New Jersey-2022-A1330-Introduced

An Act concerning visitation with infants or toddlers under the care of Division of Child Protection and Permanency and amending P.L.1974, c.119 and P.L.1977, c.424.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 34 of P.L.1974, c.119 (C.9:6-8.54) is amended to read as follows:

34. a. For the purpose of section 31 of P.L.1974, c.119 (C.9:6-8.51), the court may place the child in the custody of a relative or other suitable person or the division for the placement of a child after a finding that the division has made reasonable efforts to prevent placement or that reasonable efforts to prevent placement were not required in accordance with section 24 of P.L.1999, c.53 (C.30:4C-11.2).

b. (1) Placements under this section may be for an initial period of 12 months and the court, in its discretion, may at the expiration of that period, upon a hearing make successive extensions for additional periods of up to one year each. The court on its own motion may, at the conclusion of any period of placement, hold a hearing concerning the need for continuing the placement.

The court shall order the division to allow a parent or legal guardian of an infant or toddler placed pursuant to the provisions of this section to visit with the infant or toddler three times per week, at a minimum, provided the life or health of the child would not be endangered by the visits.

(2) The court shall conduct a permanency hearing for the child no later than 30 days after placement in cases in which the court has determined that reasonable efforts to reunify the child with the parent or guardian are not required pursuant to section 25 of P.L.1999, c.53 (C.30:4C-11.3), or no later than 12 months after placement in cases in which the court has determined that efforts to reunify the child with the parent or guardian are required. The hearing shall include, but not necessarily be limited to, consideration and evaluation of information provided by the division and other interested parties regarding such matters as those listed in subsection c. of section 50 of P.L.1999, c.53 (C.30:4C-61.2).

(3) The court shall review the permanency plan for the child periodically, as deemed appropriate by the court, to ensure that the permanency plan is achieved. The permanency plan shall include a requirement that

c. No placement may be made or continued under this section beyond the child's eighteenth birthday without his consent.

d. If the parent or person legally responsible for the care of any such child or with whom such child resides receives public assistance and care, any portion of which is attributable to such child, a copy of the order of the court providing for the placement of such child from his home shall be furnished to the appropriate county welfare board, which shall reduce the public assistance and care furnished to such parent or other person by the amount attributable to such child.

(cf: P.L.1999, c.213, s.2)

2. Section 6 of P.L.1977, c.424 (C.30:4C-55) is amended to read as follows:

6. The division shall prepare and revise, when necessary, in consultation with the child's parents or legal guardian and, when appropriate, the child, a placement plan for each child placed outside his home. The placement plan shall include:

a. A statement of the goal for the permanent placement or return home of the child and anticipated date that the goal will be achieved;

b. The intermediate objectives relating to the attainment of the goal;

c. A statement of the duties and responsibilities of the division, the parents or legal guardian and the temporary caretaker, including the services to be provided by the division to the child and to the temporary caretaker;

d. A statement of the services to be provided to the parent or legal guardian or an exception to the requirement to provide reasonable efforts toward family reunification in accordance with section 25 of P.L.1999, c.53 (C.30:4C-11.3). Services to facilitate adoption or an alternative permanent placement may be provided concurrently with services to reunify the child with the parent or guardian:

e. In the case of the parent or legal guardian of an infant or toddler placed outside his home, a statement of the services to be provided to the parent or legal guardian to facilitate visitation with the infant or toddler three times per week, at a minimum, provided the life or health of the child would not be endangered by the visits; and

[e.] f. A permanency plan for the child and the division's reasonable efforts to achieve that plan, if: the division has established an exception to the requirement to provide reasonable efforts toward family reunification in accordance with section 25 of P.L.1999, c.53 (C.30:4C-11.3); or the child has been in placement for 12 months.

The permanency plan shall include whether and, if applicable, when:

(a) the child shall be returned to the parent or guardian, if the child can be returned home without endangering the child's health or safety;

(b) the division has determined that family reunification is not possible, and the division shall file a petition for the termination of parental rights for the purpose of adoption; or

(c) the division has determined that termination of parental rights is not appropriate in accordance with section 31 of P.L.1999, c.53 (C.30:4C-15.3) and the child shall be placed in an alternative permanent placement.

(cf: P.L.1999, c.53, s.44)

3. This act shall take effect on the first day of the third month next following enactment, except that the Commissioner of Children and Families may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill mandates that when placing an infant or toddler in the custody of a relative, other suitable person, or the Division of Child Protection and Permanency (DCPP) in the Department of Children and Families for placement, the court shall order DCPP to allow a parent or legal guardian to visit with the infant or toddler three times per week, at a minimum, provided that the life or health of the child would not be endangered by the visits.

The bill also stipulates that when DCPP prepares or revises a placement plan for an infant or toddler that has been placed outside his home, the plan include a statement of services to be provided to facilitate the parent or legal guardian's visitation with the infant or toddler three times per week, at a minimum, provided the life or health of the child would not be endangered by the visits.

An important factor in a child returning safely home after being placed in foster care is consistent, healthy visitation with parents and siblings. New Jersey has performed poorly in facilitating family visitation. The latest federal monitor's report on the State's child welfare reform efforts, however, has shown improvement in this area. In July 2014, 56% of children in foster care participated in weekly visitation with their parents, compared to 35% in December 2011.

While these figures are encouraging, the settlement sets the same frequency standards for infant and toddler visitation (weekly visits) as for older children. Research shows that younger children need more frequent visitation to form bonds with their parents and facilitate a safe return home when family reunification is the goal.

This bill, therefore, codifies recommendations outlined in Advocates for Children of New Jersey's policy brief, The Littlest Victims: Protecting Babies from Abuse and Neglect. The policy brief called for increasing the frequency of visitation between infants and toddlers and their parents from the current weekly requirement to three times per week.