by certified or registered mail or in-person delivery.
1. The notice shall specify the facts and legal
				authority which form the basis of the proposed action, and shall require an answer
				requesting a hearing, if desired, within 10 working days of receipt of the
				notice.
2. If the agency fails to
				request a hearing within 10 working days of receipt of the notice, the Office of
				Licensing shall take the proposed action immediately.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 50 - MANUAL OF REQUIREMENTS FOR ADOPTION AGENCIES › Subchapter 2 - CERTIFICATION PROCEDURES › Section 3A:50-2.5 - Court action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may institute a civil action in
				a court of competent jurisdiction for injunctive relief to enjoin the operation of
				an adoption agency for good cause, including, but not limited to, the following:
1. Any imminent dangers or hazards that threaten
				the health and safety of children and families served by the agency;
2. Repeated violations of the requirements of this
				chapter; or
3. Opening and operating an
				adoption agency without a certificate or without complying with the requirements of
				this chapter.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 50 - MANUAL OF REQUIREMENTS FOR ADOPTION AGENCIES › Subchapter 2 - CERTIFICATION PROCEDURES › Section 3A:50-2.6 - Complaints

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever the Office of Licensing receives a
				report alleging violations of this chapter by an adoption agency, the Office of
				Licensing shall ensure that the allegation is investigated to determine whether the
				complaint is substantiated.
(b) The
				Office of Licensing shall notify the complainant and the agency in writing of the
				results of the complaint investigation after the report of the investigation has
				been finalized. Such notification shall include the results of the investigation,
				pursuant to
				N.J.S.A.
				47:1A-1 et seq., commonly known as the State Right
				to Know Law and the Open Public Records Act
				N.J.S.A.
				47:1A-1 et seq., except that any information
				otherwise prohibited from disclosure by law shall be withheld.
(c) Any individual filing a complaint may do so
				anonymously. If the complainant reveals his or her identity, the name of the
				complainant, together with a description of the complaint and its status, shall be
				included in the Office of Licensing's records and shall be available for public
				review upon completion of the investigation, pursuant to
				N.J.S.A.
				47:1A-1 et seq., except that any information
				otherwise prohibited from disclosure by law shall be withheld.
(d) The Office of Licensing shall consider
				complaints or other notifications regarding an agency's adoption practices in a
				state other than New Jersey in reviewing that agency's adoption practices, if such
				complaints have implications for the agency's service in New Jersey.
(e) No agency shall discriminate against a person
				because of the filing of a complaint under this section.
(f) The agency shall cooperate with the Office of
				Licensing's investigations whenever such complaint investigations are conducted and
				shall ensure that all information that is requested by the Office of Licensing is
				complete and accurate. The agency shall ensure that all staff members are available
				for interview upon the Office of Licensing's request.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 50 - MANUAL OF REQUIREMENTS FOR ADOPTION AGENCIES › Subchapter 2 - CERTIFICATION PROCEDURES › Section 3A:50-2.7 - Public access to Office of Licensing records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office of
				Licensing shall make its adoption agency certification files available for
				examination during regular business hours by any person and shall supervise any
				person examining its files on the adoption agency.
(b) The Office of Licensing shall make the
				following items in the files open to public review:
1. Applications for certificates and related
				materials documentation;
2. Copies of
				certificates;
3. Correspondence between
				the Office of Licensing and the agency or other parties in matters pertaining to the
				Office's review, inspection or certification of the agency;
4. Program evaluation, inspection, and violation
				reports where applicable, reflecting results of Office of Licensing inspections and
				reinspections of the agency;
5. Forms
				and other standard documents used to collect routine data on the agency and its
				program as part of its record of compliance with the Manual of
				Requirements;
6. Enforcement letters
				from the Office of Licensing requiring abatement of violations of the Manual of
				Requirements;
7. Correspondence to the
				adoption agency from the Attorney General;
8. Chronological lists of events about the agency
				on compliance and/or enforcement matters;
9. Completed complaint investigation reports,
				except for child abuse or neglect investigations or other information that cannot be
				legally disclosed to the public; and
10.
				Any other documents, materials, reports, and correspondence that would normally be
				included as part of the public record.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 50 - MANUAL OF REQUIREMENTS FOR ADOPTION AGENCIES › Subchapter 3 - ADMINISTRATION › Section 3A:50-3.1 - Governing board requirements for private agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each private agency
				shall have a governing board composed of at least five voting board members that is
				representative of a variety of interests and points of view in the communities where
				the agency provides services, which shall have the authority to:
1. Set overall policy for the agency;
				and
2. Ensure the financial viability of
				the agency.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 50 - MANUAL OF REQUIREMENTS FOR ADOPTION AGENCIES › Subchapter 3 - ADMINISTRATION › Section 3A:50-3.2 - Advisory board requirements for public agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each public agency
				shall have an advisory board or advisory council that is representative of a variety
				of interests and points of view in the communities where the agency provides
				services. The advisory board shall:
1. Keep
				informed of and make recommendations regarding the operational policies and
				practices of the agency;
2. Provide
				advice to the agency on matters of policy, planning, program evaluation and
				practice;
3. Periodically review aspects
				of the agency's adoption operation;
4.
				Meet at least annually and make records of attendance and minutes of each meeting
				available for inspection by the Office of Licensing; and
5. Adhere to the standards for private agency
				governing boards, as specified in
				N.J.A.C.
				3A:50-3.1(d) through
				(i).
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 50 - MANUAL OF REQUIREMENTS FOR ADOPTION AGENCIES › Subchapter 3 - ADMINISTRATION › Section 3A:50-3.3 - Legal responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An agency shall be authorized to place
				children for adoption, accept relinquishment of parental rights, receive custody
				and/or guardianship of a child and have the right to consent to adoption. An agency
				that takes custody or guardianship of the child shall also be legally responsible
				for the child under care or guardianship until the adoption is finalized or until
				the child's custody and care or guardianship is transferred to another certified
				agency or person.
(b) When an agency
				transfers a child, the agency shall document the reasons for such action in the case
				record and shall verify that the second agency to which the child is being
				transferred is licensed, certified, or approved in the state where it is
				based.
(c) A New Jersey-certified agency
				may work cooperatively with an out-of-State agency only if:
1. The New Jersey-certified agency verifies that
				the out-of-State agency is licensed, certified, or approved as required in the state
				or country where the adoption services are provided or where the child will be
				placed;
2. Both agencies execute a
				written cooperative agreement; and
3.
				Both agencies develop a written plan detailed in the cooperative agreement that:
i. States which agency shall have legal custody of
				the child;
ii. Defines financial and
				social work responsibilities before, during, and after the placement of each child;
				and
iii. Defines, in case of disruption
				before the child's adoption has been finalized, which agency maintains custody of
				the child, is responsible for securing a new placement for the child, and how the
				child will be transported to the new placement.