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| Home > Statutes > USA New Jersey |
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USA Statutes : new_jersey
Title : TITLE 30 INSTITUTIONS AND AGENCIES
Chapter : 30:4C-26a.
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30:4C-26a. . Rules and regulations
Subject to the ~Administrative Procedure Act,~ P.L.1968, c. 410 (C. 52:14B-1 et seq.), the Commissioner of Institutions and Agencies is authorized to formulate and adopt all rules and regulations necessary to effectuate the purposes of this act.
L.1974, c. 178, s. 5, eff. Dec. 10, 1974.
30:4C-26.1 ~Resource family home~ defined.
1. As used in this act ~resource family home~ means and includes private residences wherein any child in the care, custody or guardianship of the Department of Human Services may be placed by the department, or with its approval, for care, and shall include any private residence maintained by persons with whom any such child is placed by the Division of Youth and Family Services for the purpose of adoption until the adoption is finalized.
L.1962,c.137,s.1; amended 1964, c.102, s.11; 1974, c.178, s.3; 2004, c.130, s.59; 2005, c.169, s.5.
30:4C-26.2. Child care centers; establishment and maintenance
The Bureau of Childrens Services, shall establish and maintain, within the limits of available appropriations, child care shelters in such numbers and at such locations throughout the State as the Commissioner of the Department of Institutions and Agencies with the approval of the State Board of Control shall deem to be necessary.
L.1962, c. 137, s. 2. Amended by L.1964, c. 102, s. 12.
30:4C-26.3 Shelters for temporary care, supervision of children.
3. Such shelters shall be equipped and used for the temporary care and supervision of children who are placed in the care, custody or guardianship of the Division of Youth and Family Services, during the interim between such placement and placement in a suitable resource family home. Such shelters shall be properly staffed to provide for child care and supervision and shall contain the necessary facilities for both physical and psychological examinations of such children.
L.1962,c.137,s.3; amended 1964, c.102, s.13; 2004, c.130, s.60.
30:4C-26.4 ~Resource family parent~ defined.
1. As used in this act ~resource family parent~ shall mean any person with whom a child in the care, custody or guardianship of the Department of Human Services is placed by the department, or with its approval, for care and shall include any person with whom a child is placed by the Division of Youth and Family Services for the purpose of adoption until the adoption is finalized.
L.1962,c.136,s.1; amended 1964, c.102, s.8; 2004, c.130, s.61; 2005, c.169, s.6.
30:4C-26.5 Adoption of child by resource family parent.
2. Notwithstanding the provisions of any other law or any rule or regulation of the Division of Youth and Family Services, no agreement entered into between the division and any resource family parent for the care of any child in the care, custody or guardianship of the division shall contain any provision prohibiting the adoption of any child by the resource family parent.
L.1962,c.136,s.2; amended 1964, c.102, s.9; 2004, c.130, s.62.
30:4C-26.6 ~Resource family parent~ defined.
1. As used in this act ~resource family parent~ shall mean any person with whom a child in the care, custody or guardianship of the Department of Human Services is placed by the department, or with its approval, for care and shall include any person with whom a child is placed by the Division of Youth and Family Services for the purpose of adoption until the adoption is finalized.
L.1962,c.139,s.1; amended 1964, c.102, s.15; 2004, c.130, s.63; 2005, c.169, s.7.
30:4C-26.7 Application for adoption of child by resource family parent.
2. Any person, who, as a resource family parent, has cared for a child continuously for a period of 15 months or more, may apply to the Division of Youth and Family Services, for the placement of the child with them for the purpose of adoption and if the child is eligible for adoption, the division shall give preference and first consideration to their application over all other applications for adoption placements.
L.1962,c.139,s.2; amended 1964, c.102, s.16; 2004, c.130, s.64.
30:4C-26.8 Adoptive, resource family parent; investigation.
1. a. A person, in addition to meeting other requirements as may be established by the Department of Human Services, shall become a resource family parent or eligible to adopt a child only upon the completion of an investigation to ascertain if there is a State or federal record of criminal history for the prospective adoptive or resource family parent or any other adult residing in the prospective parent@s home. The investigation shall be conducted by the Division of State Police in the Department of Law and Public Safety and shall include an examination of its own files and the obtaining of a similar examination by federal authorities.
b. If the prospective resource family parent or any adult residing in the prospective parent@s home has a record of criminal history, the Department of Human Services shall review the record with respect to the type and date of the criminal offense and make a determination as to the suitability of the person to become a resource family parent or the suitability of placing a child in that person@s home, as the case may be.
