N.J. Admin. Code § 3A:50-5.8

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

Section 3A:50-5.8 - Post-placement services

(a) In keeping with the supervision requirements specified at N.J.A.C. 3A:50-3.6(d)14, the agency shall:

1. Visit the home within 14 calendar days of the adoptive placement after the first day of placement, and document in the child's record that:

i. The child's background information was reviewed with the adoptive parent(s);

ii. The adoptive parent(s) and child were given reassurance that their feelings, worries and joys are natural and understandable;

iii. School age children are in compliance with the compulsory education requirements at N.J.S.A. 18A:7B-1 et seq.; and

iv. Working parent(s) have made child care arrangements.

(b) For interstate adoptions when there is a delay in the adoptive family returning home with the child, the agency shall:

1. Maintain verbal contact with the family upon placement and visit the home within 14 calendar days of the family's return; and

2. Document in the child's record all required information as specified at (a)1i through iv above.

(c) For children under five years of age, the agency shall:

1. Conduct bi-monthly home visits after the first visit for at least six months, except when the adoption is delayed past the six month supervisory period because the court has a backlog of cases. In these instances, the agency may conduct office visits on a quarterly basis instead of home visits until the adoption has been finalized.

2. Document in the child's record that all members of the adoptive family's household were interviewed during the placement supervision period; and

3. Document in the child's record that the following issues were discussed:

i. How the presence of the child changed the lifestyle and marital, civil union, domestic partnership and/or sibling relationships and how the child and extended family view each other;

ii. What role each family member has assumed regarding child care and discipline; and

iii. How parents cope with demands of a crying infant and/or a child who "tests" the placement and how the family reacts to these episodes including any feelings of insecurity about doing the "right" thing.

(d) For children age five or older, the agency shall:

1. Conduct monthly home visits during the minimum supervisory six-month period, and then bi-monthly home or office visits until the adoption is finalized, if the court has a backlog of cases;

2. Document in the child's record that the child was interviewed privately about his feelings about the adoption at each supervisory visit; and

3. Document in the child's record that the following issues were discussed:

i. How the presence of the child changed the lifestyle and marital, civil union, domestic partner and/or sibling relationships and how the child and extended family view each other;

ii. What role each family member has assumed regarding child care and discipline;

iii. How the child "tests" the placement and how the family reacts to these episodes, including any feelings of insecurity about doing the "right" thing;

iv. How the family perceives the child's sense of identity and the need to fill in gaps in the child's history;

v. How the child has adjusted to the school environment; and

vi. Document in the child's record that all members of the adoptive family's household were interviewed during the placement supervision period.

(e) The agency shall ensure that consents are not signed before the completion of the six month supervision period and all required supervision visits have occurred, as specified in (c)1 and (d)1 above. For adoptions finalizing in another state or country with a shorter supervision period or requiring fewer post-placement visits than New Jersey, the agency shall make and document all efforts and attempts to secure the adoptive family's agreement to comply with the New Jersey post-placement schedule.

(f) If a child under two years of age is in an adoptive home for more than one year without the adoption being finalized, the agency shall document to the Office of Licensing in writing the reason(s) that the adoption has not been finalized. Such information shall be provided no later than 30 calendar days after the one-year adoptive placement supervision period has ended.

(g) If a child over two years of age is in an adoptive home for more than two years without the adoption being finalized, the agency shall document to the Office of Licensing in writing the reason(s) that the adoption has not been finalized. Such information shall be provided no later than 30 calendar days after the two-year adoptive placement supervision period has ended.

(h) The agency shall remove the child only if his or her security and well-being are impaired or his or her needs are no longer served by the adoptive placement.

(i) The adoptive parents may request the removal of the child if they decide that they no longer want to adopt the child.

(j) The Division may remove a child where there is reason to believe that the child has been abused or neglected and that the continued placement with the adoptive family poses a serious or irremediable risk to the child pursuant to N.J.S.A. 9:6-8.9, 8.10, 8.13 and 8.14.

