N.J. Admin. Code § 3A:21-2.3

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

Section 3A:21-2.3 - Factors to consider when filing for termination of parental rights

(a) The Division representative considers many factors when deciding to file for termination of parental rights or to document a compelling reason in the best interests of the child not to file for a termination of parental rights. Decisions must be made on a case-by-case basis, based on the individual circumstances of the child and the family. The factors considered may include, but are not limited to:

1. The child's age;

2. The child's level of maturity;

3. The child's developmental level and needs;

4. The child's opinion regarding the permanent plan;

5. The placement history, including the length of time the child has been in placement;

6. The progress that each parent has made toward return of his or her child;

7. The relationship between this child and his or her parents;

8. The child's relationship to siblings, if any;

9. The case goal for each of the child's siblings, if any;

10. Expert opinions in respect to permanency planning for the child;

11. The opinions of child advocates in respect to permanency planning for the child;

12. The appropriateness and feasibility of all the various permanency options for this child;

13. The out-of-home placement provider's commitment to the child and commitment and capacity to meet the child's needs currently and in the future;

14. The relationship between the child and the out-of-home placement provider and the out-of-home placement provider's family;

15. The potential permanent caregiver's ability and willingness to assure safety, permanency, and well-being for the child; and

16. Each parent's role in potential permanency plans for this child.

N.J. Admin. Code § 3A:21-2.3

New Rule, R.2008 d.191, effective 7/21/2008.
See: 40 N.J.R. 587(a), 40 N.J.R. 4320(c).