Sponsored by:
Senator TROY SINGLETON
District 7 (Burlington)
SYNOPSIS
Requires certain permanency hearing to be held at least every six months.
CURRENT VERSION OF TEXT
As amended by the Senate on June 21, 2021.
An Act concerning permanency hearings and amending P.L.1974, c.119 and P.L.1999, c.53.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 34 of P.L.1974, c.119 (C.9:6-8.54) is amended to read as follows:
34. a. For the purpose of section 31 of P.L.1974, c.119 (C.9:6-8.51), the court may place the child in the custody of a relative or other suitable person or the division for the placement of a child after a finding that the division has made reasonable efforts to prevent placement or that reasonable efforts to prevent placement were not required in accordance with section 24 of P.L.1999, c.53 (C.30:4C-11.2).
b. (1) Placements under this section may be for an initial period of 12 months and the court, in its discretion, may at the expiration of that period, upon a hearing make successive extensions for additional periods of up to one year each. The court on its own motion may, at the conclusion of any period of placement, hold a hearing concerning the need for continuing the placement.
(2) The court shall conduct a permanency hearing for the child no later than 30 days after placement in cases in which the court has determined that reasonable efforts to reunify the child with the parent or guardian are not required pursuant to section 25 of P.L.1999, c.53 (C.30:4C-11.3), or no later than 12 months after placement in cases in which the court has determined that efforts to reunify the child with the parent or guardian are required. The hearing shall include, but not necessarily be limited to, consideration and evaluation of information provided by the division and other interested parties regarding such matters as those listed in subsection c. of section 50 of P.L.1999, c.53 (C.30:4C-61.2).
(3) The court shall review the permanency plan for the child periodically, as deemed appropriate by the court, to ensure that the permanency plan is achieved.
(4) 1[If the child remains in placement more than 12 months, the court shall conduct a permanency hearing at least every six months commencing from the date of the initial permanency hearing conducted pursuant to subparagraph (2) of this section]1 The court shall conduct a review hearing at least every three months. At this quarterly review hearing, the court may, upon notice in accordance with the court rules, review the permanency plan and any other issues related to the health and well-being of the child as the court deems appropriate1.
c. No placement may be made or continued under this section beyond the child's eighteenth birthday without his consent.
d. If the parent or person legally responsible for the care of any such child or with whom such child resides receives public assistance and care, any portion of which is attributable to such child, a copy of the order of the court providing for the placement of such child from his home shall be furnished to the appropriate county welfare board, which shall reduce the public assistance and care furnished to such parent or other person by the amount attributable to such child.
(cf: P.L.1999, c.213, s.2)
2. Section 50 of P.L.1999, c.53 (C.30:4C-61.2) is amended to read as follows:
50. a. A permanency hearing shall be held that provides review and approval by the court of the placement plan:
(1) within 30 days after the determination of an exception to the reasonable effort requirement to reunify the child with the parent in accordance with section 25 of P.L.1999, c.53 (C.30:4C-11.3);[ or] 1; or1
(2) no later than 12 months after the child has been in placement1[; or
(3) at least every six months commencing from the date of the initial permanency hearing held pursuant to subparagraph (2) of this section if the child remains in placement for more than 12 months]1.
b. Written notice of the date, time and place of the permanency hearing shall be provided at least 15 days in advance to the following, each of whom shall be entitled to attend the hearing and to submit written information to the court:
(1) the division or agency;
(2) the child;
(3) the parents, including a non-custodial parent or legal guardian;
(4) the temporary caretaker;
(5) any other person or agency whom the court determines has an interest in or information relating to the welfare of the child;
(6) the counsel for a parent, child or other interested party who has provided or is providing representation in the case before the court; and
(7) the child's resource family parent or relative providing care for the child shall also receive written notice of, and shall have a right to be heard at, the hearing, but the resource family parent or relative shall not be made a party to the hearing solely on the basis of the notice and right to be heard.
c. The hearing shall include, but not necessarily be limited to, consideration and evaluation of information provided by the division and other interested parties regarding such matters as:
(1) a statement of the goal for the permanent placement or return home of the child and the anticipated date that the goal will be achieved;
(2) the intermediate objectives relating to the attainment of the goal;
(3) a statement of the duties and responsibilities of the division, the parents or legal guardian and the temporary caretaker, including
the services to be provided by the division to the child and to the temporary caretaker;
(4) a statement of the services to be provided to the parent or legal guardian or an exception to the requirement to provide reasonable efforts toward family reunification in accordance with section 25 of P.L.1999, c.53 (C.30:4C-11.3). Services to facilitate adoption or an alternative permanent placement may be provided concurrently with services to reunify the child with the parent or guardian;
(5) a permanency plan which includes whether and, if applicable, when:
(a) the child shall be returned to the parent or guardian, if the child can be returned home without endangering the child's health or safety;
(b) the division has determined that family reunification is not possible and the division shall file a petition for the termination of parental rights for the purpose of adoption; or
(c) the division has determined that termination of parental rights is not appropriate in accordance with section 31 of P.L.1999, c.53 (C.30:4C-15.3) and the child shall be placed in an alternative permanent placement.
d. If the court approves a permanency plan for the child, the court shall make a specific finding of the reasonable efforts made thus far by the division and the appropriateness of the reasonable efforts to achieve the permanency plan.
1e. At a hearing conducted at least every three months pursuant to section 34 of P.L.1974, c.119 (C.9:6-8.54), the court may, upon notice in accordance with the rules of court, review the permanency plan and any other issues regarding the health and well-being of the child as the court deems appropriate.1
(cf: P.L.2007, c.228, s.8)
3. This act shall take effect immediately.