Bill Text: NJ S1374 | 2010-2011 | Regular Session | Introduced
Bill Title: Eliminates DCF from licensure as approved adoption agency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-11 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S1374 Detail]
Download: New_Jersey-2010-S1374-Introduced.html
Sponsored by:
Senator LORETTA WEINBERG
District 37 (Bergen)
SYNOPSIS
Eliminates DCF from licensure as approved adoption agency.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning adoption agencies and amending P.L.1955, c.232, P.L.1977, c.367, P.L.1993, c.345, P.L.1979, c.292 and P.L.1951, c.138.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of 1955, c.232 (C.9:2-13) is amended to read as follows:
1. For the purposes of this act, the following words and phrases, unless otherwise indicated, shall be deemed to have the following meanings:
(a) The phrase "approved agency" means a legally constituted agency having its principal office within or without this State, which has been approved, pursuant to law, to place children in New Jersey for purposes of adoption. Approved agency shall not include the department.
(b) The word "child" means any person under 18 years of age.
(c) The word "custody" means continuing control and authority over the person of a child, established by natural parenthood, by order or judgment of a court of competent jurisdiction, or by written surrender to [and] an approved agency or the department pursuant to law.
(d) The phrase "forsaken parental obligations" means willful and continuous neglect or failure to perform the natural and regular obligations of care and support of a child.
(e) The phrase "mentally incompetent" means inability to understand and discharge the natural and regular obligations of care and support of a child by reason of mental disease, feebleness of mind, or habitual intemperance.
(f) The word "parent," when not otherwise described by the context, means a natural parent or parent by previous adoption.
(g) The word "may" shall be construed to be permissive and the word "shall" shall be construed to be mandatory.
(h) "Department" means the Department of Children and Families.
(cf: P.L.1990, c.26, s.3)
2. Section 2 of P.L.1955, c.232 (C.9:2-14) is amended to read as follows:
2. Except as otherwise provided by law or by order or judgment of a court of competent jurisdiction or by testamentary disposition, no surrender of the custody of a child shall be valid in this State unless made to an approved agency or the department pursuant to the provisions of this act or pursuant to the provisions of a substantially similar law of another State or territory of the United States or of the Dominion of Canada or of one of its provinces.
(cf: P.L.1955, c. 232, s. 2)
3. Section 4 of P.L.1955, c.232 (C.9:2-16) is amended to read as follows:
4. An approved agency or the department may take a voluntary surrender of custody of a child from the parent of such child, or from such other person or persons who, by order of a court of competent jurisdiction, have been substituted for the parent as to custody of such child. Each such surrender, when properly acknowledged in the manner and form provided by [sections 46:14-6 and 46:14-7 of the Revised Statutes] section 1 of P.L.1991, c.308 (R.S.46:14-6.1), shall be valid whether or not the person giving the same is a minor, and shall be irrevocable except at the discretion of the approved agency or the department taking such surrender or upon order or judgment of a court of competent jurisdiction, setting aside such surrender upon proof of fraud, duress or misrepresentation.
(cf: P.L.1955, c. 232, s. 4)
4. Section 5 of P.L.1955, c.232 (C.9:2-17) is amended to read as follows:
5. The form of any such surrender shall be such as to declare that the person executing the same desires to relinquish the custody of the child, acknowledge the termination of parental rights as to such custody in favor of the approved agency or the department, and acknowledge full understanding of the effect of such surrender as provided by this act. Any such surrender may include a statement that its purpose is to permit the approved agency or the department, as applicable, to place the child for adoption by such person or persons as the approved agency or the department may select.
(cf: P.L.1955, c. 232, s. 5)
5. Section 6 of P.L.1955, c.232 (C.9:2-18) is amended to read as follows:
6. An approved agency or the department which is providing supervision of a child may institute an action in the Superior Court, seeking the termination of the rights of the parents of such child and the transfer of custody of such child to the agency or the department, as applicable. A prior surrender of custody as provided by Article II of this act shall not be deemed a waiver of notice or service of process in proceedings under Article III hereof. At least five days prior to the hearing, the plaintiff shall file with the court a written report as to all circumstances of the case.
