A Basic Guide To The New Jersey Court Process For Resource Families
A Basic Guide To The New Jersey Court Process For Resource Families
A Basic Guide to the for foster parents (resource parents)providing foster care
for children placed in their home by the New Jersey
New Jersey Court Process Division of Youth and Family Services (DYFS). It is not
intended to offer legal advice or legal guidance. For
for Resource Families more information or if you have questions not answered
in this guide, contact Mary Coogan,
([email protected].), at Advocates for Children of New
Jersey’s Kidlaw Resource Center.
The Kidlaw Resource Center offers information,
assistance, training and legal publications about the
rights of children and legal processes affecting New
Jersey’s children. The center provides free fact sheets,
manuals and other information. Staff is available to
provide presentations and training on children’s legal
rights to community groups and professionals. Visit
www.kidlaw.org for more information.
Published by Advocates for Children of New Jersey
© ACNJ, March 2012 35 Halsey Street
Newark, New Jersey 07102
Kidlaw Resource Center www.acnj.org
Advocates for Children of New Jersey
35 Halsey Street Cecilia Zalkind Mary Coogan
Newark, NJ 07102 Executive Director Assistant Director
973‐643‐3876
Richard Trenk
973‐643‐9153 fax President, ACNJ Board of Trustees
www.acnj.org
www.kidlaw.org Find us on Facebook at www.facebook.com/acnjforkids
Copyright © 2012 by Advocates for Children of New Jersey All
rights reserved.
Introduction
The Division of Youth and Family Services (DYFS or
the Division) has placed a child in your home. DYFS
Table of Contents has trained and approved or licensed you as a
resource family and provides you with a monthly
board payment, Medicaid for the child, a clothing
Introduction ........................................................... 1 allowance and, if needed, child care.
New Jersey Foster Care ..........................................1
You are also involved in a court process through
Overview of the Law ............................................. 5
which a judge is making decisions regarding the care
Court Process for Child Abuse &
and custody of the foster child in your home. This
Neglect Cases ............................................... 8
guide is intended to help you understand the laws
Child Placement Review Board Process ...........13 that govern this court process, your role in that
Child Welfare Mediation ....................................14 process and how you can advocate for the foster child
Termination of Parental Rights Process ...........16 in your home. Please understand that this is just an
Achieving Permanency for the Child .............. 21 overview. Each factual situation may bring different
Addressing the Child’s Needs .......................... 30 results.
Who Can You Turn To For Help? .....................37
Resources ...............................................................41 New Jersey Foster Care
All living arrangements involving a child being placed
outside his/her home are generally referred to as
foster care. These can include the homes of relatives,
non‐related foster parents or group homes. New
Jersey calls relatives who provide foster care and non‐
related foster parents, as well as individuals interested
in adopting children in foster care, resource families.
Trained and licensed by the state, you, as a resource
family, are obligated to provide support and stability
to the child until he/she can return home, is placed
1
permanently with a relative, is adopted or becomes an emotional needs. They are also paid a higher monthly
independent adult. board rate.
DYFS pays you a monthly board payment to help you How did the child come to be placed in your home?
support the child, and provides training and DYFS is part of the Department of Children and
supportive services to you and the child. You, in turn, Families (DCF). DYFS is the state agency mandated to
are required to meet licensing regulations and to investigate all allegations of abuse and neglect of
follow DYFS’ policy and plan and any court orders children in New Jersey, determine whether the abuse
issued by the judge for the child. This includes and/or neglect occurred and take the action necessary
working with DYFS to try to return the child home, as to ensure the health and safety of a child and
long as reunification remains the goal. permanent home for the child.
Once a child is placed with your family, a resource If abuse or neglect occurred, the law requires that
family support worker (RFSW) will be assigned from DYFS initially offer appropriate services, such as
the local DYFS office to identify your family’s ongoing counseling, to stabilize the family, and keep the child
needs and facilitate the referral and provision of at home. If DYFS cannot be certain that a child is not
services. The RFSW will assist the DYFS worker at risk of further harm at home, DYFS may ask the
assigned to your child’s case with ongoing monitoring court to authorize the removal of the child from the
and safety assessments. home and placement of the child into foster care.
The DYFS caseworker assigned to the child’s case, In those cases, the attorney who represents DYFS, a
called a case manager, may ask you to help meet the deputy attorney general (DAG), will file a complaint
identified needs of the child in your home. This in family court, asking the judge to give DYFS legal
includes transporting the child to visits with parents and physical custody of the child. The parents are to
and other family members, taking the child to be notified of this request and of their right to appear
counseling or addressing the child’s special needs at in court to oppose the removal.
school. Some foster homes are specialized. These
resource families take on more responsibilities and The judge will look at the information presented both
make more adjustments in their home to from DYFS and the parents and then decide if the
accommodate the child’s special medical and/or child should be placed into foster care. The judge’s
decision is based on a preponderance of the evidence,
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which means that the judge will grant DYFS’ request Overview of the Law
to remove the child if there is more evidence that When a child comes into foster care because of abuse
abuse or neglect occurred than a lack of evidence. The and/or neglect, the court case will generally proceed
parents can provide information to oppose the under Title 9 of New Jersey law. There are also
placement at this initial hearing, as well as at later regulations and court rules that apply to these cases.
hearings. The judge’s decision will be reflected in a
written court order. The laws governing these cases are based upon the
concept of permanency, the belief that children grow
If the parents cannot afford an attorney, they can up best in stable families and that every child needs
request an attorney through the Office of Parental nurturing from a consistent parent person who is
Representation (OPR) in the Office of the Public committed to his/her care and well‐being.
