N.J. Admin. Code § 3A:50-1.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 3A:50-1.4 - Authority to provide adoption services

(a) Under N.J.S.A. 9:3-37 et seq., all private and public adoption agencies, both within New Jersey and outside the State that provide adoption services in New Jersey, must be certified by the New Jersey Department of Children and Families in order to open and operate. This requirement shall not be construed to require certification of adoption agencies located outside the State in the following situations:

1. The out-of-State agency has a cooperative agreement with a New Jersey certified agency to provide the adoption services in New Jersey as specified at N.J.A.C. 3A:50-3.3(c); or

2. The out-of-State agency is facilitating the interstate adoption of a New Jersey-born child, provided that no legal proceedings occur in New Jersey and that the agency:

i. Maintains no physical presence in New Jersey;

ii. Provides no adoption services in New Jersey and such services are not required; and

iii. Fully complies with all laws governing such practice, including licensure requirements, in the jurisdiction into which the child is being placed.

(b) In order to be eligible for a certificate of approval, an adoption agency shall demonstrate to the satisfaction of the Department of Children and Families compliance with the requirements of the State Adoption Law and with the rules contained in this chapter, which constitute minimum requirements only.

(c) These rules shall not be applicable to the adoption of adults.

N.J. Admin. Code § 3A:50-1.4

Amended by R.2011 d.245, effective 10/3/2011.
See: 42 N.J.R. 1965(a), 43 N.J.R. 2600(a).
In (b), substituted "Children and Families" for "Human Services"; and in (c), substituted "Children and Families" for "Human Services or its duly authorized agent, the Bureau of Licensing of the Division of Youth and Family Services,".
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).
Section was "Legal authority". Deleted former (a); recodified former (b) through (d) as (a) through (c); and rewrote (a).