(cf: P.L.1991, c.91, s.192)
6. Section 2 of P.L.1977, c.367 (C.9:3-38) is amended to read as follows:
2. For the purposes of this act:
a. "Approved agency" means a nonprofit corporation, association or agency, including any public agency, approved by the Department of Children and Families for the purpose of placing children for adoption in New Jersey. Approved agency shall not include the department;
b. "Child" means a person under 18 years of age;
c. "Custody" means the general right to exercise continuing control over the person of a child derived from court order or otherwise;
d. "Guardianship" means the right to exercise continuing control over the person or property or both of a child which includes any specific right of control over an aspect of the child's upbringing derived from court order;
e. "Guardian ad litem" means a qualified person, not necessarily an attorney, appointed by the court under the provisions of this act or at the discretion of the court to represent the interests of the child whether or not the child is a named party in the action;
f. "Parent" means a birth parent or parents, including the birth father of a child born out of wedlock who has acknowledged the child or to whom the court has ordered notice to be given, or a parent or parents by adoption;
g. "Placement for adoption" means the transfer of custody of a child to a person for the purpose of adoption by that person;
h. "Plaintiff" means a prospective parent or parents who have filed a complaint for adoption;
i. "Legal services" means the provision of counseling or advice related to the law and procedure for adoption of a child, preparation of legal documents, or representation of any person before a court or administrative agency;
j. "Surrender" means a voluntary relinquishment of all parental rights by a birth parent, previous adoptive parent, or other person or agency authorized to exercise these rights by law, court order or otherwise, for purposes of allowing a child to be adopted;
k. "Home study" means an approved agency's formal assessment of the capacity and readiness of prospective adoptive parents to adopt a child, including the agency's written report and recommendations conducted in accordance with rules and regulations promulgated by the [Director of the Division of Youth and Family Services] Commissioner of Children and Families. "Home Study" also means the formal assessment of the department of the capacity and readiness of prospective adoptive parents to adopt a child; [and]
l. "Intermediary" means any person, firm, partnership, corporation, association or agency, which is not the department or an approved agency as defined in this section, who acts for or between any parent and any prospective parent or acts on behalf of either in connection with the placement of the parent's child for adoption in the State or in any other state or country. An intermediary in any other state or country shall not receive money or other valuable consideration in connection with the placement of a child for adoption in this State. An intermediary in this State shall not receive money or other valuable consideration in connection with the placement of a child for adoption in this State or in any other state or country. The provisions of this subsection shall not be construed to prohibit the receipt of money or other valuable consideration specifically authorized in section 18 of P.L.1993, c.345 (C.9:3-39.1); and
m. "Department" means the Department of Children and Families.
(cf: P.L.2006, c.47, s.33)
7. Section 18 of P.L.1993, c.345 (C.9:3-39.1) is amended to read as follows:
18. a. A person, firm, partnership, corporation, association or agency shall not place, offer to place or materially assist in the placement of any child for adoption in New Jersey unless:
(1) the person is the parent or guardian of the child, or
(2) the firm, partnership, corporation, association or agency is the department or an approved agency to act as agent, finder or to otherwise materially assist in the placement of any child for adoption in this State, or
(3) the placement for adoption is with a brother, sister, aunt, uncle, grandparent, birth father or stepparent of the child, or
(4) the placement is through an intermediary and
(a) [the] The person with whom the child is to be placed has been approved for placement for adoption by the department's home study, or an approved agency home study which consists of the agency's formal written assessment of the capacity and readiness of the prospective adoptive parents to adopt a child, conducted in accordance with rules and regulations promulgated by the [Director of the Division of Youth and Family Services] Commissioner of Children and Families;
(b) The birth parent, except one who cannot be identified or located prior to the placement of the child for adoption, shall be offered counseling as to his or her options other than placement of the child for adoption. Such counseling shall be made available by or through the department or an approved licensed agency in New Jersey or in the birth parent's state or country of residence. The fact that counseling has been made available by the department or the agency, and the name, address and telephone number of the agency, if applicable, through which the counseling is available, shall be confirmed in a written document signed by the birth parent and acknowledged in this State pursuant to section 1 of P.L.1991, c.308 (R.S.46:14-2.1) or acknowledged in another state or country pursuant to section 1 of P.L.1991, c.308 (R.S.46:14-6.1) a copy of which shall be provided to the birth parent and the agency or the department conducting the adoption complaint investigation pursuant to section 12 of P.L.1977, c.367 (C.9:3-48) and shall be filed with the court prior to termination of parental rights; and
(c) Written notice shall be given to the birth parent, except one who cannot be identified or located prior to the placement of the child for adoption, and the adoptive parent that the decision not to place the child for adoption or the return of the child to the birth parent cannot be conditioned upon reimbursement of expenses by the birth parent to the adoptive parent, and that payments by the adoptive parent are non-refundable. Provision of such notice shall be confirmed in a written document signed by the birth parent and adoptive parent in separate documents which shall be acknowledged in this State pursuant to section 1 of P.L.1991, c.308 (R.S.46:14-2.1) or acknowledged in another state or country pursuant to section 1 of P.L.1991, c.308 (R.S.46:14-6.1), a copy of which shall be provided to the birth parent, and the agency or the department conducting the adoption complaint investigation pursuant to section 12 of P.L.1977, c.367 (C.9:3-48), and shall be filed with the court prior to termination of parental rights.
b. The Superior Court in an action by the Commissioner of Children and Families may enjoin any party found by the court to have violated this section from any further violation of this section.
c. A person, firm, partnership, corporation, association, or agency violating subsection a. of this section shall be guilty of a crime of the third degree.