Defender. Some parents are also represented by
attorneys who work for a legal services office. The parent‐child relationship is critical to the child’s
healthy development. How the child grows,
All children in court‐ordered foster care are entitled to emotionally and physically, is influenced by the
legal representation and are assigned an attorney parent‐child bond. The quality of that bond can
called a law guardian. As the child’s attorney, the law profoundly affect the relationships children have with
guardian should represent the child’s wishes and legal all other people in their lives.
interests in the court proceeding. The law guardian
and/or the law guardian investigator should have Over the years, the law has defined permanency.
regular contact with the child in your home. The law There are three aspects to legal permanency that
guardian should inform the judge of any concerns DYFS must follow in these cases – family
regarding the child’s health and well‐being. preservation, family reunification and alternative
permanent placement
These attorneys and investigators work for the Law
Guardian Program in the Office of the Public Family preservation requires that DYFS attempt to
Defender. Telephone numbers for Law Guardian keep the family together by offering services to
Program offices are listed at the end of this guide and strengthen the family. When the provision of services
on ACNJ’s website, www.kidlaw.org. cannot ensure the child’s safety, DYFS must remove
the child.
4 5
The child is then placed with a resource family such as Children in Foster Care Have Rights
yours. In the majority of cases, DYFS has a legal The Child Placement Bill of Rights is a law that
obligation to offer services and work with the family entitles a child, who is living outside of his/her
towards family reunification. During this time, the parent’s care, to certain independent rights because
legal responsibility for the child is shared between the child is in foster care. These include the following:
DYFS, the resource parent who has day‐to‐day To live with a relative, or at least in the child’s
responsibility for the child and the birth parents who own town or city if he/she cannot live at home;
still retain parental rights and want their child To live in the same foster home with the child’s
returned to them. No one is solely responsible for the brothers and sisters; if possible, or at least to visit
child. This is why foster care should be temporary. regularly with them;
To visit his/her parents;
If the child cannot be safely returned to the family unit To be safe, both physically and emotionally;
within a reasonable period of time, DYFS must find an To see the DYFS case manager on a regular
alternative permanent placement for the child, basis;
preferably through adoption. For this reason, DYFS To stay in one foster home, or at least not be
now licenses all non‐related foster parents, relative moved from home to home;
caregivers and families interested in adoption as To have a plan to either return home or be
resource families so the same family providing adopted, whichever is the best for the child;
temporary care can commit to adopt the child, if To be given the help needed to grow up
adoption becomes the permanent plan for the child. healthy;
To receive a good education;
To have enough good food to eat, clothes to
wear and a safe house to live in;
To receive proper health care to maintain and
advance the child’s physical and mental well‐being;
and
To be free from being physically restrained or
isolated.
You, the resource parent should do what you can to
ensure that these rights are protected and enforced.
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Court Process for Child Abuse and Neglect well as the child’s parents, should be involved in the
Cases development of the visitation plan. With your
The initial hearing at which DYFS requests that the permission, the visits can take place at your home or
child be placed into foster care is called an Order to you can agree to transport the child to the visits at
Show Cause hearing. If the judge grants the Division’s another location.
request, the case will be given a docket number that
starts with the letters FN. The FN docket number will Brothers and sisters should be placed into the same
be found on correspondence you receive from the foster home if possible and, if not, should see each
court regarding your foster child’s case. other regularly. DYFS may ask for your help in
arranging these visits with the other resource parents.
In most cases, DYFS is required to offer services to the
parents to help correct the problem(s) that led to the Providing information to the judge
child being removed from the home so that the child As a foster/resource parent, you should receive notices
can be reunited with the parents. Some of these from the court for hearings scheduled concerning the
services may be ordered at the first hearing. Other status of the foster child in your home. These hearings
services may be ordered for both the parents and the are scheduled every two to three months. You have
child at later hearings. the right to speak to the judge at these hearings. You
can provide information to the judge about how your
Contact between the child and his/her parents and foster child is progressing, as well as ask questions or
siblings Children living in foster care have the right to express concerns you may have about the child’s well‐
visit with their parents immediately after placement being, DYFS or the court process.
and on a regular basis thereafter, consistent with the
health, safety and physical and psychological welfare Since you are not a “party” to the court proceeding,
of the child and as appropriate to the individual you do not have a right to stay in the courtroom for
circumstances of the childʹs physical or mental the entire hearing. Once you have spoken to the judge,
development. DYFS needs to provide a specific reason you may be asked to leave the courtroom.
for limiting visits or requiring visits to be supervised.
With the notice of the court hearings, you should
For most children entering foster care, the goal is to receive a Resource Family Information Form to
hold a visit every week for a period as long in provide information to the judge and others in the
duration as possible. You, as the child’s caretaker, as case. You are not obligated to complete this form, but
8 9
the update will be helpful to the judge. You should foster care and/or to order services for the parents,
send the form to the court at least seven (7) days prior other family members and for the child.
to the hearing date.
