Current through Register Vol. 56, No. 18, September 16, 2024
(a) In keeping with the supervision requirements
specified at
N.J.A.C.
3A:50-3.6(d)14, the agency shall:
1. Visit the home within 14 calendar days of the
adoptive placement after the first day of placement, and document in the child's
record that:
i. The child's background information
was reviewed with the adoptive parent(s);
ii. The adoptive parent(s) and child were given
reassurance that their feelings, worries and joys are natural and
understandable;
iii. School age children
are in compliance with the compulsory education requirements at
N.J.S.A. 18A:7B-1 et seq.;
and
iv. Working parent(s) have made
child care arrangements.
(b) For interstate adoptions when there is a delay
in the adoptive family returning home with the child, the agency shall:
1. Maintain verbal contact with the family upon
placement and visit the home within 14 calendar days of the family's return;
and
2. Document in the child's record
all required information as specified at (a)1i through iv above.
(c) For children under five years of
age, the agency shall:
1. Conduct bi-monthly home
visits after the first visit for at least six months, except when the adoption is
delayed past the six month supervisory period because the court has a backlog of
cases. In these instances, the agency may conduct office visits on a quarterly basis
instead of home visits until the adoption has been finalized.
2. Document in the child's record that all members
of the adoptive family's household were interviewed during the placement supervision
period; and
3. Document in the child's
record that the following issues were discussed:
i. How the presence of the child changed the
lifestyle and marital, civil union, domestic partnership and/or sibling
relationships and how the child and extended family view each other;
ii. What role each family member has assumed
regarding child care and discipline; and
iii. How parents cope with demands of a crying
infant and/or a child who "tests" the placement and how the family reacts to these
episodes including any feelings of insecurity about doing the "right"
thing.
(d) For
children age five or older, the agency shall:
1.
Conduct monthly home visits during the minimum supervisory six-month period, and
then bi-monthly home or office visits until the adoption is finalized, if the court
has a backlog of cases;
2. Document in
the child's record that the child was interviewed privately about his feelings about
the adoption at each supervisory visit; and
3. Document in the child's record that the
following issues were discussed:
i. How the
presence of the child changed the lifestyle and marital, civil union, domestic
partner and/or sibling relationships and how the child and extended family view each
other;
ii. What role each family member
has assumed regarding child care and discipline;
iii. How the child "tests" the placement and how
the family reacts to these episodes, including any feelings of insecurity about
doing the "right" thing;
iv. How the
family perceives the child's sense of identity and the need to fill in gaps in the
child's history;
v. How the child has
adjusted to the school environment; and
vi. Document in the child's record that all
members of the adoptive family's household were interviewed during the placement
supervision period.
(e) The agency shall ensure that consents are not
signed before the completion of the six month supervision period and all required
supervision visits have occurred, as specified in (c)1 and (d)1 above. For adoptions
finalizing in another state or country with a shorter supervision period or
requiring fewer post-placement visits than New Jersey, the agency shall make and
document all efforts and attempts to secure the adoptive family's agreement to
comply with the New Jersey post-placement schedule.
(f) If a child under two years of age is in an
adoptive home for more than one year without the adoption being finalized, the
agency shall document to the Office of Licensing in writing the reason(s) that the
adoption has not been finalized. Such information shall be provided no later than 30
calendar days after the one-year adoptive placement supervision period has
ended.
(g) If a child over two years of
age is in an adoptive home for more than two years without the adoption being
finalized, the agency shall document to the Office of Licensing in writing the
reason(s) that the adoption has not been finalized. Such information shall be
provided no later than 30 calendar days after the two-year adoptive placement
supervision period has ended.
(h) The
agency shall remove the child only if his or her security and well-being are
impaired or his or her needs are no longer served by the adoptive
placement.
(i) The adoptive parents may
request the removal of the child if they decide that they no longer want to adopt
the child.
(j) The Division may remove a
child where there is reason to believe that the child has been abused or neglected
and that the continued placement with the adoptive family poses a serious or
irremediable risk to the child pursuant to
N.J.S.A.
9:6-8.9, 8.10, 8.13 and 8.14.
(k) When a child is removed from an adoptive
placement, the agency shall:
1. Place the child in
another adoptive home or make other suitable living arrangements for the
child;
2. Document how the child was
assisted with separation;
3. Offer
counseling consisting of at least two in-person contacts with the former adoptive
parents; and
4. Offer supervision and/or
consultation to the social worker responsible for the child removed from the
adoptive home.
(l) The agency
shall cooperate with the adoptive parents and/or the attorney, if any, retained by
the adoptive parents to finalize the adoption.
1.
The agency shall provide all information and documents needed to finalize the
adoption pursuant to
N.J.S.A.
9:3-37 et seq. and shall file a written report to
the court at least five calendar days before the hearing. This information shall
include:
i. The name and age of each adoptive
parent and the relationship, if any, of each adoptive parent to the child to be
adopted;
ii. The name, age and
birthplace of the child to be adopted, and whether any or all of this information is
unknown to the adoptive parents;
iii.
The certified agency or other source from which the adoptive parents received the
child to be adopted;
iv. The
circumstances surrounding the surrender of the child to the agency;
v. The results of the agency's evaluation of the
child and of the adoptive parent(s), including a description of the care being
received by the child and the adjustment of the child and parent(s) as members of a
family, and a summary statement of the agency's recommendation to the court
regarding finalization;
vi. A full
description of all property belonging to the child to be adopted;
vii. The name by which the child to be adopted
will be known; and
viii. An itemized
statement of all fees and costs paid by the adoptive applicants in connection with
the adoption. Such costs shall include expenses related to any of the following:
(1) Payment, provision or reimbursement to a
parent for medical expenses, reasonable living expenses, shelter, and religious,
psychological, vocational, or similar counseling services;
(2) Application and home study costs;
(3) Pre-adoptive care of the child, whether in
foster, group, residential or institutional care;
(4) Costs related to the child's placement,
including transportation and escort costs;
(5) Costs related to post-placement supervision;
and
(6) Finalization costs and other
associated legal expenses.
2. If the agency's report to the court contains
any material findings or recommendations adverse to the adoptive parent(s), the
agency shall serve a copy of the report to the adoptive parent(s) at least five
working days before the hearing.
3. The
agency shall solicit and consider the child's wishes concerning adoption.
4. The agency shall ensure that any child who is
age 10 or older is present at the finalization hearing unless the child's presence
is waived by the court.