d. A person, firm, partnership, corporation, association, intermediary or agency other than an approved agency or the department which pays, seeks to pay, receives, or seeks to receive money or other valuable consideration in connection with the placement of a child for adoption shall be guilty of a crime of the second degree.
e. It shall not be a violation of subsection d. of this section: (1) to pay, provide or reimburse to a parent of the child, or for a parent of the child to receive payment, provision or reimbursement for medical, hospital, counseling or other similar expenses incurred in connection with the birth or any illness of the child, or the reasonable living expenses of the mother of the child during her pregnancy including payments for reasonable food, clothing, medical expenses, shelter, and religious, psychological, vocational, or similar counseling services during the period of the pregnancy and for a period not to exceed four weeks after the termination of the pregnancy by birth or otherwise. These payments may be made directly to the birth mother or on the mother's behalf to the supplier of the goods or services, or
(2) where the child is from a foreign country, reasonable and customary fees and expenses of a foreign agency or attorney for the care or representation of the child during any period of foster or institutional care in the child's country of origin, or
(3) reasonable attorney fees and costs for legal services.
(cf: P.L.2006, c.47, s.34)
8. Section 5 of P.L.1977, c.367 (C.9:3-41) is amended to read as follows:
5. a. Surrender of a child to an approved agency or the department for the purpose of adoption, other than a surrender taken in accordance with P.L.1955, c.232 (C.9:2-13 et seq.), shall be by a signed instrument acknowledged by the person executing the instrument before an officer authorized to take acknowledgments or proofs in the State in which the instrument is executed. Prior to the execution of the surrender, the approved agency or the department, as applicable, shall, directly or through its agent, inform the person executing the surrender that the instrument is a surrender of parental rights by the signatory and means the permanent end of the relationship and all contact between the parent and child. The approved agency or the department, as applicable, shall advise the parent that the surrender shall constitute relinquishment of the person's parental rights in or guardianship or custody of the child named therein and consent by the person to adoption of the child. The approved agency or the department, as applicable, shall offer counseling to the parent, prior to the execution of the surrender. The surrender shall be valid and binding without regard to the age of the person executing the surrender and shall be irrevocable except at the discretion of the approved agency or the department taking such surrender or upon order or judgment of a court of competent jurisdiction setting aside such surrender upon proof of fraud, duress or misrepresentation by the approved agency or the department, as applicable. The surrender taken pursuant to this section shall be valid whether acknowledged in this State pursuant to section 1 of P.L.1991, c.308 (R.S.46:14-2.1) or acknowledged in another state or country pursuant to section 1 of P.L.1991, c.308 (R.S.46:14-6.1).
b. Any approved agency or the department may accept custody of a child by a duly executed instrument of surrender from a parent or guardian of the child or from another approved agency or any agency for the care and protection of children approved by any other state, by the United States or by any foreign country, which has duly obtained the authority to place the child for adoption.
c. A surrender executed in another state or foreign country by a domiciliary of that state or country and valid where executed shall be deemed a valid surrender in this State if taken more than 72 hours after the birth of the child.
d. At the request of a parent of the child, the department or an approved agency authorized to receive surrenders, may receive that parent's surrender of his child for purposes of having the child adopted by a person specified by the surrendering parent. The agency shall follow all regulations regarding the securing of a surrender and shall cooperate with the prospective parents in the processing of the proposed adoption. An adoption based on a surrender under this subsection shall be deemed one in which the child was received from an approved agency or the department for purposes of section 11 of P.L.1977, c.367 (C.9:3-47).
e. A surrender of a child shall not be valid if taken prior to the birth of the child who is the subject of the surrender. A surrender by the birth parent of a child shall not be valid if taken within 72 hours of the birth of the child. The denial of paternity by an alleged father, at any time including prior to the birth of the child, shall be deemed a surrender for purposes of allowing the child to be adopted.
(cf: P.L.1993, c.345, s.3)
9. Section 1 of P.L.1979, c.292 (C.9:3-41.1) is amended to read as follows:
1. a. An approved agency or the Department of Children and Families making an investigation of the facts and circumstances surrounding the surrender of a child shall provide a prospective parent with all available information, other than information which would identify or permit the identification of the birth parent of the child, relevant to the child's development, including his developmental and medical history, personality and temperament, the parent's complete medical histories, including conditions or diseases which are believed to be hereditary, any drugs or medications taken during pregnancy and any other conditions of the parent's health which may be a factor influencing the child's present or future health. This information shall be made available to the prospective parent prior to the actual adoptive placement to the extent available and supplemented upon the completion of an investigation conducted by an approved agency or the department pursuant to section 12 of P.L.1977, c.367 (C.9:3-48).
b. The available information required of an approved agency or the department by subsection a. of this section shall be presented to the adoptive parents on standardized forms prepared by the Commissioner of Children and Families.