Compliance Reviews
If you cannot attend the court hearing because of your After the dispositional hearing, regular court reviews
work schedule or other commitments, you can every three to six months, sometimes called
provide the judge with a written update by filling out compliance reviews, follow. During these hearings,
the Information Form or writing a letter, adding new the judge receives reports about whether the parents
information you think might be helpful. Talk to your and DYFS have complied with court orders and what
DYFS case manager or the law guardian if you have progress has been made to fix the problems that
questions. caused the child to be placed into foster care. At the
review, the judge addresses issues identified by all
Fact‐Finding Hearing involved with the case, including you, the resource
Within four months of the child coming into foster parent.
care, a fact‐ finding hearing should occur to
determine whether the allegations against the parents Permanency Hearing
are true. At this hearing, the parents may provide The law requires that the judge schedule a
their own evidence in opposition to DYFS’ allegations permanency hearing within one year of the child
or admit that certain allegations in the complaint are being placed into foster care. In certain situations,
true. A finding by the judge that the child was abused DYFS may not be required to offer services or make
or neglected gives the judge authority over the child reasonable efforts to reunite the child with the family.
and the family. If the evidence present to the judge In these cases, DYFS can ask the judge to make a
does not support such a finding the judge may dismiss finding that reasonable efforts are not required. If the
the case and return the child home to his/her parents. judge determines that the evidence supports such a
finding, the permanency hearing will occur within 30
Dispositional Hearing days of the judge’s decision.
Immediately following the fact‐finding hearing or
shortly after a dispositional hearing is held to decide These cases include situations in which:
the child’s placement. The judge may decide to send The parent has subjected the child to very
the child back to his/her parents, keep the child in severe abuse, neglect, cruelty or abandonment
10 11
The parent has been convicted of committing or ask for changes. Each can present information to
or attempting murder or manslaughter of a child the court through reports from experts, testimony
The parent has been convicted of committing from witnesses, and make arguments to the judge to
or attempting an assault that resulted, or could have support their clients’ positions. The judge then decides
resulted, in the death of, or significant bodily injury to whether to approve the permanency goal and plan.
a child, or
When the rights of the parent to another child Child Placement Review Board Process
have been involuntarily terminated. Each county has Child Placement Review (CPR)
Boards, made up of trained volunteers who monitor
At the permanency hearing, the judge considers the the cases of children living apart from their parents.
permanency plan that DYFS has proposed for the CPR boards review each case within 45 days of the
child. The plan should discuss the long‐term goal or initial placement to make sure everyone is doing what
permanency goal for the child, the anticipated date for they are supposed to do. At the review, the CPR board
achieving that goal and what needs to be done to meet will gather information vital to obtaining a
that goal. permanent home for the child.
New Jersey law states that the child is entitled to At the review, members of the Board will ask about
attend the permanency hearing. You should talk to the the placement plan and any services to the child,
child’s law guardian or the law guardian investigator parents and to you. They will inquire whether the
about whether the child should attend a court hearing. parents have been given the opportunity to regularly
If the child is older, you can tell the child that he/she visit with the child and what, if any, obstacles exist to
can attend court hearings. If the child is interested achieve the long‐term goal for the child.
he/she should talk to the law guardian. Notice needs
to be given to the judge, who has the final say on Board members want to know how the child is doing,
whether the child can appear in court. Sometimes, so you should make every effort to attend this review.
special arrangements need to be made to bring a child If you cannot attend, you should consider sending a
to court. You can offer to bring the child to court if the written update about the child or call the Board
child wishes to attend the hearing. Coordinator at the courthouse to provide information.
You can bring the child to the review, unless the court
The attorneys for the parents and the law guardian determines that it is not in the child’s best interest.
can agree with the permanency plan, oppose the plan
12 13
Check with the Board Coordinator or the Law conversation during which the participants can
Guardian if you have questions. express their opinions and learn how others feel.
Following its completion of the review, the CPR Board With few exceptions, whatever is said in the
submits its recommendations, questions and any mediation session is confidential. While the mediator
concerns about the case to the judge who then issues helps to keep the conversation positive and focused on
an order. the child. The mediator does not takes sides or make
any decisions. Only the participants can make
You can find contact information for each county’s decisions. If an agreement is reached, the mediator
CPR board on the state Child Placement Advisory will put the terms of the agreement in writing to be
Council’s website at www.njcpac.org or by calling presented to the judge. If approved, the agreement
609‐633‐2581. will become an enforceable court order.
At any point after the fact‐finding hearing, the judge
Child Welfare Mediation may refer the case involving the child in your home to
Child welfare mediation is a way outside the court mediation. The judge can make this referral based
room for the parties to resolve issues concerning the upon the request of one of the parties through their
children in the care of DYFS. A neutral, trained attorney. The judge will sign an order that directs
person, the mediator, arranges a meeting between the everyone involved in the case to attend one mediation
parents, the DYFS case manager, the attorneys, the session. Mediation sessions are free. Most counties
resource parent(s) and anyone else who has an interest offer mediation for DYFS cases.
in the welfare of the child or children involved in the
case, such as a CASA or a relative who is helping the
parent.
