Adoptions in New Jersey

In New Jersey, adoptions are governed by a state statute. The New Jersey Adoption Act, N.J.S.A. 9:3-37, is the evolution of years of legal modifications to the laws regarding adoptions. The law attempts to satisfy both the best interests of the child with the rights and obligations of the adoptive parents and the biological parents. In the Garden State, there are multiple methods that people can employ to adopt a child. For example, there are private adoptions where prospective adoptive parents seek out the assistance of a state-approved agency. There are also step-parent adoptions and same sex couple adoptions - just to name the most popular. Despite which method of adoption a person or couple chooses, the New Jersey Adoption Act governs and guides all the adoptions in the state of New Jersey. A state-approved agency in New Jersey, is a government agency such as the Division of Child Protection and Permanency (DCP&P) or a non-profit agency that is approved through the Commission of Human Services to conduct adoptions. The New Jersey Adoption Act prevent state-approved adoption agencies from discriminating in the selection of adoptive parents for any child on the basis of age, sex, race, natural origin, religion or marital status. If an agency places a child in the home of prospective adoptive parents, these parents can file a Complaint for the adoption of the child after the child has resided in their home for a period of six months. In non-agency methods of adoption, prospective parents may also file a Complaint for adoption, but in this case, the court will give the prospective parents temporary custody of the child and will appoint an approved agency to oversee the process. The agency will then make sure that the biological parents' have surrendered their rights to the child and conduct other investigations to ensure that the tenets of the New Jersey Adoption Act are being properly followed by all parties to the adoption. A step-parent may also move to adopt a child who has acted like the step-parent's child for a long time. If the step-parent has fulfilled the responsibilities and obligations of an absent biological parent, the process may be even easier to effectuate. In these situations, a court may bypass the agency investigation and report requirements and gather evidence at a hearing to determine the facts of the situation. If and when any adoption is finalized, the process will bestow upon the adoptive parents all the rights and responsibilities of the biological parents and, in the legal sense, it is as if the adopted child was born to the adoptive parents. If you are considering any of the aforementioned methods of adoption in New Jersey it is advised that you consult with an attorney with experience in this area of the law. For more information about adoption, child support, divorce, alimony or other family Law matters in New Jersey visit NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

DYFS Title 30 Cases Apply If No Abuse and Neglect

Recently, the New Jersey Supreme Court in DYFS v .I.S., A-81-11, reset the standards for invoking New Jersey's child abuse statute, Title 9, for cases of child custody cases absent a finding of abuse and neglect against a parent. The Court held that the lower courts must apply Title 30 to cases that do not involve abuse and neglect. Cases brought under Title 30 must adhere to difference procedures and standards to determine what course of actions should be taken to ensure the safety of a child in an at risk situation. The New Jersey Supreme Court found that if a lower court determines that there is no finding of abuse or neglect against a parent, a trial judge should proceed under Title 30 to determine if the parent has been "unfit to be entrusted" with the care of his or her child. Under such a determination, DYFS (now formally called the Division of Child Protection and Permanency or the DCP&P) would be allowed to engage the family and offer services, resources, and other assistance to help the unfit parent to rectify the harms that he or she has been exposing the child to. If, over time, the parent does not comply with the services and resources that DYFS provides, the child may be taken away from the parent and placed in DYFS's care. Essentially, by proceeding under Title 30, the court has a much broader scope from which it can intervene in a family situation to protect the interests of a child. Prior to the ruling in I.S., if a court could not find that a parent abused or neglected the child under Title 9, the action would have been dismissed. Under Title 30, the court orders must be reviewed every 6 months, and parents who have lost custody of their children are permitted to prove that they have taken steps to remove the harm that their child was placed in and therefore custody of their child should be returned to them. In order for parents to regain custody of a child that DYFS has removed from their care, they must comply with the services, evaluations, and programs that DYFS will offer to them as a means to demonstrate that they are fit to be a parent. If you are involved in DYFS case it is critical that you have experienced legal counsel at your side to guide you through the legal process. For more information about DYFS, custody & visitation, or other family law matters in New Jersey visit NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Kinship Legal Guardianship Information to Caretakers Required in DCCP (DYFS) Matters

A Division of Youth and Family Services ("DYFS"), now known as the Division of Child Protection and Permanency (DCCP), Social Worker misinformed the caretakers, the child's maternal aunt and uncle, that Kinship Legal Guardianship was only available if the child was 12 years old and older. The Appellate Court held, in New Jersey Division Of Youth And Family Services v. H.R. and N.B., that the caseworker's legal misinformation had to be corrected and the caretaker given sufficient opportunity to consider if she wanted to pursue kinship legal guardianship or adoption after being provided with the truthful information. The matter involved a child under the age of the 12 who had lived with the aunt and uncle since May 2010 due to the birth mother and father's drug addictions. The maternal aunt stated on the record that she would allow the child's father to visit with the child if he demonstrated he was not using drugs and maintained his sobriety. She thought termination of the parent's rights was a drastic step but she also believed the child needed a stable home so she was willing to abide by "DYFS" plan for termination and adoption. The New Jersey law for termination of parental rights (N.J.S.A. 30:4C-15.1(a)) requires a showing that the court has considered alternatives to termination of parental rights. One alternative to termination of parental rights is kinship legal guardianship. The Appellate Court held that, while the other three sub-parts of the law were proven by "DYFS", such that (1)the child's safety, health or development has been or will continue to be endangered if the parental relationship continues; (2) the parent is unwilling or unable to eliminate the harm facing the child or is unable or unwilling to provide for a safe and stable home for the child; and (3) termination will not do more harm than good, all of the criteria has to be proven by clear and convincing evidence to demonstrate that it is in the child's best interests. Therefore, the Appellate division reversed and remanded the matter back to the trial court to establish on the record evidence that the caretakers received the correct information about the differences between adoption and kinship legal guardianship and which option they chose considering the best interests of the child. If you are a parent and DCCP has contacted you or if you have been contacted by DCCP to act as a caretaker for a child you should consult with an experienced family law attorney to protect your rights. For more information about DCCP matters, termination of parental rights, custody issues, child support, divorce, dissolution or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.