(cf: P.L.2006, c.47, s.37)
10. Section 6 of P.L.1977, c.367 (C.9:3-42) is amended to read as follows:
6. An action for adoption shall be instituted in the Superior Court, Chancery Division, Family Part of the county in which the prospective parent resides, or in the county where the child resided immediately prior to placement for adoption, or if the child is less than three months of age, the county in which the child was born; except that whenever the child to be adopted has been received into the home of a prospective parent from an approved agency or the department, the action may be instituted in the Superior Court, Chancery Division, Family Part of any county in which the approved agency or department has an office.
(cf: P.L.1993, c.345, s.5)
11. Section 8 of P.L.1977, c.367 (C.9:3-44) is amended to read as follows:
8. Whenever a person receives a child into his home for the purpose of adoption other than from an approved agency or the department, a complaint for adoption shall be filed within 45 days after receipt of the child. If the person receiving the child has been approved previously for placement for adoption in accordance with the provisions of section 18 of P.L.1993, c.345 (C.9:3-39.1), the person shall, immediately upon receiving the child, notify the approved agency or the department which granted such approval of the receipt of the child, and that agency or the department, as applicable, shall undertake immediate supervision of the child. The approved agency's supervision shall be in accordance with rules and regulations promulgated by the [Director of the Division of Youth and Family Services] Commissioner of Children and Families. The cost of such supervision shall be paid by the person receiving the child. If the agency or the department in the course of supervision shall determine that the child is at risk of harm or that the best interests of the child are not served by the child remaining in the home, the agency or department, as applicable, may apply to a court for removal of the child from the home. Whenever a person receives a child into his home for purposes other than adoption and it is later determined that an adoption shall be sought, a complaint for adoption shall be instituted with reasonable promptness following the determination. Failure to file the complaint in a timely manner shall not be a sole basis for refusal of the adoption but the failure shall require the filing, with the complaint, of an affidavit setting forth the reasons for the delay.
(cf: P.L.1993, c.345, s.7)
12. Section 9 of P.L.1977, c.367 (C.9:3-45) is amended to read as follows:
9. a. In an adoption proceeding pursuant to P.L.1977, c.367 (C.9:3-37 et seq.), notice of the complaint may not be waived and a notice of hearing shall be served in accordance with the Rules of Court on each parent of the child to be adopted. The notice shall inform each parent of the purpose of the action and of the parent's right to file written objections to the adoption within 20 days after notice is given in the case of a resident and 35 days in the case of a nonresident. For purposes of this section, "parent" means (1) the husband of the mother of a child born or conceived during the marriage or (2) a putative or alleged biological mother or father of a child.
b. Notice pursuant to subsection a. of this section shall not be served on a parent:
(1) Who has executed a valid surrender to an approved agency or the department pursuant to section 5 of P.L.1977, c.367 (C.9:3-41), section 23 of P.L.1951, c.138 (C.30:4C-23), or P.L.1955, c.232 (C.9:2-13 et seq.);
(2) Whose parental rights have been terminated in a separate judicial proceeding by court order;
(3) Who has, prior to the placement of the child for adoption, received notice of the intention to place the child, which notice shall inform the parent of the purpose of the placement, that failure to respond to the notice will prevent the person receiving the notice from objecting to any future adoption of the child, and that the parent has a right to file with the surrogate in the county in which venue is anticipated to lie, the address of which surrogate shall be included in the notice, written objections to the proposed placement within 20 days after notice is given, in the case of a resident, and 35 days in the case of a nonresident; and who has either failed to file written objections or denied paternity or maternity of the child. Failure to respond to this notice and object to the placement of the child for adoption shall constitute a waiver of all notice of any subsequent proceedings with regard to the child including proceedings for adoption or termination of parental rights;
(4) Who has given the child for adoption to the adopting parent, and the Superior Court, Chancery Division, Family Part, after a hearing at which the surrendering parent was heard as to the voluntariness of the surrender, has determined that the surrender was voluntary and proper;
(5) Whose child has been made available for adoption in a foreign state or country if the United States [Immigration and Naturalization Service] Citizenship and Immigration Services in the Department of Homeland Security has determined that the child has been approved for adoptive placement. The finding of the United States [Immigration and Naturalization Service] Citizenship and Immigration Services shall be presumed valid and no notice shall be served ; or
(6) Who is presumed to be the biological father of the child who is the subject of the adoption proceeding pursuant to paragraph (2) of subsection a. of section 6 of P.L.1983, c.17 (C.9:17-43) but who, within 120 days of the birth of the child or prior to the date of the preliminary hearing, whichever occurs first, has not acknowledged paternity by amending the original birth certificate record filed with the local registrar's office in the municipality of birth of the child who is the subject of the adoption proceeding in accordance with birth record amendment procedures, or has not filed an action for paternity in court.