At the meeting or mediation session, the mediator
helps everyone discuss concerns they have about the
child and/or children in the case, the family, DYFS
and/or the legal process. Since the session is held
outside the court room, there is more time for
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Termination of Parental Rights Process upon which DYFS can seek to terminate parental
If the problems that caused the child’s placement are rights:
not corrected within a reasonable period of time, A criminal conviction against the parent
DYFS is legally obligated to find another permanent because of abandonment, neglect or cruelty;
home for the child, preferably through adoption. A criminal conviction against the parent for
murder or manslaughter of the child’s brother or sister
The law requires that a termination of parental rights or a conviction for an assault that resulted or could
complaint be filed when the child has been in have resulted in significant bodily injury to the child
placement for 15 of the last 22 months, unless there is or a sibling;
an exception to the requirement. This deadline can be Abandonment of the child;
extended by the judge if the parents are making Best interests of the child; or
progress or under other special circumstances. The parents’ failure to remedy the problem
Through this process, the child can become legally which caused the placement despite DYFS’
free to be placed for adoption. reasonable efforts to help the parents.
A termination of parental rights case is also called a In the majority of cases, DYFS argues one or both of
guardianship case. This case will have a new docket the last two grounds. To establish a case where it
number that starts with FG and a new complaint will appears that the child’s best interests require the judge
be filed. You can find out whether your foster child’s terminate the parents’ rights, DYFS must submit
case is an abuse and neglect case or a termination of evidence to meet each aspect of a four‐part test:
parental rights case by looking at the docket number The childʹs safety, health or development has
on the notices that you receive for your foster child’s been or will continue to be endangered by the parental
court hearings. relationship; and
The parent is unwilling or unable to eliminate
Generally the same law guardian will represent the the harm facing the child or is unable or unwilling to
child for both court processes. Sometimes different provide a safe and stable home for the child and the
attorneys represent DYFS and the parents. delay of permanent placement will add to the harm.
Such harm may include evidence that separating the
Legal Basis for Terminating Parental Rights child from his foster/resource parents would cause
Title 30 of New Jersey law (statutes) governs serious and enduring emotional or psychological
termination of parental rights. There are five grounds harm to the child; and
16 17
DYFS has made reasonable efforts to provide Possible Outcomes of a Termination of Parental
services to help the parent correct the circumstances Rights Case
that led to the childʹs placement outside the home, and At trial, the Division has to prove its case by clear and
the court has considered alternatives to termination of convincing evidence, which means the evidence must
parental rights; and be sufficient to leave the judge no doubt that DYFS
Termination of parental rights will not do has met the requirements of the law.
more harm than good.
If the judge decides to terminate parental rights, the
To make a case on the grounds of reasonable efforts, child should be placed for adoption. If the judge
DYFS must submit evidence that the parent has failed decides that there is not enough evidence to prove
for a period of one year to remove the circumstances DYFS’ case, the request to terminate parental rights
or conditions that led to the removal and placement of will be denied.
the child despite the reasonable efforts of DYFS to
assist the parent in remedying the conditions. Either party has 45 days to appeal the judge’s decision
Reasonable efforts are defined in the law to include to the Appellate Division, asking this higher state
DYFS: court to review the trial evidence and determine
whether the trial judge made the correct decision
Consulting with the parent to develop a plan under the law. Appeals stop the court process, thus
for appropriate services; delaying the finalization of the child’s permanent
Providing the court‐ordered services to plan.
accomplish family reunification;
Informing the parents of the childʹs progress, A parent may not show for the trial, resulting in a
development and health; and default judgment being entered against the parent.
Facilitating appropriate visitation. This allows DYFS to present its evidence to the judge
without opposition from the parent.
In cases when a parent has disappeared and has not
had contact with the child, with you or with DYFS for If the judge rules against DYFS, and the parent is not
six months or more, and the parent’s whereabouts are ready to have the child live with the parent, the judge
unknown despite DYFS conducting official searches may order DYFS to provide services to ensure the
for the parent, a case can be made for abandonment. child’s safe reunification. The child may continue to
live in your home while these services are put in place.
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The prior child abuse and neglect (FN) court case is Achieving Permanency for the Child
reopened for continued court monitoring. Adoption Finalization
A resource parent who has cared for a foster child for
The parent may, at any time, decide to surrender two years or more, and who wishes to adopt that child
his/her legal rights to the child. New Jersey allows a once legally free to be adopted, shall have first
parent to surrender his/her parental rights for consideration for the adoption of that child. If you are
purposes of having the child adopted by a person interested in adopting the child in your home, you
specified by the surrendering parent, such as you, the should always inform DYFS of that interest. This
resource parent. This is called an identified surrender. should be done in writing. All licensed resource
If, for some reason, the identified person does not families should meet the standards to be a temporary
adopt the child, the parent’s surrender becomes null foster home, as well as an adoptive home.
and void.