c. For the purposes of this section, a conviction for one of the offenses enumerated in subsection d. or e. of this section has occurred if the person has been convicted under the laws of this State or any other state or jurisdiction for an offense that is substantially equivalent to the offenses enumerated in these subsections.
d. A person shall be disqualified from being a resource family parent or shall not be eligible to adopt a child if that person or any adult residing in that person@s household ever committed a crime which resulted in a conviction for:
(1) a crime against a child, including endangering the welfare of a child and child pornography pursuant to N.J.S.2C:24-4; or child abuse, neglect, or abandonment pursuant to R.S.9:6-3;
(2) murder pursuant to N.J.S.2C:11-3 or manslaughter pursuant to N.J.S.2C:11-4;
(3) aggravated assault which would constitute a crime of the second or third degree pursuant to subsection b. of N.J.S.2C:12-1;
(4) stalking pursuant to P.L.1992, c.209 (C.2C:12-10);
(5) kidnapping and related offenses including criminal restraint; false imprisonment; interference with custody; criminal coercion; or enticing a child into a motor vehicle, structure, or isolated area pursuant to N.J.S.2C:13-1 through 2C:13-6;
(6) sexual assault, criminal sexual contact or lewdness pursuant to N.J.S.2C:14-2 through N.J.S.2C:14-4;
(7) robbery which would constitute a crime of the first degree pursuant to N.J.S.2C:15-1;
(8) burglary which would constitute a crime of the second degree pursuant to N.J.S.2C:18-2;
(9) domestic violence pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.);
(10) endangering the welfare of an incompetent person pursuant to N.J.S.2C:24-7 or endangering the welfare of an elderly or disabled person pursuant to N.J.S.2C:24-8;
(11) terrorist threats pursuant to N.J.S.2C:12-3;
(12) arson pursuant to N.J.S.2C:17-1, or causing or risking widespread injury or damage which would constitute a crime of the second degree pursuant to N.J.S.2C:17-2; or
(13) an attempt or conspiracy to commit an offense listed in paragraphs (1) through (12) of this subsection.
e. A person shall be disqualified from being a resource family parent if that person or any adult residing in that person@s household was convicted of one of the following crimes and the date of release from confinement occurred during the preceding five years:
(1) simple assault pursuant to subsection a. of N.J.S.2C:12-1;
(2) aggravated assault which would constitute a crime of the fourth degree pursuant to subsection b. of N.J.S.2C:12-1;
(3) a drug-related crime pursuant to P.L.1987, c.106 (C.2C:35-1 et seq.);
(4) robbery which would constitute a crime of the second degree pursuant to N.J.S.2C:15-1;
(5) burglary which would constitute a crime of the third degree pursuant to N.J.S.2C:18-2; or
(6) an attempt or conspiracy to commit an offense listed in paragraphs (1) through (5) of this subsection.
For the purposes of this subsection, the ~date of release from confinement~ means the date of termination of court-ordered supervision through probation, parole, or residence in a correctional facility, whichever date occurs last.
For purposes of this section, ~resource family parent~ means any person with whom a child in the care, custody or guardianship of the Department of Human Services is placed by the department, or with its approval, for care and shall include any person with whom a child is placed by the Division of Youth and Family Services for the purpose of adoption until the adoption is finalized.
L.1985,c.396,s.1; amended 1999, c.53, s.34; 2004, c.130, s.65; 2005, c.169, s.8.
30:4C-26.9 Provisional approval for resource family parent.
1. The Department of Human Services may grant approval to a prospective resource family parent for a period not to exceed six months, upon completion of the State portion of the criminal history record investigation required pursuant to P.L.1985, c.396 (C.30:4C-26.8), pending completion and review of the federal portion of the criminal history record investigation required pursuant to that act, if (1) the State portion of the criminal history record investigation indicates no information which would disqualify the person, (2) the prospective resource family parent and any adult residing in the prospective resource family parent@s home submit a sworn statement to the Department of Human Services attesting that the person does not have a record of criminal history which would disqualify the person and (3) there is substantial compliance with department standards for resource family homes indicating there is no risk to a child@s health or safety.
For purposes of this section, ~resource family parent~ means any person with whom a child in the care, custody or guardianship of the Department of Human Services is placed by the department, or with its approval, for care and shall include any person with whom a child is placed by the Division of Youth and Family Services for the purpose of adoption until the adoption is finalized.
L.1989,c.21,s.1; amended 1999, c.53, s.35; 2004, c.130, s.66; 2005, c.169, s.9.
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