c. If personal service of the notice cannot be effected because the whereabouts of a birth parent of the child to be adopted are unknown, the court shall determine that an adequate effort has been made to serve notice upon the parent if the plaintiff immediately prior to or during the placement and not more than nine months prior to the filing of a complaint has:
(1) Sent the notice by regular mail and by certified mail return receipt requested, to the parent's last known address;
(2) Made a discreet inquiry as to the whereabouts of the missing parent among any known relations, friends and current or former employers of the parent;
(3) Unless otherwise restricted by law, made direct inquiries, using the party's name and last known or suspected address, to the local post office, the [Division of Motor Vehicles] New Jersey Motor Vehicle Commission, county welfare agency, the municipal police department, the Division of State Police, the county probation office, the Department of Corrections, and any social service and law enforcement agencies known to have had contact with the party, or the equivalents in other states, territories or countries. Failure to receive a response to the inquiries within 45 days shall be a negative response.
d. In any case where, within 120 days of the birth of the child or prior to the date of the preliminary hearing, whichever occurs first, the identity of a birth parent cannot be determined or where the known parent of a child is unable or refuses to identify the other parent, and the court is unable from other information before the court to identify the other parent, service on that parent shall be waived by the court.
e. In conducting the hearing required by paragraph (4) of subsection b. of this section, the court shall determine that the surrender is voluntary and that the birth parent knows (1) that the hearing is to surrender birth rights; (2) that the hearing is to permanently end the relationship and all contact between parent and child; (3) that such action is a relinquishment and termination of parental rights and consent on the part of the birth parent to the adoption; and (4) that no further notice of the adoption proceedings shall be provided to the birth parent if the surrender is accepted by the court.
(cf: P.L.1998, c.20, s.1)
13. Section 11 of P.L.1977, c.367 (C.9:3-47) is amended to read as follows:
11. a. When the child to be adopted has been received from an approved agency or the department, the prospective parent shall file with the court a complaint for adoption after the child has been in the home of the prospective parent for at least six months. In the discretion of the approved agency or the department, as applicable, a complaint may be filed prior to that time and the court may schedule a hearing to resolve all matters except finalization of the adoption. The adoption shall not be finalized under this section unless the child has been in the home of the adoptive parent for at least six months. The complaint shall be accompanied by a consent to the plaintiff's adoption of the child signed and acknowledged by an authorized officer or representative of the approved agency or the department, as applicable; except that failure or refusal on the part of the approved agency or the department to give consent, or withdrawal of consent on the part of the approved agency or the department, as applicable, shall not preclude an action for adoption.
b. Upon the filing of the complaint, the court shall set a date for the adoption hearing not less than 10 nor more than 30 days from the date of institution of the action unless a longer period shall be required in order to obtain service of notice upon one or more of the people entitled thereto and shall order the department or the approved agency concerned to file at least five days prior to the hearing a written report which shall describe the circumstances surrounding the surrender of the child and shall set forth the results of the agency's or the department's evaluation of the child, the plaintiff and any other person residing in the proposed adoptive home; and the agency's or the department's assessment of the care being received by the child and the adjustment of the child and the plaintiff as members of a family.
Upon the request of a surrogate and not more than 30 days prior to the hearing, the court shall conduct a search of the records of the central registry established pursuant to section 1 of P.L.1999, c.421 (C.2C:25-34) to determine whether a prospective adoptive parent or any member of the parent's household has:
(1) [ad] had a domestic violence restraining order entered against them; or
(2) been charged with a violation of a court order involving domestic violence.
The court shall provide the results of the search to the surrogate for inclusion in the court's adoption file. If the results of the search contain any material findings or recommendations adverse to the plaintiff, the surrogate shall provide the material findings or recommendations to the approved agency or the department, as applicable.
If the agency's or the department's report contains or the results of the court's search of the central registry contain any material findings or recommendations adverse to the plaintiff, the agency or the department, as applicable, shall serve a copy of that part of the agency's or the department's report or the results of the court's search upon the plaintiff at least five days prior to the hearing and the court shall appoint a guardian ad litem for the child in the adoption proceeding if the court determines that a guardian is necessary to represent the best interests of the child. If the approved agency or the department that placed the child with the plaintiff has not consented to the adoption, the court may appoint another approved agency or the department to conduct an investigation and make recommendations in the matter. The appointment shall not deprive the placing agency or the department of standing to appear at the hearing and contest the adoption. Personal appearance at the hearing by a representative of the approved agency or the department conducting the investigation may be dispensed with by the court if the agency's or the department's report favors the adoption. If an appearance is required, the approved agency or the department shall be entitled to present testimony and to cross-examine witnesses and shall be subject to cross-examination with respect to its report and recommendations in the matter. The appearance of the child to be adopted shall not be required unless ordered by the court or unless the inquiry pursuant to section 13 of P.L.1977, c.367 (C.9:3-49) indicates that the child is opposed to the adoption.