If you would like more information about adoption
and/or if you have questions about whether you
should adopt, contact New Jersey’s Adoption
Resource Clearing House (NJ‐ARCH). The toll free
number is 1‐877‐4ARCHNJ (1‐877‐427‐2465) or call
973‐763‐2041. Or visit NJ‐ARCH’s website at
www.njarch.org
If DYFS decides that there is a better adoption plan for
the child, the Division can decide against you. If you
are not chosen as the adoptive home, you can request
a review of this decision.
If you are not interested in adopting, hopefully DYFS
has already begun to search for another resource
family that can adopt the child. Once this home has
been found, the child will be moved to that home for a
period of time to assess whether this is an appropriate
home for the child. Then the process to finalize the
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adoption will take place. A child must be in a home Siblings of children who meet the hard‐to‐
for at least six months before the adoption can be place criteria, and who must be placed
finalized. together;
Children over age 10;
Adoption Subsidies Children over age 2 who are a member of an
Many of the children adopted from foster care have ethnic group with few available adoptive
emotional and/or physical problems that will continue homes;
after they are adopted. Some will have significant Children over age 5 who have been living with
medical bills or need psychological counseling. New foster parents for at least 12 months and for
Jersey, like other states, provides subsidies to families whom adoption by the foster parents is the
who adopt special needs or hard‐to‐place children. most appropriate plan;
New Jersey receives federal funding to maintain this ●Any other condition that may be approved by the
program. DYFS director.
In New Jersey, children are considered hard‐to‐place Adoptive parents for hard‐to‐place children must
if they have: meet certain standards, including:
●A health problem that requires frequent medical or Be age 18 before the adoption has been
dental treatment; finalized and shall be at least 10 years older than
●A physical handicap that makes or is expected to the person(s) he/she wishes to adopt;
make the child partially or totally unable to attend Be capable of raising the child in a decent,
school or get a job; moral environment;
●Major disfigurement; A resident of NJ and/or any other state, if
●A diagnosed psychological or psychiatric problem or approved for adoption by a licensed agency in that
is developmentally disabled and unable to relate to state and meet all interstate requirements;
peers or authority figures; Have sufficient financial resources to provide
●Children at certain ages or who come from certain for the basic health, education, general well‐being
situations, including: and normal development of the adopted child
Children who are one of a group of three or with the addition of the subsidy;
more siblings, and who must be placed Have the ability to manage family financial
together; resources efficiently to meet the basic cost of
raising the child in a suitable way;
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Be in reasonably good physical and emotional services are available. Adoptive parents who finalize
health, as attested to by an examination by a an adoption in 2011 can take a federal tax credit of up
physician, if necessary; to $13,360. For more details visit
Be free from any physical or mental illness or http://www.nacac.org/taxcredit/taxcredit2011.pdf.
disability that would jeopardize the normal health,
education and well‐being of the adopted child; Adoption Registry
and The Adoption Registry can facilitate contact between
Be able to provide for the normal development birth family members and adoptees whose adoptions
of the adopted child and provide for the general were processed by DYFS. If you adopt the foster child
health, education and well‐being of the adopted in your home, you can fill out an application for the
child. Adoption Registry. The registry will notify you if the
birth parents register. Non‐identifying information
DYFS must determine and approve the child’s about the birth family can be provided to you as the
qualifications for subsidy payments prior to the adoptive parent or to the child you adopted when
completion of an adoption proceeding. Payment he/she becomes an adult. This may include family
includes 100 percent of the monthly foster care board health histories, social and medical characteristics of
payment until the child turns 18, or until the child birth family members, and, summaries of the case
completes high school, whichever event occurs later. record material.
Medicaid continues to cover the medical expenses of Identifying or contact information about you will not
these children. The adoptive parent may receive be released. Cards or letters attached to one’s registry
payment of expenses resulting from a qualifying application can be forwarded when the family
condition not covered by Medicaid or other insurance, member for whom the letter is intended contacts the
such as equipment for a child of extraordinary needs. registry. You should update the registry when your
This is negotiated in the subsidy agreement. Subsidy address and/or telephone number change if you
payments and Medicaid coverage continue if you and/or your child upon reaching 18 wish to be
move out‐of‐state. contacted. To obtain an application for the registry,
call 609‐984‐6800 or 609‐292‐8816.
Adoptive parents can also receive a payment for
adoption expenses, such as legal fees and court costs.
Preschool child care and post‐adoption counseling
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Open Adoption might arise. Consideration should be given to the
Open adoption1 is the term used to describe any terms of the agreement to make sure that the child will
contact between a birth family and an adoptive family continue to benefit from the contact.
before and/or after an adoption has been finalized. It The Supreme Court has also ruled that a child has the
can be limited to permitting the birth family to assist right to seek contact with a sibling, even over the
in the selection of an adoptive home. It can also objection of an adoptive parent. The sibling seeking
include post‐adoption contact, from the sharing of contact must show that denying the contact will have
information between the families to actual visits. a negative impact on the adopted sibling.
