Requires resource family parent, relative, preadoptive parent, or caretaker to be party to reviews or hearings involving a child under the Division of Child Protection and Permanency in the Department of Children and Families' care.

A4659

ASSEMBLY, No. 4659

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 10, 2026

Sponsored by:

Assemblywoman� AURA K. DUNN

District 25 (Morris and Passaic)

SYNOPSIS

���� Requires resource family parent, relative,
preadoptive parent, or caretaker to be party to reviews or hearings involving a
child under the Division of Child Protection and Permanency in the Department
of Children and Families� care.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning resource family care and amending
P.L.1999, c.53 and P.L.1977, c.424.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 3 of P.L.1999,
c.53 (C.9:3-45.2) is amended to read as follows:

���� 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 receive written notice of,
[
and
]
shall have a
right to be heard at,
and shall be made party to,
any review or hearing
held with respect to the child
[
,
but the resource family parent or relative shall not be made a party to the
review or hearing solely on the basis of the notice and right to be heard
]
.

(cf: P.L.2012, c.16, s.17)

���� 2.��� Section 5 of P.L.1999,
c.53 (C.9:6-8.19a) is amended to read as follows:

���� 5.��� 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 receive written notice of
[
and
]
, have

an opportunity to be heard at
, and shall be made party to,
any review or
hearing held with respect to the child
[
,
but the resource family parent or relative shall not be made a party to the
review or hearing solely on the basis of the notice and opportunity to be heard
]
.

(cf: P.L.2012, c.16, s.30)

���� 3.��� Section 28 of P.L.1999,
c.53 (C.30:4C-12.2) is amended to read as follows:

���� 28.� 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 receive written notice of,
[
and
]
shall have a
right to be heard at,
and shall be made party to,
any review or hearing
held with respect to the child
[
,
but the resource family parent or relative shall not be made a party to the
review or hearing solely on the basis of the notice and right to be heard
]
.

(cf: P.L.2012, c.16, s.64)

���� 4.��� Section 5 of P.L.1977,
c.424 (C.30:4C-54) is amended to read as follows:

���� 5.��� The court shall, within
15 days following receipt of the notice of the initial placement pursuant to a
voluntary agreement, determine, based solely upon the petition and other
affidavits and written materials submitted to the court, whether or not reasonable
efforts have been made to prevent the placement and whether or not the
continuation of the child in his home would be contrary to the welfare of the
child, and either approve the placement or order the return of the child to his
home, except that, lack of reasonable efforts to prevent placement shall not be
the sole basis for the court's order of a return of the child to his home.

���� If the division has documented
an exception to the requirement to provide reasonable efforts towards family
reunification, the court shall make a finding of whether reasonable efforts are
required in accordance with section 25 of P.L.1999, c.53 (C.30:4C-11.3). The
child's health, safety
,
and need for permanency shall be of paramount
concern to the court when it makes its finding.

���� The court also may require the
submission of supplementary material or schedule a summary hearing if:

���� a.���� The court has before it
conflicting statements of material fact;

���� b.��� The court determines
that it is in the best interest of the child; or

���� c.���� The child's parents or
legal guardian requests the hearing.

���� The court shall provide
written notice to the parties involved in the hearing at least five days prior
to the hearing.� The court shall provide written notice of the date, time and
place of
[
such
]
the

hearing to the parents or legal guardian of the child, the child or the child's
counsel, the child's temporary caretaker, the division, and any other party the
court deems appropriate.� If the child's caretaker is a resource family parent,
preadoptive parent
,
or relative, the caretaker shall receive written
notice of,
[
and
]
shall have a
right to be heard at,
and shall be made a party to,
the hearing
[
, but the
caretaker shall not be made a party to the hearing solely on the basis of the
notice and right to be heard
]
.

(cf: P.L.2007, c.228, s.5)

���� 5.��� Section 10 of P.L.1977,
c.424 (C.30:4C-59) is amended to read as follows:

���� 10.� Each board shall provide
written notice of the date, time and place of each review at least 15 days in
advance to the following, each of whom shall be entitled to attend the review
and to submit information in writing to the board:

���� a.���� The division or agency;

���� b.��� The child;

���� c.���� The parents including a
non-custodial parent or legal guardian;

���� d.��� The temporary caretaker;

���� e.���� Any other person or
agency whom the board determines has an interest in or information relating to
the welfare of the child;

���� f.���� The counsel for a
parent, child
,
or other interested party who has provided or is
providing representation in the case before the board; and

���� If the child's caretaker is a
resource family parent or relative, the caretaker shall receive written notice
of,
[
and
]
shall have a
right to be heard at,
and shall be made party to,
the review
[
, but the
caretaker shall not be made a party to the review solely on the basis of the
notice and right to be heard
]
.
The board may determine who may be in attendance at any particular portion of
its meeting.� Nothing herein shall be interpreted to exclude judges and court
support staff from attending review board meetings.

���� The written notice shall
inform the person of his right to attend the review and to submit written
information and shall be prepared in a manner which will encourage the person's
attendance at the review.

���� Notice to the child may be
waived by the court on a case by case basis either on its own motion or on the
petition of any of the above persons in cases where the court determines that
notice would be harmful to the child.� A waiver of notice to the child shall
not waive the notice requirement to counsel for the child or other
representatives of the child.

