New Jersey DCPP Lawyers Explain What Families Need To Know
When the Division of Child Protection and Permanency (DCPP) removes a child from a home in New Jersey, grandparents and other relatives often find themselves caught in a system they never expected to face. They want to step in and care for the child, but they don’t know whether they have any legal standing to do so, or what the process involves. The short answer is that New Jersey gives relatives a meaningful role in placement decisions, but that role comes with real requirements and real deadlines.
New Jersey law requires DCPP to look for suitable relatives before placing a child with an unrelated foster family. DCPP also has a statutory obligation to conduct a thorough search for relatives willing and able to care for the child. That means relatives are not just an afterthought in these cases. They are the preferred option.
Our New Jersey DCPP attorneys at Williams Law Group, LLC, thoroughly understand how the system works. That’s because we have represented many parents, grandparents, and other relatives in child welfare matters throughout the state. Whether you want to take in a relative’s child, protect your access to a grandchild, or understand what rights you hold once a child is placed with you, this article explains what New Jersey law actually says and what steps you need to take.
Does DCPP Have To Consider Relatives Before Placing A Child In Foster Care?
Yes. New Jersey law requires DCPP caseworkers to make a genuine effort to identify and contact relatives before placing a child with an unrelated resource family (a resource family is the term New Jersey uses for licensed foster families). DCPP must reach out to relatives quickly because foster placements are meant to be short-term, and the sooner a relative steps forward, the less disruption the child experiences.
If you are a grandparent, aunt, uncle, or other relative and you want to be considered as a caregiver, you should contact DCPP directly and make your interest known as early as possible. Caseworkers may not automatically know who the family members are or how to reach them. If you wait too long, a placement may already be in place, and changing it becomes significantly harder.
Under N.J.S.A. 30:4C-12.1, DCPP is required to document its relative search efforts in the case record. If DCPP fails to make that effort, an attorney can raise that failure in court proceedings. Knowing the law matters, and having legal guidance from the start helps make sure the agency follows its own rules.
What Rights Do Relatives Have Once A Child Is Placed With Them?
Once a child is placed with a relative and that relative becomes a licensed resource family, New Jersey treats them the same as any other licensed foster parent. That means the relative gains a set of rights that are legally protected, not just informal courtesies.
Licensed relatives caring for a child in DCPP placement have the right to:
- Be involved in the child’s case plan: A licensed resource family has the right to participate in case planning meetings and to receive information about services being offered to the child.
- Receive services and financial support: Licensed relatives may be eligible for the same board rate payments and services provided to traditional foster families, including help with the child’s clothing and other basic needs.
- Be notified about court hearings: Resource families, including relatives, are entitled to receive notice of hearings related to the child in their care and to attend those hearings, even if they are not a party to the case.
- Provide input to the court: A licensed relative caring for a child can address the court directly about the child’s adjustment and well-being in their home, even without formal legal standing as a party.
- Be considered for long-term placement: If reunification with the birth parents is not possible, a licensed relative caregiver will be given preference over unrelated foster families when DCPP considers long-term placement options.
These rights only apply once the relative completes the licensing process. A relative who is caring for a child informally, without becoming a licensed resource family, does not have these protections and can be removed from the placement without the same procedural safeguards.
How Does A Relative Become A Licensed Resource Family In New Jersey?
When DCPP places a child with a relative, it must begin the licensing process within five days of the placement. That process is the same one DCPP uses for traditional foster families. It includes background checks on all adults living in the home, a home inspection, and a review of the relative’s financial situation and ability to meet the child’s needs. The goal is to make sure the placement is safe and stable, not to create unnecessary barriers.
The background check will look at criminal history and any prior DCPP findings against the adults in the household. A prior substantiated finding of abuse or neglect can disqualify a relative from being licensed, as can certain criminal convictions. If you are a relative interested in taking in a child, it is worth reviewing your own history before the process begins. An attorney can help you understand whether anything in your past is likely to create a problem.
Relatives who want to care for a child long-term should also be aware that placement with a relative is still considered temporary under New Jersey law, even after licensing. The state’s goal remains reunification with the birth parents whenever that is safely possible. If reunification does not happen, the relative may eventually pursue a more permanent arrangement through kinship legal guardianship or, in some cases, adoption.
What Is Kinship Legal Guardianship, and How Is It Different From Foster Care?