The New Jersey Supreme Court has held that while
voluntary agreements between the birth family and Kinship Legal Guardianship – An Alternative to
the adoptive family will be recognized, they will not Adoption
be enforced by the courts. That means that if a birth Adoption is ideal for children who cannot be
parent surrenders custody of a child and the promise reunified with birth parents because it is the most
of future contact is a condition of that surrender, that
permanent legal arrangement, giving a child a
surrender is not considered valid in New Jersey
new forever family. However, for a child to be
courts.
adopted, the judge must first take away or
An open adoption agreement may be appropriate if “terminate” the birth parents’ rights and then
the child has a relationship with his/her birth family award those rights
and if you, as the adoptive parent(s), determine that to the adoptive parent(s).
continued contact is good for the child. However, such
an agreement should not be forced upon you if you The law recognizes that adoption is not possible
adopt the child. You and your family must be in all situations. For example, you may love and
comfortable with the continuing contact. Once the be willing to raise the child, but you do not want
adoption is finalized, DYFS will not be available to to end the parents’ rights. The child still needs a
help you arrange visits or to address problems that
legal permanent home that will provide stability
1 for the child to at least age 18, if not longer.
For more information about open adoption see ACNJ Special
Reports on Open Adoption and Post Adoption Sibling Contact on
www.kidlaw.org.
26 27
Next to adoption, kinship legal guardianship is provide services or assist in arranging for visits
the most permanent between the child and the parents. You will have
legal option. You legally assume responsibility for to make those arrangements on your own.
the care and support of the child, and the parents
retain certain rights. The parent(s) may also seek to modify or vacate
the Final Judgment of Kinship Legal
If you are a relative or close family friend who Guardianship at a later date, although it is not
has had the child in your home for at least one easy for a parent to prove to a judge that custody
year and the parents have serious problems that should be returned to the parent.
appear to be continuing for the foreseeable future,
and you have strong reasons for not wanting to You will continue to receive a monthly KLG
adopt the child, you may ask to become the subsidy payment from DYFS and Medicaid for
child’s kinship legal guardian (KLG). the child until he/she turns 18 or completes high
school. DYFS currently continues KLG subsidy
As a kinship legal guardian, you will have almost payments if you move to another state. However
all the same rights and responsibilities as a parent you have to meet the Medicaid eligibility
and commit to take care of the child until age 18. requirements in that state.
You will have the authority to consent to the
child’s routine or emergency medical treatment, Eligibility for assistance for college will be
school needs and any other activity requiring determined on case‐by‐case basis. You should ask
parental consent. A KLG cannot consent to the your DYFS case manager for details or check out
child’s adoption or to a name change. other related materials at www.kidlaw.org.
The child can still see and/or talk to his/her birth In addition to the monthly KLG subsidy
parents. Since the parents’ rights are not payments, relative KLGs may also qualify for
terminated, the parent(s) often have a right to help from the Kinship Navigator Program, once
visitation through the final court order. Once the the DYFS case is closed and based upon your
KLG order is finalized, DYFS will no longer income. You must be a relative. The program
28 29
provides assistance with child care expenses and If possible, you should attend the evaluation.
wrap‐around services (short‐term or one‐time Your knowledge about the child will be helpful to
expenses related to the child such as tutoring, the doctors. Ask your case manager about
furniture). The Kinship Navigator Program scheduling the evaluation if one has not been
telephone number is 2‐1‐1. scheduled. You will receive the results so that you
can work with the DYFS case manager to obtain
For more information regarding kinship legal services to address any difficulties identified.
guardianship, contact ACNJ for a copy of Kinship
Legal Guardianship: A permanency option in DYFS DYFS is responsible for ensuring that the foster
cases. The publication can be found online at child in your home receives appropriate medical
www.kidlaw.org. and dental care. You can ask for counseling and
other health related services for the child in your
Addressing the Child’s Needs home. You should help by taking the child to
Medical Needs necessary medical and dental appointments.
Prior to the child entering foster care, DYFS will Generally, the health insurance is Medicaid and
arrange for the child to be examined by a the child will be enrolled in an HMO. Ask your
physician. This doctor will report to DYFS on the DYFS case manager for details.
child’s medical condition and needs. DYFS
should also obtain the child’s previous medical Mental Health Services
records. DYFS is required by law to share If you think your foster child needs mental health
healthcare information about the foster child with services, you need to contact your DYFS case
you. manager and/or your child’s law guardian to
discuss what services are needed. Mental health
Within 30 days of entering foster care, a child services may require pre‐approval by Medicaid or
should have a comprehensive health exam. This the HMO. The judge can order that services be
will include a complete physical examination, a provided.
developmental assessment and a mental health
screen.
30 31
The Division of Child Behavioral Health Services Other services
(DCBHS), also located within the DCF, may be If your foster child is identified as having
providing behavioral health services for your additional service needs, DYFS should arrange
foster child jointly with DYFS. Mobile Response appropriate community resources to provide the
and Stabilization Services (MRSS) can be service to the child in a timely fashion. If there is a
accessed through DCBHS. MRSS provides short‐ delay because the needed service is not available
term, intensive, preventive services that include or limited in your community, DYFS should
behavioral and rehabilitative interventions encourage and promote the development of
designed to diffuse an immediate crisis and keep needed services.
the child at home, rather than having to be
hospitalized. To access MRSS, call 1‐877‐652‐7624. A youth who is in foster care at least one day past
his/her 18th birthday is eligible to continue
receiving Medicaid until age 21. To find out about
a specific child’s eligibility, call 1‐877‐235‐4766.