���� The review board may seek
information from any agency which has been involved with the child, parents or
legal guardian
,
or temporary caretaker. If the agency fails to provide
the requested information, the court may, upon the request of the board, issue
a
[
subpena
]

subpoena

to the agency for the information.

���� The board shall conduct a
review and make recommendations based upon the written materials; provided,
however, that the board shall afford any party or person entitled to notice
pursuant to this section a reasonable opportunity to appear and to present his
views and recommendations.� Upon the request of the board, the Family Part of
the Chancery Division of the Superior Court may
[
subpena
]

subpoena
a person to
attend the review board meeting.

���� A designated agency shall
provide relevant and necessary information to the board regarding a child who
is reviewed by the board.

(cf: P.L.2007, c.228, s.6)

���� 6.��� Section 12 of P.L.1977,
c.424 (C.30:4C-61) is amended to read as follows:

���� 12.� a.� Upon review of the
board's report, the Family Part of the Chancery Division of the Superior Court
shall issue an order concerning the child's placement which it deems will best
serve the health, safety
,
and interests of the child.� The court shall
issue the order within 21 calendar days of the court's receipt of the board's
report unless the court schedules a summary hearing.� The court shall either:

���� (1)�� Order the return of the
child to his parents or legal guardian within two weeks and order the division
or designated agency, as appropriate, to provide any reasonable and available
services which are necessary to implement the return home;

���� (2)�� Order continued
placement on a temporary basis until the long-term goal is achieved; or

���� (3)�� Order continued
placement on a temporary basis but that the division shall provide further
information within two weeks to the court, which information shall be reviewed
by the board within 30 days of its receipt.

���� (4)�� (Deleted by amendment,
P.L.1987, c.252.)

���� In accordance with section 8
of P.L.1984, c.85 (C.30:4C-61.1), the court may order that the division shall
not return a child to his home prior to review by the board and an order of the
court. In addition, if the placement plan does not satisfy the criteria of
section 9 of P.L.1977, c.424 (C.30:4C-58), the court shall order that the
placement plan be modified or that a new plan be developed within 30 days.

���� b.��� In reviewing the report,
the court may request that, where available, any written or oral information
submitted to the board be provided to the court.� The court shall make a
determination based upon the report and any other information before it; provided,
however, that the court may schedule a summary hearing if:

���� (1)�� The court has before it
conflicting statements of material fact which it cannot resolve without a
hearing; or

���� (2)�� A party entitled to
participate in the proceedings requests a hearing; or

���� (3)�� The court concludes that
the interests of justice require that a hearing be held; or

���� (4)�� The board recommends
that a hearing be held due to lack of compliance with the placement plan,
including achievement of the permanent placement identified in the permanency
plan; or

���� (5)�� The division has
documented an exception to the requirement to provide reasonable efforts toward
family reunification pursuant to section 25 of P.L.1999, c.53 (C.30:4C-11.3);
or

���� (6)�� If the review is to
serve as a permanency hearing.

���� c.���� Notice of such hearing,
including a statement of the dispositional alternatives of the court, shall be
provided at least 30 days in advance, unless the court finds that it is in the
best interest of the child to provide less notice in order to conduct the
hearing sooner.� Notice shall be provided to the following persons unless the
court determines it is not in the best interests of the child:

���� (1)�� The division;

���� (2)�� The child;

���� (3)�� The child's parents
including a non-custodial parent or legal guardian;

���� (4)�� The review board;

���� (5)�� The temporary caretaker;

���� (6)�� The counsel for any
parent, child
,
or other interested party who has provided or is
providing representation in the case before the board; and

���� (7)�� If the child's caretaker
is a resource family parent or relative, the caretaker shall receive written
notice of,
[
and
]
shall have a
right to be heard at,
and shall be made party to,
the hearing
[
, but the
caretaker shall not be made a party to the hearing solely on the basis of the
notice and right to be heard
]
.

���� The court may also request or
order additional information from any other persons or agencies which the court
determines have an interest in or information relating to the welfare of the
child.

���� The court shall hold the
hearing within 60 days of receipt of the board's report and shall issue its
order within 15 days of the hearing.

���� d.��� The court shall send a
copy of its order concerning the child's placement to all persons listed in
subsection c. of this section, except that, if notice to the child of the board
review was waived pursuant to section 10 of P.L.1977, c.424 (C.30:4C-59), the
court may waive the requirement of sending a copy of its order to the child.

���� e.���� Any person who receives
a copy of the court order shall comply with the confidentiality requirements
established by the Supreme Court for the purposes of this act.

(cf: P.L.2007, c.228, s.7)

���� 7.��� 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

���� (2)�� no later than 12 months
after the child has been in placement.

���� 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,
and shall be made party to,
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.

(cf: P.L.2007, c.228, s.8)

���� 8.��� This act shall take
effect immediately.

STATEMENT

���� This bill amends various
sections of P.L.1999, c.53 and P.L.1977 c.424 to require that a resource family
parent, relative, preadoptive parent, or temporary caregiver, as applicable,
providing care to a child under the care or custody of the Division of Child
Protection and Permanency in the Department of Children and Families, be made
party to any review or hearing held in regard to the child.� Currently, a
resource family parent, relative, preadoptive parent, or temporary caregiver
can receive written notice of, and be heard at, any review or hearing in regard
to the child but is not allowed to be made a party to the review or hearing.