(k) When a child is removed from an adoptive placement, the agency shall:

1. Place the child in another adoptive home or make other suitable living arrangements for the child;

2. Document how the child was assisted with separation;

3. Offer counseling consisting of at least two in-person contacts with the former adoptive parents; and

4. Offer supervision and/or consultation to the social worker responsible for the child removed from the adoptive home.

(l) The agency shall cooperate with the adoptive parents and/or the attorney, if any, retained by the adoptive parents to finalize the adoption.

1. The agency shall provide all information and documents needed to finalize the adoption pursuant to N.J.S.A. 9:3-37 et seq. and shall file a written report to the court at least five calendar days before the hearing. This information shall include:

i. The name and age of each adoptive parent and the relationship, if any, of each adoptive parent to the child to be adopted;

ii. The name, age and birthplace of the child to be adopted, and whether any or all of this information is unknown to the adoptive parents;

iii. The certified agency or other source from which the adoptive parents received the child to be adopted;

iv. The circumstances surrounding the surrender of the child to the agency;

v. The results of the agency's evaluation of the child and of the adoptive parent(s), including a description of the care being received by the child and the adjustment of the child and parent(s) as members of a family, and a summary statement of the agency's recommendation to the court regarding finalization;

vi. A full description of all property belonging to the child to be adopted;

vii. The name by which the child to be adopted will be known; and

viii. An itemized statement of all fees and costs paid by the adoptive applicants in connection with the adoption. Such costs shall include expenses related to any of the following:

(1) Payment, provision or reimbursement to a parent for medical expenses, reasonable living expenses, shelter, and religious, psychological, vocational, or similar counseling services;

(2) Application and home study costs;

(3) Pre-adoptive care of the child, whether in foster, group, residential or institutional care;

(4) Costs related to the child's placement, including transportation and escort costs;

(5) Costs related to post-placement supervision; and

(6) Finalization costs and other associated legal expenses.

2. If the agency's report to the court contains any material findings or recommendations adverse to the adoptive parent(s), the agency shall serve a copy of the report to the adoptive parent(s) at least five working days before the hearing.

3. The agency shall solicit and consider the child's wishes concerning adoption.

4. The agency shall ensure that any child who is age 10 or older is present at the finalization hearing unless the child's presence is waived by the court.

N.J. Admin. Code § 3A:50-5.8

Amended by R.1991 d.6, effective 1/7/1991.
See: 22 N.J.R. 2674(b), 23 N.J.R. 99(b).
In (c): revised text adding new (c)1i-iii, deleting and replacing (c)2-4 with new (c)2-8. New text clarifies and expands requirements that adoption agencies must follow when conducting an "Adoption Complaint Investigation."
Amended by R.1992 d.514, effective 12/21/1992.
See: 24 N.J.R. 3500(a), 24 N.J.R. 4552(a).
Home visit schedule at (a)2i revised to accommodate court backlogs; (b) deleted and new (b) added, regarding signature of consents; explanation required of agency if adoption not completed within two years after placement.
Amended by R.1995 d.431, effective 8/7/1995.
See: 27 N.J.R. 661(a), 27 N.J.R. 2922(a).
In (c), provision of services as part of an Adoption Complaint Investigation deleted; report to court for adoption finalization to include statement of payments made by adoptive parents for medical, living, shelter and counseling expenses.
Amended by R.2011 d.245, effective 10/3/2011.
See: 42 N.J.R. 1965(a), 43 N.J.R. 2600(a).
Rewrote the introductory paragraph of (a); in (a)2iii(1) and (a)3iii(1), inserted "the lifestyle and"; in (a)2iii(1), inserted ", civil union, domestic partnership"; in (a)3iii, inserted "in the child's record"; in (a)3iii(1), inserted ", civil union, domestic partner"; in (a)3iii(4), deleted "and" from the end; in (a)3iii(5), substituted "; and" for a period at the end; added (a)3iii(6); and in (c) and (d), substituted "Office of Licensing" for "Bureau".
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).
Rewrote the section.