c. The adoption hearing shall be held in camera. If a parent of the child has made an objection to the adoption, in accordance with section 10 of P.L.1977, c.367 (C.9:3-46), the court shall take evidence relating to the objection. If the court finds against the objecting parent in accordance with subsection a. of section 10 of P.L.1977, c.367 (C.9:3-46), it shall make an order terminating the parental rights of the parent and proceed with the hearing.
d. If, based upon the approved agency's or the department's report and the evidence presented at the hearing, the court is satisfied that the best interests of the child would be promoted by the adoption, the court shall enter a judgment of adoption. If, based upon the approved agency's or the department's report and the evidence presented at the hearing, the court is not satisfied that the best interests of the child would be promoted by the adoption, the court shall deny the adoption and make such further order concerning the custody and guardianship of the child as may be deemed proper in the circumstances.
(cf: P.L.2003, c.286, s.2)
14. Section 12 of 1977, c.367 (C.9:3-48) is amended to read as follows:
12. a. When the child to be adopted has not been received from an approved agency or the department, the prospective parent shall file with the court a complaint for adoption. Upon receipt of the complaint, the court shall by its order:
(1) Declare the child to be a ward of the court and declare that the plaintiff shall have custody of the child subject to further order of the court;
(2) Appoint an approved agency or, as appropriate, the department to make an investigation and submit a written report to the court which shall include:
(a) the facts and circumstances surrounding the surrender of custody by the child's parents and the placement of the child in the home of the plaintiff, including the identity of any intermediary who participated in the placement of the child;
(b) an evaluation of the child and of the plaintiff and the spouse of the plaintiff if not the child's parent and any other person residing in the prospective home; and
(c) any fees, expenses or costs paid by or on behalf of the adopting parent in connection with the adoption.
The agency or the department conducting the investigation shall, if it is able to, contact the birth parent and confirm that counseling, if required by section 18 of P.L.1993, c.345 (C.9:3-39.1), has either been provided or waived by the birth parent. If not previously provided, the agency or the department, as applicable, shall advise the parent of the availability of such counseling through the agency or the department and the agency or department, as applicable, shall provide such counseling if requested by the birth parent or if the birth parent resides out of State or out of the country, such counseling should be made available by or through the department or an agency approved to provide such counseling in the birth parent's state or country of domicile. The agency or the department, as applicable, shall further confirm that the birth parent has been advised that the decision of the birth parent not to place the child for adoption or the return of the child to the birth parent can not be conditioned upon the repayment of expenses by the birth parent to the adoptive parent.
All expenses and fees for the investigation and any counseling provided shall be the responsibility of the plaintiff;
(3) Direct the plaintiff to cooperate with the approved agency or the department, as applicable, making the investigation and report;
(4) Fix a day for a preliminary hearing not less than two or more than three months from the date of the filing of the complaint; except that the hearing may be accelerated upon the application of the approved agency or the department and upon notice to the plaintiff if the agency or the department, as applicable, determines that removal of the child from the plaintiff's home is required, in which case the court shall appoint a guardian ad litem to represent the child at all future proceedings regarding the adoption.
Whenever the plaintiff is a stepparent of the child, the court, in its discretion, may dispense with the agency or the department investigation and report and take direct evidence at the preliminary hearing of the facts and circumstances surrounding the filing of the complaint for adoption.
Whenever a plaintiff is a brother, sister, grandparent, aunt, uncle, or birth father of the child, the order may limit the investigation to an inquiry concerning the status of the parents of the child and an evaluation of the plaintiff. At least 10 days prior to the day fixed for the preliminary hearing the approved agency or the department, as applicable, shall file its report with the court and serve a copy on the plaintiff; and
(5) Conduct a search of the records of the central registry established pursuant to section 1 of P.L.1999, c.421 (C.2C:25-34), upon the request of a surrogate and not more than 30 days prior to the preliminary hearing, to determine whether a prospective adoptive parent or any member of the parent's household has:
(a) had a domestic violence restraining order entered against them; or
(b) been charged with a violation of a court order involving domestic violence.
The court shall provide the results of the search to the surrogate for inclusion in the court's adoption file. If the results of the search contain any material findings or recommendations adverse to the plaintiff, the surrogate shall provide the material findings or recommendations to the approved agency or the department, as applicable.
