N.J. Admin. Code § 3A:22-4.1

Current through Register Vol. 56, No. 11, June 3, 2024

Section 3A:22-4.1 - Criteria for adoptive home selection

(a) When a child's case goal becomes adoption and the child is in need of a selected adoptive home, the Division shall initiate efforts to identify or recruit an adoptive applicant or licensed adoptive applicant. Each licensed adoptive applicant shall meet his or her own state's requirements to adopt a child.

(b) The Division shall make an informed, objective judgment based on a full and careful assessment of each factor which may affect the child's ability to benefit physically, socially and emotionally from the adoptive placement, in particular, and the community in general.

(c) The Division shall not discriminate in a child's adoptive placement based on the child's or the adoptive parent's race, color, national origin, age, gender, disability, marital status, sexual orientation, state of residence, or religion. This subsection shall not preclude the Division from adhering to the Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. § 1911. The Division shall not delay or deny the adoptive placement of a child due to the race, color, or national origin of either the child or the adoptive parent. These factors may be considered in selecting the licensed adoptive applicant for only the most compelling reasons related to a particular child's special or distinctive needs. The Division representative shall document when the race, color, or national origin of either the child or licensed adoptive applicant is considered in making the adoptive home selection and how these factors affected the selection. The documentation shall include any professional reports, such as therapists' reports, used in making the decision.

N.J. Admin. Code § 3A:22-4.1

Amended by R.2001 d.92, effective 3/19/2001.
See: 32 N.J.R. 4181(a), 33 N.J.R. 1003(a).
Rewrote the section.
Amended by R.2006 d.336, effective 9/18/2006.
See: 38 N.J.R. 1505(a), 38 N.J.R. 3902(a).
Rewrote (a) and (c).
Amended by R.2014 d.046, effective 3/17/2014.
See: 45 N.J.R. 2171(a), 46 N.J.R. 541(c).
In (a), inserted the second occurrence of "licensed", and substituted the second occurrence of "shall" for "must"; and in (c), inserted the second sentence, and inserted a comma following the second and third occurrences of "color".