Emergency Medical Care
If your foster child needs emergency medical
care, you must contact the case manager or call Educational Needs
the DYFS 24‐hour hotline (1‐800‐792‐8610) on You are responsible for registering your foster
weekends, holidays and after regular working child in school. The Foster Parent Identification
hours. You may consent to emergency care only letter will provide the school with the proof of
when immediate consent is necessary to protect residency required for enrollment. You need to
the child’s well‐being and when DYFS cannot be bring the child’s immunization records and
contacted within the time required. In such medical records, which should be provided by
situations, you must notify DYFS as soon as DYFS at the time the child was placed in your
possible about the treatment. home.
The Foster Parent Identification letter gives you,
as the resource parent, the right to give consent
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for the child to participate in elective classes, Family Service Plan (IFSP) will be developed with
school activities, sports and to sign report cards the family. Services are usually provided in the
and permission slips. child’s home. They can also be provided in a
community setting. For the telephone numbers of
Enrolling your foster child in a private school the county Offices of Special Services, visit
can only be accomplished if the child’s parents www.kidlaw.org.
agree to the private school placement, the school
satisfies the New Jersey Department of Education Addressing your foster child special education
requirements, the school is consistent with the needs
religion of the child if it is a religious school and Your foster child may already be receiving special
there is no cost to DYFS. education services or may need additional
You cannot home school your foster child. educational services. Federal and state law dictate
that children between the ages of 3 and 21 who
Addressing a developmental delay or learning have identified learning disabilities must be
disability of an infant/toddler (birth to age 3) provided with a free, appropriate, public
Developmentally delayed and disabled children education (FAPE) in the least restrictive
are entitled to Early Intervention Services (EIS) environment (LRE). This means that the student’s
from birth to age 3. Anyone can report a potential education must be individualized to meet his/her
candidate for EIS to the County Office of Special unique needs.
Child Health, which is part of the Department of
Health and Senior Services (DHSS). All children, If the child has already been classified eligible for
ages 0 to 3, for whom there has been a special education, the previous school district
substantiated abuse and/or neglect allegation would have drawn up an Individualized
must be referred for an EIS evaluation. Education Plan (IEP). The new district must
immediately review the evaluation information
A free evaluation will be scheduled to determine and the IEP and conduct a meeting with the
if and what services can assist the child and your parent present.
family. A specific plan, called an Individualized
34 35
If both parties agree, the IEP will be implemented district, your DYFS case manager, and/or the
as written. If either party disagrees, the IEP must child’s law guardian to determine if you have
be implemented as written pending resolution of legal authority to consent to the evaluation and
the dispute. If the current IEP is unavailable, the classification of your foster child. You can also
new district must place the student based on the contact ACNJ for assistance.
information available and complete the
evaluation/IEP process without delay.
Who Can You Turn To For Help?
The role of the legal parent, foster/resource The Division
parent in educational decision‐making. DYFS’ mission is twofold. First, it is to ensure the
If you suspect your foster child has a learning safety, permanency and well‐being of children,
disability that has not been formally assessed, you and, second, to support families. There are several
should write the school district’s director of people at the local DYFS office that will be
special education and request a formal involved in your foster child’s case and are there
evaluation. This process, including the to assist you in helping the child. They include:
identification of a special education need,
evaluation, classification and program The child’s case manager, sometimes called the
implementation, is fully explained in a booklet case worker, is responsible for making sure that
entitled A Basic Guide to Special Education your foster child is doing well and has everything
available in print from ACNJ or on the that he/she needs. The case manager is your first
www.kidlaw.org website. contact at DYFS. When you need assistance or to
need inform DYFS of something, you should
New Jersey regulations require written parental contact the case manager.
consent for evaluation and initial placement of a
child in special education programs. The law Each resource family will now be assigned a
permits a foster/resource parent to provide resource family support worker (RFSW) who
consent for education‐related decisions in certain will guide your family through the home study
situations. Therefore, if you suspect or know your and licensing process. Once a child is placed in
foster child has a learning disability, consult the
36 37
your home, the RFSW will facilitate the referral offices, can be found at
and provision of supportive services and identify www.state.nj.us/dcf/contact.
ongoing needs of your family.
DCF has an Office of Advocacy that is a Helpline
If you are unable to reach your case manager you can call if you have concerns about DYFSʹ
directly, you should leave a message and allow handling of a situation involving your foster
one or two days for a return phone call, unless it child. Before calling the Helpline, try to resolve
is an emergency. You can also fax a note. If still the problem by talking with the case worker and
unsuccessful, contact the case manager’s his or her supervisors. The number is 1‐877‐543‐
supervisor. If you have an emergency and cannot 7864.
reach the case manager, you should ask to speak Court Appointed Special Advocate (CASA)
with the supervisor. The CASA volunteer serves as an advocate for a
child in foster care. Any party in the case can
The casework supervisor gives support and request that a CASA be assigned to a case, but the
assistance to case managers and supervisors. If judge must appoint the CASA. The CASA helps
you have an emergency and you cannot reach ensure that the child’s needs are being met and
either the case manager or the immediate that the child finds a permanent home. Not every
supervisor, ask to speak with the casework child has a CASA.
supervisor for your child’s case. If you have tried
unsuccessfully to contact both the case worker If the child in your home is assigned a CASA
and the immediate supervisor about non‐ volunteer, the CASA should visit with you and
emergent issues for a few days, advise the your foster child and can report any problems or
casework supervisor. concerns to the judge. Contact information for
current programs is on CASA of New Jersey’s
Each DYFS office has a manager who is website at www.casaofnj.org.
responsible for the overall operations of the office.
