Bill Text: NJ S1362 | 2010-2011 | Regular Session | Chaptered
Bill Title: Provides for minor and her child to remain together as family unit in DYFS placement.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2010-12-08 - Approved P.L.2010, c.98. [S1362 Detail]
Download: New_Jersey-2010-S1362-Chaptered.html
§§1,2 -
C.30:4C-26.20 &
30:4C-26.21
§3 - Note
An Act concerning minors under the care of the Division of Youth and Family Services and supplementing Chapter 4C of Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding any other provision of law to the contrary, if a minor is placed in a resource family home, group home, or institution, pursuant to section 26 of P.L.1951, c.138 (C.30:4C-26), and is pregnant, becomes pregnant, or gives birth to a child while in the placement, the Division of Youth and Family Services in the Department of Children and Families shall provide or arrange for the provision of services to ensure that the minor and her child remain together as a family unit.
b. A Division of Youth and Family Services caseworker shall develop and implement a permanency plan for the minor and her child that will enable the minor to provide a safe and stable home for her child, and shall not limit the minor's legal right to make decisions regarding the care, custody, and supervision of her child. The plan shall address, but shall not be limited to, the following areas:
(1) counseling and advocacy services;
(2) information about and referral to physicians, certified nurse midwives, and other health care professionals providing prenatal care;
(3) medical care, including hospital, maternity, postnatal, and preventive pediatric services; and
(4) maintenance services, including, clothing, food, housing, and financial assistance.
c. If, as a result of the minor's pregnancy or birth of her child, the minor's current placement is no longer available, is inappropriate, or could result in harm to the minor or her child, the caseworker shall locate and place the minor and her child together in a substitute living arrangement.
d. The Division of Youth and Family Services shall not be required to arrange or provide for services to the minor and her child pursuant to subsection a. of this section, if the division has reasonable cause to believe that the minor's child has been subjected to child abuse or acts of child abuse or neglect by the minor.
e. For purposes of this section, "minor" means a person 21 years of age or younger who is under the care and supervision or custody of the Division of Youth and Family Services pursuant to section 12 of P.L.1951, c.138 (C.30:4C-12).
2. The Commissioner of Children and Families shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.
3. This act shall take effect on the 180th day following enactment.
STATEMENT
This bill provides that if a minor is placed in a resource family home, group home, or institution, pursuant to section 26 of P.L.1951, c.138 (C.30:4C-26), and is pregnant, becomes pregnant or gives birth to a child while in the placement, DYFS shall provide or arrange for the provision of services to ensure that the minor and her child remain together as a family unit.
As defined in the bill, "minor" means a person 21 years of age or younger who is under the care and supervision or custody of DYFS pursuant to section 12 of P.L.1951, c.138 (C.30:4C-12).
Under the provisions of the bill, a DYFS caseworker shall develop and implement a permanency plan for the minor and her child that will enable the minor to provide a safe and stable home for the child, and shall not limit the minor's legal right to make decisions regarding the care, custody, and supervision of her child. The plan shall address, but shall not be limited to, the following areas:
● counseling and advocacy services;
● information about and referral to physicians, certified nurse midwives, and other health care professionals providing prenatal care;
● medical care, including hospital, maternity, postnatal, and preventive pediatric services; and
● maintenance services, including, clothing, food, housing, and financial assistance.
If, as a result of the minor's pregnancy or birth of her child, the minor's current placement is no longer available, is inappropriate, or could result in harm to the minor or her child, the caseworker shall locate and place the minor and her child together in a substitute living arrangement.
The bill also prohibits DYFS from arranging or providing for services to the minor and her child pursuant to the provisions of the bill, if DYFS has reasonable cause to believe that the minor's child has been subjected to child abuse or acts of child abuse or neglect by the minor.
Provides for minor and her child to remain together as family unit in DYFS placement.