In a case in which the plaintiff is a stepparent of the child and the court dispenses with the agency or the department investigation and report pursuant to paragraph (4) of this subsection and the results of the court's search contain any material findings or recommendations adverse to the plaintiff, the surrogate shall serve a copy of that part of the results of the search upon the plaintiff at least five days prior to the preliminary hearing.
b. The preliminary hearing shall be in camera and shall have for its purpose the determination of the circumstances under which the child was relinquished by his parents and received into the home of the plaintiff, the status of the parental rights of the parents, the fitness of the child for adoption and the fitness of the plaintiff to adopt the child and to provide a suitable home. If the report of the approved agency or the department pursuant to subsection a. of this section contains or the results of the search of the central registry contain material findings or recommendations adverse to the plaintiff, the presence of a representative of the approved agency or the department, as applicable, who has personal knowledge of the investigation shall be required at the preliminary hearing. If in the course of the preliminary hearing the court determines that there is lack of jurisdiction, lack of qualification on the part of the plaintiff or that the best interests of the child would not be promoted by the adoption, the court shall deny the adoption and make such further order concerning the custody and guardianship of the child as may be deemed proper in the circumstances.
c. If upon completion of the preliminary hearing the court finds that:
(1) The parents of the child do not have rights as to custody of the child by reason of their rights previously having been terminated by court order; or, the parents' objection has been contravened pursuant to subsection a. of section 10 of P.L.1977, c.367 (C.9:3-46);
(2) The guardian, if any, should have no further control or authority over the child;
(3) The child is fit for adoption; and
(4) The plaintiff is fit to adopt the child, the court shall: (a) issue an order stating its findings, declaring that no parent or guardian of the child has a right to custody or guardianship of the child; (b) terminate the parental rights of that person, which order shall be a final order; (c) fix a date for final hearing not less than six nor more than nine months from the date of the preliminary hearing; and (d) appoint an approved agency or the department to supervise and evaluate the continuing placement in accordance with subsection d. of this section. If the plaintiff is a brother, sister, grandparent, aunt, uncle, birth father, stepparent or resource family parent of the child, or if the child has been in the home of the plaintiff for at least two years immediately preceding the commencement of the adoption action, and if the court is satisfied that the best interests of the child would be promoted by the adoption, the court may dispense with this evaluation and final hearing and enter a judgment of adoption immediately upon completion of the preliminary hearing.
d. The approved agency or the department appointed pursuant to subsection c. of this section shall from time to time visit the home of the plaintiff and make such further inquiry as may be necessary to observe and evaluate the care being received by the child and the adjustment of the child and the plaintiff as members of a family. At least 15 days prior to the final hearing, the approved agency or the department, as applicable, shall file with the court a written report of its findings, including a recommendation concerning the adoption, and shall mail a copy of the report to the plaintiff.
If at any time following the preliminary hearing the approved agency or the department, as applicable, concludes that the best interests of the child would not be promoted by the adoption, the court shall appoint a guardian ad litem for the child and after a hearing held upon the application of the approved agency or the department and upon notice to the plaintiff, may modify or revoke any order entered in the action and make such further order concerning the custody and guardianship of the child as may be deemed proper in the circumstances.
e. At the final hearing the court shall proceed in camera; except that if the approved agency or the department in its report pursuant to subsection d. of this section has recommended that the adoption be granted, the final hearing may be dispensed with and, if the court is satisfied that the best interests of the child would be promoted by the adoption, a judgment of adoption may be entered immediately.
The appearance of the approved agency or the department at the final hearing shall not be required unless its recommendations are adverse to the plaintiff or unless ordered by the court. If its appearance is required, the approved agency or the department shall be entitled to present testimony and to cross-examine witnesses and shall be subject to cross-examination with respect to its report and recommendations in the matter.
f. If, based upon the report and the evidence presented, the court is satisfied that the best interests of the child would be promoted by the adoption, the court shall enter a judgment of adoption. If, based upon the evidence, the court is not satisfied that the best interests of the child would be promoted by the adoption, the court shall deny the adoption and make such further order concerning the custody and guardianship of the child as may be deemed proper in the circumstances.
(cf: P.L.2004, c.130, s.18)
15. Section 17 of P.L.1977, c.367 (C.9:3-53) is amended to read as follows:
17. The costs of all proceedings pursuant to P.L.1977, c.367 (C.9:3-37 et seq.) shall be borne by the plaintiff, including the costs incurred by an approved agency or the department acting pursuant to an order of the court; except that the approved agency or the department may waive part or all costs. Payment of costs shall not be a condition precedent to entry of judgment. The costs shall not include the provision of counsel for any person, other than the plaintiff, entitled to the appointment of counsel pursuant to P.L.1977, c.367 (C.9:3-37 et seq.).
(cf: P.L.1993, c.345, s.16)
16. Section 21 of P.L.1993, c.345 (C.9:3-54.2) is amended to read as follows:
21. a. (1) In addition to meeting the other requirements established by the [Department of Children and Families] department, a home study completed by an approved agency shall include a recommendation regarding the suitability of the home for the placement of a child based upon the results of State and federal criminal history record checks for each prospective adoptive parent and each adult residing in the home.
A home study completed by the department also shall include a recommendation regarding the suitability of the home for the placement of a child based upon the results of State and federal criminal history record checks for each prospective adoptive parent and each adult residing in the home.
For the purposes of this section, the federal criminal history record check conducted by the U.S. Citizenship and Immigration Services in the Department of Homeland Security on a prospective adoptive parent shall be valid for the prospective adoptive parent in fulfilling the home study requirement for the State.
