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

9:2-12.1 Definitions relative to child custody, parenting time arrangements related to certain military service absences. 1. a. As used in this section: "Deployment" means: (1) the assignment of a service member by military order for military combat, or other military operation, …

9:2-13 Definitions. 1. For the purposes of P.L.1955, c.232 (C.9:2-13 et seq.), the following words and phrases, unless otherwise indicated, shall be deemed to have the following meanings: (a) The phrase "approved agency" means a legally constituted agency having its principal off…

9:2-14. Surrender of child custody; validity Except as otherwise provided by law or by order or judgment of a court of competent jurisdiction or by testamentary disposition, no surrender of the custody of a child shall be valid in this State unless made to an approved agency purs…

9:2-15. Surrender or termination of rights of one parent; rights of other parent No surrender of custody by, nor termination of the parental rights of, one parent shall affect the rights of the other parent; nor may one parent act as the agent or representative of the other paren…

9:2-16. Voluntary surrender to approved agency An approved agency may take a voluntary surrender of custody of a child from the parent of such child, or from such other person or persons who, by order of a court of competent jurisdiction, have been substituted for the parent as t…

9:2-17. Form of surrender The form of any such surrender shall be such as to declare that the person executing the same desires to relinquish the custody of the child, acknowledge the termination of parental rights as to such custody in favor of the approved agency, and acknowled…

9:2-18. Procedure to terminate parental rights 6. An approved agency which is providing supervision of a child may institute an action in the Superior Court, seeking the termination of the rights of the parents of such child and the transfer of custody of such child to the agency…

9:2-19 Grounds for terminating custody. 7. If the court shall determine that custody of the child has been surrendered as provided in Article II of P.L.1955, c.232 (C.9:2-13 et seq.), the court may declare that the person making such surrender shall have no further right to custo…

9:2-2. Custody of children of divorced or separated parents within jurisdiction of Superior Court; removal from jurisdiction; consent; security When the Superior Court has jurisdiction over the custody and maintenance of the minor children of parents divorced, separated or living…

9:2-20. Judgment terminating rights; effect of judgment If the court shall find that the parents of the child should have no further right to custody of the child, or that the custodian or guardian, if any, should have no further control and authority over the person of the child…

9:2-21. Effective date This act shall take effect July 1, 1955. L.1955, c. 232, p. 898, s. 9.

9:2-3. Custody of children of parents living separately; powers of court 9:2-3. When the parents of a minor child live separately, or are about to do so, the Superior Court, in an action brought by either parent, shall have the same power to make judgments or orders concerning ca…

9:2-4. Custody of child; rights of both parents considered. 9:2-4. The Legislature finds and declares that it is the public policy of this State to assure that the protection and welfare, both physically and emotionally, of minor children are held paramount. This can include, but…

9:2-4.1 Person convicted of sexual assault, custody of, visitation to minor child; denied, exceptions. 1. a. Notwithstanding any provision of law to the contrary, a person convicted of sexual assault under N.J.S.2C:14-2 shall not be awarded the custody of or visitation rights to …

9:2-4.2 Parental access to children's records. 1. a. Every parent, except as prohibited by federal and State law, shall have access to records and information pertaining to his or her unemancipated child, including, but not limited to, medical, dental, insurance, child care and e…

9:2-4a Best interest of child primary consideration. 4. Notwithstanding any other provisions of law to the contrary, in any action concerning children undertaken by a State department, agency, commission, authority, court of law, or State or local legislative body, the best inter…

9:2-5. Death of parent having custody; reversion of custody to surviving parent; appointment of guardian by superior court; removal In case of the death of the parent to whom the care and custody of the minor children shall have been awarded by the Superior Court, or in the case …

9:2-7. Habeas corpus to determine custody of child; access to child When any husband and wife shall live in a state of separation without being divorced, and shall have any minor child of the marriage, the Superior Court, upon such child being brought before it upon habeas corpus…

9:2-7.1. Visitation rights for grandparents, siblings 1.a. A grandparent or any sibling of a child residing in this State may make application before the Superior Court, in accordance with the Rules of Court, for an order for visitation. It shall be the burden of the applicant to…

9:2-7.2. Concealment of child; preliminary hearing as to custody 1. When any husband and wife shall live in a state of separation without being divorced and shall have any minor child or children of the marriage, and when either spouse shall willfully conceal the whereabouts of s…

9:2-9. Unfit parents and custodians, court action to grant relief 9:2-9. When the parents of any minor child or the parent or other person having the actual care and custody of any minor child are grossly immoral or unfit to be intrusted with the care and education of such child,…

9:3-37 Liberal construction; rights of affected persons. 1. This act shall be liberally construed to the end that the best interests of children be promoted and that the safety of children be of paramount concern. Due regard shall be given to the rights of all persons affected by…

9:3-38 Definitions. 2. For the purposes of P.L.1977, c.367 (C.9:3-37 et seq.): a. "Approved agency" means a nonprofit corporation, association, or agency, including any public agency, approved by the Department of Children and Families for the purpose of placing children for adop…

9:3-39.1 Offering, assisting in the placement of child for adoption, conditions. 18. a. A person, firm, partnership, corporation, association, or agency shall not place, offer to place, or materially assist in the placement of any child for adoption in New Jersey unless: (1) the …

9:3-39.2 Provision of certain information. 7. In the event that the adopted person was under the care and custody of the Division of Child Protection and Permanency in the Department of Children and Families at the time of the person's adoption, the director of the Division of Ch…

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…