N.J. Admin. Code § 3A:50-5.5

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

Section 3A:50-5.5 - Pre-placement services to the child

(a) The agency shall complete a comprehensive study for each child evaluated for adoption. The study shall include:

1. A medical examination of the child at birth or at the time when the agency assumed custody and again within 30 calendar days before placement in an adoptive home to determine the child's health and any factors that may interfere with normal development;

2. In addition to (a)1 above, for a child under two years of age, the agency shall provide the adoptive applicant(s) with information regarding medical examinations, medical testing, medical/surgical treatment and immunizations, if any, within 30 calendar days before placement in an adoptive home.

3. Information to the extent available about the child's birth family to determine hereditary factors or pathology that may affect the child's normal development and potentialities as required on forms developed by the Commissioner of the Department of Children and Families, pursuant to N.J.S.A. 9:3-41.1(b);

4. Information on previous placements, if applicable;

5. Any specialized evaluations for a physically and/or mentally disabled child to help better understand the child's strengths and limitations;

6. The child's involvement in the adoption or documentation of the reason(s) for not involving the child; and

7. A careful evaluation of the advisability, in terms of best interest, and feasibility of placing the child together with full or half-siblings whose permanency goal is also adoption or who may have been placed for adoption previously. The agency shall document, in the case record of the child for whom adoption is currently being planned, any contraindicators and/or barriers to the co-placement of siblings, regardless of when they became legally free for adoption.

(b) The agency shall provide foster care services, as necessary, to ensure the health and safety of children who are waiting for legal clearance and/or adoptive placement.

1. The agency shall establish written criteria by which foster parent applicants are eligible to apply to the agency to provide foster care for a child.

i. The agency shall ensure that the criteria apply equally to all applicants.

ii. The agency shall make the criteria available to the Office of Licensing, to all prospective foster parent applicants and, upon request, to any person.

2. Before approving foster parents, the agency shall conduct a home visit and prepare a comprehensive written assessment, including, but not limited to:

i. The name, address, age, occupation, race and ethnic background, education, and religion (if any) of all household members;

ii. Written reports of medical examinations conducted within the past calendar year for all household members. These reports shall indicate that all household members are free of communicable diseases, including results of laboratory tests or X-rays if ordered by the physician, or other medical impediments to the placement of foster children in the home;

iii. A physician's written statement attesting that the foster parents' health status is such that they are physically capable of providing foster care services;

iv. Three written references that shall be stored in the foster family's record;

v. A written assessment of the family's philosophies on child rearing, discipline, parental roles, and experience with children;

vi. A statement of the agency's assessment of the results of State and Federal Criminal History Record Information (CHRI) fingerprint background checks, as specified in N.J.A.C. 3A:50-4.5;

vii. A statement of the agency's assessment of the results of the Department's Child Abuse Record Information (CARI) background checks, as specified in N.J.A.C. 3A:50-4.6; and

viii. Location and description of physical environment of the residence and neighborhood.

3. When the results of a CHRI reveal a criminal conviction, the agency shall:

i. Disclose the results of the CHRI only to the specific individual on whom the CHRI was conducted; and

ii. Disclose to the foster home applicant(s) the name of the adult residing in the applicant's home who has a criminal conviction, but not disclose to the applicant(s) any other information about the conviction.

4. When the results of a CARI background check reveal a substantiated incident(s) of child abuse or neglect, the agency shall:

i. Disclose the results of the CARI background check only to the individual identified by the Department as the perpetrator of the child abuse or neglect incident(s); and

ii. Disclose to the foster home applicant(s) the name of the perpetrator, if other than the applicant(s), but not disclose to the applicant(s) any other information concerning the incident.

5. Before a child is placed in an approved foster home, the agency shall ensure that the foster parent(s) signed an agreement that specifies the terms and conditions of service and financial remuneration.

6. If a foster home has not been used for a year, the agency shall update the evaluation of the home before placing a child.

(c) An agency that provides foster care services in homes located in New Jersey for children under the auspices of the Department who are waiting for legal clearance and/or adoptive placement shall ensure that such homes comply with the provisions of N.J.S.A. 30:4C-27.3, the Resource Family Parent Licensing Act.

(d) The agency shall give foster parents a telephone number to contact in case of emergency.

(e) The pre-placement services shall be recorded in the child's record, as specified in N.J.A.C. 3A:50-3.6(d).

N.J. Admin. Code § 3A:50-5.5

Amended by R.1997 d.480, effective 11/17/1997.
See: 29 N.J.R. 3230(a), 29 N.J.R. 4857(a).
Inserted new (a)2; and recodified existing (a)2 through (a)6 as (a)3 through (a)7.
Amended by R.2011 d.245, effective 10/3/2011.
See: 42 N.J.R. 1965(a), 43 N.J.R. 2600(a).
In (a)3, substituted "Children and Families" for "Human Services"; in (a)5, substituted "disabled" for "handicapped"; in (b)1ii, substituted "Office of Licensing" for "Bureau"; added new (c); and recodified former (c) and (d) as (d) and (e).
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 "Preplacement services to the child". Rewrote (b)2; added new (b)3 and (b)4; and recodified former (b)3 and (b)4 as (b)5 and (b)6.