They also have the authority to give approval for Foster and Adoptive Family Services (FAFS) is
special requests. Contact information of the DYFS an organization that answers questions, offers
38 39
support and training, and refers foster and RESOURCES
adoptive parents to appropriate agencies. FAFS Law Guardian Program Offices:
offers vocational and higher educational Atlantic/Cape May Counties
opportunities to foster and adoptive children and Phone: 609‐441‐3773
sponsors events for foster and adoptive families.
Bergen/Hudson Counties
Ph: 1‐800‐222‐0047; www.fafsonline.org
Phone: 201‐996‐8065
ACNJ’s website, www.kidlaw.org has numerous Essex County
publications that provide information regarding Phone: 973‐648‐4572
the legal rights of New Jersey’s children, and
Burlington County
contact information for CASA programs, CPR
Phone: 609‐518‐3068
Boards and Law Guardian Program offices.
Camden/Gloucester/Salem Counties
For more information on the DYFS Adoption Phone: 856‐346‐8008
Registry contact:
Cumberland County
New Jersey Department of Human Services
Phone: 856‐459‐7350
DYFS, Adoption Registry Coordinator
P.O. Box 717, Trenton, NJ 08625‐0717 Hunterdon/Mercer Counties
PH: 609‐888‐7474; FAX 609‐984‐5449 Phone: 609‐530‐3623
[email protected]
Middlesex/Somerset/Union Counties
http://www.nj.gov/njfosteradopt/adoption/regist
Middlesex Office: 732‐246‐5912
ry/
Somerset Office: 908‐575‐3200
Union Office: 908‐820‐8971
Monmouth/Ocean Counties
Phone: 732‐869‐2268
40 41
Morris/Passaic/Sussex/Warren Counties Guide for Advocates, are helpful publications on
Morris Office: 973‐451‐5630 ELC’s website.
Paterson Office: 973‐977‐4185
Legal Services of New Jersey (LSNJ)
Newton Office: 973‐383‐5002 Statewide Legal Hotline
1‐888‐LSNJ‐LAW (1‐888‐576‐5529)
www.lsnj.org
Help for Children with Education
LSNJ has staff attorneys at some of the local legal
Problems services offices who handle education related matters.
Advocates for Children of New Jersey (ACNJ) Callers must meet income eligibility requirements to
35 Halsey Street obtain assistance. Interpreters are available to handle
Newark, NJ 07102 multiple languages.
973‐643‐3876
www.kidlaw.org Disability Rights NJ
ACNJ handles case advocacy calls related to special 210 South Broad Street, 3rd Floor
education, residency and discipline, will attend school Trenton, New Jersey 08608
meetings and mediation with parent or caregiver. 609‐292‐9742 or 800‐922‐7233 (in NJ ONLY) 609‐633‐
Spanish‐speaking attorney on staff. 7106 TTY
www.drnj.org
Education Law Center (ELC) NJP&A is New Jersey’s designated protection and
60 Park Place, Suite 300 advocacy system for people with disabilities. NJP&A
Newark, NJ 07102 provides representation and publications.
973‐624‐1815; 973‐624‐4618 TTY
www.edlawcenter.org Statewide Parent Advocacy Network (SPAN)
ELC’s Student Rights Project provides free legal 35 Halsey Street
representation in cases involving special education, Newark, NJ 07102
school discipline and residency. The Right to Special 973‐642‐8100 or 1‐800‐654‐SPAN
Education in New Jersey: A Guide for Advocates; www.spannj.org
and Student Discipline Rights and Procedures: A SPAN provides support, information, training, and
advocacy regarding the healthy development and
42 43
educational rights of children to families, Advocates for Children of New Jersey is a non‐
professionals, and advocates. profit, non‐partisan organization. ACNJ is the
trusted, independent voice putting children’s
Special Education Clinic needs first for more than 30 years. We educate the
Rutgers School of Law – Newark
public and policymakers and equip caregivers
123 Washington Street
with the information they need to be their child’s
Newark, NJ 07102
973‐353‐5576
strongest ally.
Law students supervised by attorneys provide
information, assistance, and legal representation in Our work results in better laws and policies, more
early intervention and special education matters. effective funding and stronger services for
children and families. This means more children
are given the chance to grow up safe, healthy and
educated.
To maintain our independence, we accept no
government funding for our advocacy work and
rely on donations from individuals and
foundations to sustain our work on behalf of New
Jersey children. If you found this guide helpful,
please consider a tax‐deductible donation.
Donations can be made online at www.acnj.org
or by mailing a check to:
Advocates for Children of New Jersey
35 Halsey Street
Newark, NJ 07102 us on
:www.facebook.com/acnjforki
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