Title 9, Title 9: CHILDREN--JUVENILE AND DOMESTIC RELATIONS COURTS

9:3-39.3 Request for certain information. 8. a. An authorized requester may request the adoption facilitator that placed the child for adoption or conducted an investigation pursuant to section 12 of P.L.1977, c.367 (C.9:3-48) to provide any available non-identifying family medic…

9:3-40 Qualification of agencies for approval. 4. The Commissioner of Children and Families shall promulgate rules and regulations relating to the qualification of agencies for approval to make placements for adoption in New Jersey. The rules and regulations shall include, but sh…

9:3-40.1 Denial, suspension, revocation, refusal to renew agency's certificate on character requisites. 2. The Department of Children and Families may deny, suspend, revoke or refuse to renew an adoption agency's certificate of approval if the agency is in violation of the requir…

9:3-40.10 Adoption agencies located out-of-State. 9. In the case of an adoption agency located outside the State, the administrator of the agency shall ensure that all applicants or staff members meet all applicable laws and regulations in that state governing criminal history re…

9:3-40.11 Regulations unaffected. 6. a. Nothing in this act shall affect regulations adopted by the Department of Children and Families with respect to adoptions facilitated by the Department of Children and Families. b. Nothing in this act shall alter the requirement for an appr…

9:3-40.2 Definitions relative to adoption agencies. 1. As used in this act: "Approved agency" or "agency" shall have the same meaning as provided in section 2 of P.L.1977, c.367 (C.9:3-38); "Department" means the Department of Children and Families; "Staff member" means a person …

9:3-40.3 Criminal history record background check for staff members of adoption agency. 2. a. As a condition of securing or maintaining approval by the Department of Children and Families as an adoption agency, the administrator of an agency shall ensure that a criminal history r…

9:3-40.4 Request for criminal history record background check by agency. 3. a. In the case of an adoption agency established after the effective date of this act, the administrator of the agency, prior to the agency's opening, shall ensure that a request for a criminal history re…

9:3-40.5 Disqualification of staff member for employment. 4. Except as provided in subsection d. of this section, a current staff member or an applicant for employment shall be disqualified from employment at an approved agency if the criminal history record background check of t…

9:3-40.6 Convincing evidence of rehabilitation. 5. a. For crimes and offenses other than those cited in subsections a. and b. of section 4 of this act, a staff member may be eligible for employment at an approved agency if the staff member has affirmatively demonstrated to the de…

9:3-40.7 Immunity from liability relative to disclosure of information by agency. 6. a. An approved agency that has received an employment application from an individual, or currently employs a staff member, shall be immune from liability for acting upon or disclosing information…

9:3-40.8 Child abuse record information check by agency. 7. a. In addition to the requirement for a criminal history record background check pursuant to section 2 of this act, the administrator of an agency shall request that the department conduct a child abuse record informatio…

9:3-40.9 Agency established after effective date, request for child abuse record information check for all staff members. 8. a. In the case of an adoption agency established after the effective date of this act, the administrator of the agency, prior to the agency's opening, shal…

9:3-41. Surrender of child 5. a. Surrender of a child to an approved agency for the purpose of adoption, other than a surrender taken in accordance with P.L.1955, c.232 (C.9:2-13 et seq.), shall be by a signed instrument acknowledged by the person executing the instrument before …

9:3-41.1 Provision of available information on child's development to prospective parent. 1. a. An approved agency making an investigation of the facts and circumstances surrounding the surrender of a child shall provide a prospective parent with all available information, other …

9:3-42. Jurisdiction in Chancery, venue 6. An action for adoption shall be instituted in the Superior Court, Chancery Division, Family Part of the county in which the prospective parent resides, or in the county where the child resided immediately prior to placement for adoption,…

9:3-43. Instituting adoption actions; qualifications 7. a. Any person may institute an action for adoption except that a married person may do so only with the written consent of his spouse or jointly with his spouse in the same action or if living separate and apart from his spo…

