N.J. Admin. Code § 3A:20-1.6

Current through Register Vol. 56, No. 23, December 2, 2024

Section 3A:20-1.6 - Eligibility for the CP and P Legal Guardianship Subsidy Program

(a) When the Division determines kinship legal guardianship as a permanent plan for the child, the Division representative advises a relative interested in the CP&P Legal Guardianship Subsidy Program of the requirements for eligibility and the circumstances that require termination of the program.

(b) A child is eligible for the CP&P Legal Guardianship Subsidy Program when:

1. A Division representative placed the child with a relative due to safety or risk of harm issues and the Division had legal authority for placement through a court order;

2. The relative is related to the child through blood, marriage, adoption, civil union, or domestic partnership or is a family friend as defined at N.J.A.C. 3A:11-1.3;

3. A Division representative made reasonable efforts when required to reunify the child and the parent;

4. The Division representative determines that the child cannot be returned to his or her parent and that adoption is neither likely nor feasible;

5. The relative or successor has obtained kinship legal guardianship, pursuant to the Kinship Legal Guardianship Act, N.J.S.A. 3B:12A-5; and

6. The relative's home meets the licensing standards for resource family homes articulated in N.J.A.C. 3A:51 for as long as the subsidy is paid.

(c) Upon the death or incapacitation of the relative with whom a child was placed under (b) above, a child remains eligible for the CP&P Legal Guardianship Subsidy Program if:

1. The child enters the care and custody of a successor guardian named in the initial agreement or an amendment made to that agreement executed prior to the death or incapacitation of the kinship legal guardian with whom the child was placed under (b) above.

2. No unreasonable time has elapsed and no person has had custody of the child between the death or incapacitation of the kinship legal guardian with whom the child was placed under (b) above and the assumption of care and custody by the successor guardian.

3. The successor guardian is licensed or provisionally licensed as a resource family provider at the time of the child's placement in his or her home, and that home continues to meet the licensing standards for resource family homes articulated in N.J.A.C. 3A:51, for as long as the subsidy is paid; and

4. Within reasonable time, not to exceed 540 days from the date that the successor guardian assumes care and custody of the child, the successor guardian petitions for kinship legal guardianship pursuant to the Kinship Legal Guardianship Act, N.J.S.A. 3B:121A-5.

(d) The agreement, and amendments to it, shall be executed using forms provided by the Division and in accordance with procedures provided for their use. No agreement, or amendment to it, shall be considered validly executed unless and until approved in writing by the Director or his or her designee.

N.J. Admin. Code § 3A:20-1.6

Amended by R.2008 d.364, effective 12/1/2008.
See: 40 N.J.R. 3567(a), 40 N.J.R. 6808(a).
In (a), substituted "When the Division determines kinship legal guardianship as a permanent plan for the child, the" for "The" and substituted "that" for "which"; in (b)1, deleted "consent of the parent or" following "through"; in (b)2, substituted "blood, marriage, adoption, civil union, or domestic partnership" for "blood or marriage or adoption"; in (b)3, deleted ", in accordance with N.J.A.C. 10:133I" following "parent"; deleted former (b)5; recodified former (b)6 as (b)5; in (b)5, deleted "interested in being approved for the program" following "relative"; added new (b)6; and deleted (b)7.
Amended by R.2016 d.046, effective 5/16/2016.
See: 47 N.J.R. 3094(a), 48 N.J.R. 103(a), 48 N.J.R. 803(a).
Section was "Eligibility for the DYFS Legal Guardianship Subsidy Program". Rewrote the section.