N.J. Admin. Code § 3A:50-5.4

Current through Register Vol. 56, No. 9, May 6, 2024

Section 3A:50-5.4 - Services to birth parents

(a) The agency shall document in the case record all contacts with the birth parents, birth family members, or their legal representative that directly pertain to the adoption. All entries shall be signed by the individual making the entry and include the date of the entry.

(b) The agency shall:

1. Be prohibited from requiring the prospective birth parent(s) to sign a statement committing them to any definite plan for the unborn child in order to obtain services;

2. Be prohibited from requiring the birth parent(s) to surrender a child for adoption in order to receive medical services, maternity or residential care, or any other agency service;

3. Ensure that residential facility care, foster home care and/or maternity services that it provides to clients meets applicable state licensing, certification or approval requirements;

4. Encourage the birth mother to reveal the identity and whereabouts of the birth father;

5. Conduct a reasonable search for the birth father, if the name of the birth father is identified and his location is not known. The agency shall take steps including, but not limited to:

i. Sending notice via regular and certified mail to the last known address of the birth father;

ii. Inquiring discreetly among any known relatives, friends, or employers of the birth father;

iii. Making direct inquiry to public agencies that are believed to have information on the whereabouts of the birth father; and

iv. Utilizing available internet resources;

6. Provide the birth father with the opportunity to sign a surrender, a denial of paternity or otherwise exercise parental rights to the child pursuant to N.J.S.A. 9:3-45;

7. At least 20 calendar days before the child's adoption, provide written notification of the impending adoption to:

i. The guardian of a child to be adopted, who has not executed a surrender pursuant to N.J.S.A. 9:3-41;

ii. Any other person who has provided care and supervision in his or her home for the child for a period of six months or half of the life of the child, whichever is less, in the two years prior to the date the complaint was filed in the court by the prospective adoptive parent(s); and

iii. The birth father of the child to be adopted, unless the birth father is not identified or cannot be located after a reasonable search;

8. Inform those persons specified in (b)7 above that they have the opportunity to object to the adoption within 20 days after notice of the adoption is given in accordance with the Rules of Court; and

9. Provide documentation of the agency's compliance with (b)4 through 8 above in the case record.

(c) Before taking a surrender, the agency shall document that the birth parents were:

1. Provided at least three face-to-face counseling sessions conducted in a private and professional setting as specified in N.J.A.C. 3A:50-3.7(a), or at the birth parents' home, by qualified social work staff on separate days and that the birth parents were:

i. Offered counseling that fully:

(1) Explores alternatives to adoption;

(2) Addresses any presented emotional problems;

(3) Includes referrals to mental health agencies when such emotional problems interfere with the birth parents' decision-making regarding adoption; and

(4) Explores alternative plans for the child, including, but not limited to, temporary foster care, day care and care by relatives;

ii. Informed that only legal parents or legal guardians have the right to custody and control of their child and to surrender their child for adoption;

iii. Prepared, along with the child, for surrender and separation;

iv. Referred to other community resources when the agency cannot provide needed services;

v. Informed that the agency may contact them in the future if the adult adoptee or adoptive family or emancipated minor requests information or wishes to meet the birth parents;

vi. Advised that they may sign a written agreement at any time indicating their willingness to be contacted and/or to provide information if requested by the adoptee or adoptive family;

vii. Asked to update and submit to the agency their address(es) and/or any significant medical information required on the Medical Information Form, so that the medical information could be shared with the adoptive family and/or the adult adoptee; and

viii. Requested to provide an itemized statement for all adoption-related costs, if any, paid by the prospective adoptive parents prior to agency involvement in the adoption or an affidavit that no money was expended;

2. Requested to sign a statement that indicates either:

i. The agency explained the information in (c)1 above to them; or

ii. They refuse to participate in the counseling sessions; and

3. Asked to sign a statement that indicates the agency explained the provisions of N.J.S.A. 26:8-40.33 and 40.34, which:

i. Allow each adoptee and other approved individuals access to original birth certificates;

ii. Allow each birth parent to submit a document of contact preference to the State Registrar; and

iii. Require each birth parent who submits a document of contact preference to submit a family history form; and

4. Advised how to obtain additional information from the Department of Health.

(d) The agency shall ensure that the birth parents understand the terms of the surrender and realize that the agency will assume custody and will have the right to consent to adoption of the child, pursuant to N.J.S.A. 9:3-41 and 30:4C-23.

1. The agency shall ensure that the full terms of this understanding are delineated in writing, signed and dated by the birth parent(s) and agency and maintained on file.

2. The agency shall ensure that the surrendering parent(s) is given the opportunity to state any preferences that he and/or she may have affecting the selection of adoptive parent(s), including specifying the adoptive parent(s) in a conditional surrender.

3. If the agency accepts a conditional surrender, the agency shall not permit any preferences stated by the surrendering parent(s) to interfere with the agency's authority and responsibility to act in the best interests of the child in selecting adoptive parents and the agency's obligation not to discriminate in the selection of adoptive parents, as specified in N.J.A.C. 3A:50-1.7(b) and (c). If the agency determines that the adoptive parent(s) specified by the surrendering parent(s) cannot be approved, the agency shall either:

i. Return the child to the surrendering parent(s);

ii. Discuss with the surrendering parent(s) an alternate choice of adoptive parent(s) and if they reach an agreement, place the child with the alternate adoptive parent(s); or

iii. If the agency cannot meet the provisions specified in (d)3i or ii above, initiate appropriate action through the court to determine the legal status of the child.