9:3-43.1 Conditions for recognizing foreign adoptions, certain circumstances. 1. a. Notwithstanding the provisions of P.L.1977, c.367 (C.9:3-37 et seq.) or any other law to the contrary, an adopting parent shall not be required to petition a court in this State for adoption of a …

9:3-43.2 Force of final judgment of adoption in a foreign jurisdiction, certain circumstances. 2. A final judgment of adoption granted by a judicial, administrative or executive body of a jurisdiction or country other than the United States shall have the same force and effect in…

9:3-44 Filing of complaint. 8. Whenever a person receives a child into the person's home for the purpose of adoption other than from an approved agency, a complaint for adoption shall be filed within 45 days after receipt of the child. If the person receiving the child has been a…

9:3-45 Notice of complaint to parents. 9. a. In an adoption proceeding pursuant to P.L.1977, c.367 (C.9:3-37 et seq.), notice of the complaint may not be waived and a notice of hearing shall be served in accordance with the Rules of Court on each parent of the child to be adopted…

9:3-45.1 Rules, regulations. 6. The Department of Children and Families, in consultation with the Department of Health and Senior Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to implement the pro…

9:3-45.2 Resource family relative, parent, notice, right to be heard. 3. In any case in which the Division of Child Protection and Permanency accepts a child in its care or custody, the child's resource family parent or relative providing care for the child, as applicable, shall …

9:3-46 Objection to adoption. 10. a. A person who is entitled to notice pursuant to section 9 of P.L.1977, c.367 (C.9:3-45) shall have the right to object to the adoption of his child within 20 days after the filing of the complaint for adoption for a State resident and 35 days a…

9:3-47 Action on complaint for adoption of child received from approved agency. 11. a. When the child to be adopted has been received from an approved agency, the prospective parent shall file with the court a complaint for adoption after the child has been in the home of the pro…

9:3-48 Action on complaint for adoption of child not received from approved agency. 12. a. When the child to be adopted has not been received from an approved agency, the prospective parent shall file with the court a complaint for adoption. Upon receipt of the complaint, the cou…

9:3-49. Age 10 or older, hearing appearance, child's wishes 13. If the child sought to be adopted is of the age of 10 years or over, the appearance of the child shall be required at the final adoption hearing, unless waived by the court for good cause shown, and the child's wishe…

9:3-50. Entry of judgment of adoption, effect; inheritance rights 14. a. (Deleted by amendment, P.L.1993, c.345). b. The entry of a judgment of adoption shall establish the same relationships, rights, and responsibilities between the child and the adopting parent as if the child …

9:3-51. Judgments of adoption; records. 15. The clerk of the Superior Court, Chancery Division, Family Part shall promptly file all judgments of adoption and shall maintain an alphabetical index of all judgments of adoption entered each year pursuant to P.L.1977, c.367 (C.9:3-37 …

9:3-52. Court records of proceedings. 16. a. All court records of proceedings relating to adoption, including the complaint, judgment, and all petitions, affidavits, testimony, reports, briefs, orders, and other relevant documents, shall be filed under seal by the clerk of the co…

9:3-53. Costs of proceedings 17. The costs of all proceedings pursuant to P.L.1977, c.367 (C.9:3-37 et seq.) shall be borne by the plaintiff, including the costs incurred by an approved agency acting pursuant to an order of the court; except that the approved agency may waive par…

9:3-54.1 Rules, regulations. 19. The Commissioner of Children and Families shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations necessary to implement the provisions of this act. L.1993, c.345, s.19; amended 2006…

9:3-54.2 Home study, fingerprint and criminal data. 21. a. (1) In addition to meeting the other requirements established by the Department of Children and Families, a home study completed by an approved agency shall include a recommendation regarding the suitability of the home f…

9:3-55. Report of prospective parents. 19. a. A prospective parent who is not a brother, sister, aunt, uncle, grandparent, resource family parent, birth father or stepparent of the child to be adopted shall file before the complaint is heard, in accordance with court rules, a det…

9:3-56. Severability If any provision of this act, or any application of any provision, is held invalid, the invalidity shall not affect other applications of the provision, or other provisions of the act, which reasonably can be given effect despite the invalidity. To this end, …