(2) Each prospective adoptive parent and each member of the prospective adoptive parent's household, age 18 or older, shall submit to the approved agency or to the department, as applicable, if not previously submitted, standard fingerprint cards containing his name, address and fingerprints taken by a State or municipal law enforcement agency.
(3) The cost of all criminal history record checks conducted pursuant to this section shall be paid by the prospective adoptive parent or household member at the time the fingerprint cards are submitted.
(4) The approved agency shall forward the fingerprint cards and payment to the commissioner.
(5) The commissioner is authorized to exchange fingerprint data and receive criminal history record information from the Federal Bureau of Investigation and the Division of State Police for use in making the recommendations provided for in this section.
(6) The department shall advise the approved agency of information received from State and federal criminal history record checks based upon the fingerprints submitted by the agency. Information provided to the approved agency shall be confidential and not disclosed by the approved agency to any individual or entity without the written permission of the person who is the subject of the record check.
(7) The commissioner shall adopt regulations for the use of criminal history record information by approved agencies when determining the suitability of a home for the placement of a child for the purposes of adoption.
b. (1) Beginning one year after the effective date of this act, a home study completed by an approved agency shall include a recommendation regarding the suitability of the home for the placement of the child based upon a check for any records which might reveal a history of child abuse or neglect by the proposed adoptive parent or member of the parent's household who is 18 years of age or older.
(2) Beginning one year after the effective date, at the request of an approved agency, the commissioner or his designee shall conduct a search of the records of the Division of Youth and Family Services regarding referrals of dispositions of child abuse or neglect matters as to the proposed adoptive parent and any member of the parent's household 18 years of age or older, and, if there is information that would raise a question of the suitability of the proposed adoptive parent or member of the parent's household to have guardianship of a child, shall provide that information to the approved agency for its consideration. Information provided to the approved agency pursuant to this paragraph shall be confidential. The commissioner shall establish penalties for disclosure of this confidential information.
(cf: P.L.2006, c.47, s.40)
17. Section 19 of P.L.1977, c.367 (C.9:3-55) is amended to read as follows:
19. a. A prospective parent who is not a brother, sister, aunt, uncle, grandparent, resource family parent, birth father or stepparent of the child to be adopted shall file before the complaint is heard, in accordance with court rules, a detailed report which shall be signed and verified by each prospective parent and shall disclose all sums of money or other valuable consideration paid, given or agreed to be given to any person, firm, partnership, corporation, association or agency by or on behalf of the prospective parent in connection with the adoption, and the names and addresses of each person, firm, partnership, corporation, association or agency to whom the consideration was given or promised. The report, a copy of which shall be provided to the approved agency or the department, as applicable, pursuant to section 11 or 12 of P.L.1977, c.367 (C.9:3-47 or C.9:3-48), shall include but not be limited to expenses incurred or to be incurred by or on behalf of a prospective parent in connection with:
(1) The birth of the child;
(2) The placement for adoption of the child with the prospective parent;
(3) Medical or hospital care received by the mother or the child during the mother's pre- and postnatal period; and
(4) Services relating to the adoption or to the placement for adoption, including legal services, which were rendered or are to be rendered to or for the benefit of the prospective parent, either parent of the child or any other person or agency.
b. Whenever based upon a report filed pursuant to this section it appears to the court that any person may have violated section 18 of P.L.1993, c.345 (C.9:3-39.1) the court or the division may refer the matter to the appropriate county prosecutor.
(cf: P.L.2004, c.130, s.19)
18. Section 23 of P.L.1951, c.138 (C.30:4C-23) is amended to read as follows:
23. In addition to the methods otherwise provided in this article for establishing guardianship by the [Bureau of Childrens Services] department, and when necessary to carry out the provisions of this act, the [Bureau of Childrens Services] department, after due investigation and consideration, may, in cases where it would be to the permanent advantage of the child, take voluntary surrenders and releases of custody and consents to adoption from the parent, parents, guardians or other persons or agencies having the right or authority to give such surrenders, releases or consents. Such surrenders, releases or consents, when properly acknowledged before a person authorized to take acknowledgments of proofs in the State of New Jersey, shall be valid and binding irrespective of the age of the person giving the same, and shall be irrevocable except at the discretion of the [Bureau of Childrens Services] department or upon order of a court of competent jurisdiction.
(cf: P.L.1962, c.197, s.24)
19. This act shall take effect immediately.
STATEMENT
This bill amends various sections of law in Title 9 of the Revised Statutes to remove and distinguish the Department of Children and Families (DCF) from the definition and use of the term "approved agency" (with respect to adoptions), so that DCF is not licensing its own adoption services. Currently, the Office of Licensing in DCF licenses agencies as "approved agencies" to place children for adoption. Under the bill, the Office of Licensing would continue to license agencies facilitating adoptions, but not those adoptions facilitated by DCF.