4. The agency shall not take a surrender before the child is 72 hours old.

5. Each surrender shall be acknowledged by an agency representative and shall be notarized. The agency representative and the notary shall not be the same person; however, the notary may be a staff member from the agency.

6. The agency shall document the following:

i. The names of the persons who were present at the time of the surrender;

ii. Where the surrender was taken; and

iii. The agency representative's observation of the birth parents' demeanor and competence during the discussion of the surrender and a statement that the birth parents were not coerced.

7. A valid surrender executed in another state or foreign country by a resident of that state or country shall be deemed a valid surrender for finalization in this State, if taken more than 72 hours after the birth of the child.

8. The agency shall document that birth parents who cannot read English fully understood the meaning of surrender.

9. The agency shall not delay returning a child to a birth parent(s) who decided not to surrender solely because the parent(s) is unable to pay medical and/or other fees.

(e) The agency shall request the court to terminate parental rights where state law provides grounds for termination of parental rights and there is reason to believe that termination of parental rights is necessary for the protection of the child.

(f) The agency shall provide at least one in-person contact with birth parents who request counseling after the child is freed for adoption.

(g) An agency that arranges for, provides directly, finances, or subsidizes the costs of adoption expenses, as specified in N.J.A.C. 3A:50-5.8( l)1viii, of a birth mother shall comply with all of the following:

1. The agency shall maintain on file a written policy that governs payments made on behalf of birth mothers.

i. A copy of this policy shall be given to each birth mother and prospective adoptive parent at the time of initial inquiry or application; and

ii. The birth mother shall be advised in writing, that any services or payments that she may be granted will be made to her without regard to her present or future decision to surrender her child(ren) for adoption and that the agency will not require or request reimbursement from her for such services and/or payments.

2. Unless the birth mother terminates her relationship with the agency, the agency shall notify the birth mother in writing at least 30 calendar days prior to the date of its last services or payments for adoption-related services, that services and/or payments will be terminated by the 30th calendar day following the birth of the child or after the 30th calendar day following the signed release for termination of parental rights for whom adoption services were sought. The agency shall also notify the birth mother in writing within 30 days when the agency documents that the need for such services or payments no longer exists.

3. The agency shall maintain in its case files any receipts, cancelled checks and/or invoices or photocopies of such receipts, cancelled checks and/or invoices as a record of all cash payments that were made on behalf of the birth mother. The agency may utilize a case ledger to record this information provided that copies or actual receipts, cancelled checks and/or invoices are made available to the Office of Licensing upon request.

N.J. Admin. Code § 3A:50-5.4

Amended by R.1992 d.514, effective 12/21/1992.
See: 24 N.J.R. 3500(a), 24 N.J.R. 4552(a).
Services to birth parents added at (c); medical expense provisions for birth mother and adoptee added at (h) through (l).
Administrative Correction.
See: 25 N.J.R. 2883(b).
Amended by R.1995 d.431, effective 8/7/1995.
See: 27 N.J.R. 661(a), 27 N.J.R. 2922(a).
Rewrote (a) through (d) regarding contact with birth parents, surrender of children and placement notifications; deleted (g) through (k) regarding identified adoptions and medical care for birth mothers and children; and renumbered existing (l) as (g).
Amended by R.2011 d.245, effective 10/3/2011.
See: 42 N.J.R. 1965(a), 43 N.J.R. 2600(a).
Added new (b)4 and (b)5; recodified former (b)4 and (b)6 as (b)6 and (b)7; deleted former (b)5; added new (b)6iii; recodified former (b)6iii as (b)8 and (b)7 as (b)9; in (b)8, substituted "(b)7" for "(b)6i and ii"; in (b)9, substituted "through 8" for "to 6"; in the introductory paragraph of (c)1, updated the N.J.A.C. reference; rewrote (c)1i; in the introductory paragraph of (d), deleted "N.J.S.A." preceding "30:4C-23"; added new (d)5 and (d)6; recodified former (d)5 through (d)7 as (d)7 through (d)9; in (g)1i, substituted "parent" for "couple"; and in (g)3, substituted "Office of Licensing" for "Bureau".
Amended by R.2016 d.052, effective 6/6/2016.
See: 47 N.J.R. 3078(a), 48 N.J.R. 103(a), 48 N.J.R. 965(a).
In (a), deleted "telephone and in-person" preceding "contacts", and inserted a comma following "members"; rewrote (b)5; in the introductory paragraph of (c)1, of (d)3, and of (g), updated the N.J.A.C. reference; in (c)1viii, deleted "and" from the end; in (c)2ii, substituted "; and" for a period; added (c)3 and (c)4; in the introductory paragraph of (d)3 and in (d)3iii, substituted "cannot" for "can not"; and in (d)7, inserted "for finalization".