Kinship legal guardianship is a more permanent legal arrangement that gives a relative most of the same rights and responsibilities as a birth parent. It’s different from being a licensed resource family, which is essentially a temporary foster placement. Kinship legal guardianship does not require the birth parents to lose their parental rights permanently, but it does transfer significant legal authority to the guardian for as long as the arrangement is in place.
Under N.J.S.A. 3B:12A-1 et seq., kinship legal guardianship is designed for situations where a child has been living with a relative for an extended period, reunification with the birth parents is unlikely, and adoption is not the right fit. The law recognizes that many relatives who care for a child do not want to sever the child’s legal connection to the birth parents entirely, and kinship legal guardianship gives them a middle path.
To qualify, the person seeking guardianship must be a relative or close family friend, must have lived with the child for at least 12 months, must show that the child’s parents are unable or unavailable to care for the child, and must demonstrate that the arrangement is in the child’s best interest. The Superior Court, Chancery Division, Family Part handles these petitions throughout New Jersey.
What Rights Does A Kinship Legal Guardian Have In New Jersey?
The rights of a kinship legal guardian in New Jersey are spelled out in N.J.S.A. 3B:12A-4. They are extensive and closely mirror the rights of a birth parent in everyday caregiving decisions. There are two notable limits, explained at the end.
A kinship legal guardian in New Jersey has the legal authority to:
- Make medical and mental health decisions: The guardian can consent to routine and emergency medical care, authorize mental health treatment, and manage all health-related decisions for the child without needing the birth parent’s consent.
- Make educational decisions: The guardian can enroll the child in school, consent to educational plans including special education placements, and make all day-to-day academic decisions on the child’s behalf.
- Apply for benefits and services: The guardian can apply for financial assistance, government benefits, and social services for which the child is eligible, including applying for a driver’s license or college admission when the time comes.
- Manage the child’s daily life: The guardian is legally responsible for the child’s safety, stability, and overall well-being in the same way a parent would be, without needing to check with the birth parents on routine decisions.
- Receive a kinship care subsidy: Depending on the circumstances, a kinship legal guardian may qualify for financial assistance from the state through New Jersey’s kinship care subsidy program, which can help cover the costs of raising a child.
There are two things a kinship legal guardian cannot do that a parent can: consent to the child’s adoption, and consent to a legal name change for the child. Those rights remain with the birth parents. The guardianship lasts until the child turns 18, or until a court ends it earlier for good cause.
Can Relatives Participate In DCPP Court Hearings?
Yes, but the extent of participation depends on the relative’s legal status. A relative who has been formally licensed as a resource family has the right to receive notice of court hearings and to attend them. A relative who has been granted kinship legal guardianship is a party to the guardianship proceedings and has the right to formal legal representation in those matters.
Relatives who have not yet been licensed or granted guardianship still have the practical ability to make themselves known to the court. An attorney can file a motion or make a written submission on a relative’s behalf, asking the court to consider placement with that relative. Courts in New Jersey do give weight to family connections when making placement decisions, especially when the placement would maintain the child’s ties to siblings, extended family, culture, and community.
Permanency hearings, which courts hold at regular intervals in DCPP cases to review the child’s placement plan, are a key opportunity for relatives to present their situation to the judge. If you have a child in your care or want to be considered for placement, having legal counsel at those hearings gives you the strongest possible voice in the outcome.
How Can A New Jersey DCPP Attorney Help You?
DCPP cases move fast in New Jersey. By the time most relatives realize they need to act, important deadlines have already passed, and placements have already been made. Getting into the case early, before a non-relative foster family is established and the child is settled elsewhere, gives you the best chance of making the placement happen or keeping a placement you already have.
Our experienced New Jersey DCPP lawyers at Williams Law Group, LLC handle cases for parents and relatives throughout New Jersey. Attorney Alvin Eugene Richards III devotes the majority of his practice to child welfare and DCPP matters, and he brings clear, steady guidance to families navigating some of the most difficult situations they will ever face. Whether you are a grandparent trying to keep a grandchild out of the foster system, a relative who has been caring for a child and wants to formalize that arrangement, or a parent trying to make sure your child stays within the family during an investigation, our legal team can help you understand your rights and take the right steps.
Contact us to speak with our New Jersey DCPP attorneys. We understand the urgency and the importance of your legal case. That’s why we want to meet with you right away. We represent families throughout the state from our offices in Parsippany, Short Hills, Hoboken, Tinton Falls, Cranford, and Saddle Brook.
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