9:3-47 Action on complaint for adoption of child received from approved agency.
11. a. When the child to be adopted has been received from an approved agency, the prospective parent shall file with the court a complaint for adoption after the child has been in the home of the prospective parent for at least six months. In the discretion of the approved agency, a complaint may be filed prior to that time and the court may schedule a hearing to resolve all matters except finalization of the adoption. The adoption shall not be finalized under this section unless the child has been in the home of the adoptive parent for at least six months. The complaint shall be accompanied by a consent to the plaintiff's adoption of the child signed and acknowledged by an authorized officer or representative of the approved agency; except that failure or refusal on the part of the approved agency to give consent, or withdrawal of consent on the part of the approved agency, shall not preclude an action for adoption.
b. Upon the filing of the complaint, the court shall set a date for the adoption hearing not less than 10 nor more than 30 days from the date of institution of the action unless a longer period shall be required in order to obtain service of notice upon one or more of the people entitled thereto and shall order the approved agency concerned to file at least five days prior to the hearing a written report which shall describe the circumstances surrounding the surrender of the child and shall set forth the results of the agency's evaluation of the child, the plaintiff and any other person residing in the proposed adoptive home; and the agency's assessment of the care being received by the child and the adjustment of the child and the plaintiff as members of a family.
Upon the request of a surrogate and not more than 30 days prior to the hearing, the court shall conduct a search of the records of the central registry established pursuant to section 1 of P.L.1999, c.421 (C.2C:25-34) to determine whether a prospective adoptive parent or any member of the parent's household has:
(1) ad a domestic violence restraining order entered against them; or
(2) been charged with a violation of a court order involving domestic violence.
The court shall provide the results of the search to the surrogate for inclusion in the court's adoption file. If the results of the search contain any material findings or recommendations adverse to the plaintiff, the surrogate shall provide the material findings or recommendations to the approved agency.
If the agency's report contains or the results of the court's search of the central registry contain any material findings or recommendations adverse to the plaintiff, the agency shall serve a copy of that part of the agency's report or the results of the court's search upon the plaintiff at least five days prior to the hearing and the court shall appoint a guardian ad litem for the child in the adoption proceeding if the court determines that a guardian is necessary to represent the best interests of the child. If the approved agency that placed the child with the plaintiff has not consented to the adoption, the court may appoint another approved agency to conduct an investigation and make recommendations in the matter. The appointment shall not deprive the placing agency of standing to appear at the hearing and contest the adoption. Personal appearance at the hearing by a representative of the approved agency conducting the investigation may be dispensed with by the court if the agency's report favors the adoption. If an appearance is required, the approved agency shall be entitled to present testimony and to cross-examine witnesses and shall be subject to cross-examination with respect to its report and recommendations in the matter. The appearance of the child to be adopted shall not be required unless ordered by the court or unless the inquiry pursuant to section 13 of P.L.1977, c.367 (C.9:3-49) indicates that the child is opposed to the adoption.
c. The adoption hearing shall be held in camera. If a parent of the child has made an objection to the adoption, in accordance with section 10 of P.L.1977, c.367 (C.9:3-46), the court shall take evidence relating to the objection. If the court finds against the objecting parent in accordance with subsection a. of section 10 of P.L.1977, c.367 (C.9:3-46), it shall make an order terminating the parental rights of the parent and proceed with the hearing.
d. If, based upon the approved agency's report and the evidence presented at the hearing, the court is satisfied that the best interests of the child would be promoted by the adoption, the court shall enter a judgment of adoption. If, based upon the approved agency's report and the evidence presented at the hearing, the court is not satisfied that the best interests of the child would be promoted by the adoption, the court shall deny the adoption and make such further order concerning the custody and guardianship of the child as may be deemed proper in the circumstances.
L.1977,c.367,s.11; amended 1993, c.345, s.10; 2003, c.286, s.2.
Structure New Jersey Revised Statutes
Title 9 - Children--Juvenile and Domestic Relations Courts
Section 9:2-3 - Custody of children of parents living separately; powers of court
Section 9:2-4 - Custody of child; rights of both parents considered.
Section 9:2-4a - Best interest of child primary consideration.
Section 9:2-4.2 - Parental access to children's records.
Section 9:2-7 - Habeas corpus to determine custody of child; access to child
Section 9:2-7.1 - Visitation rights for grandparents, siblings
Section 9:2-7.2 - Concealment of child; preliminary hearing as to custody
Section 9:2-9 - Unfit parents and custodians, court action to grant relief
Section 9:2-10 - Order for proper care of child
Section 9:2-14 - Surrender of child custody; validity
Section 9:2-15 - Surrender or termination of rights of one parent; rights of other parent
Section 9:2-16 - Voluntary surrender to approved agency
Section 9:2-17 - Form of surrender
Section 9:2-18 - Procedure to terminate parental rights
Section 9:2-19 - Grounds for terminating custody.
Section 9:2-20 - Judgment terminating rights; effect of judgment
Section 9:2-21 - Effective date
Section 9:3-37 - Liberal construction; rights of affected persons.
Section 9:3-39.1 - Offering, assisting in the placement of child for adoption, conditions.
Section 9:3-39.2 - Provision of certain information.
Section 9:3-39.3 - Request for certain information.
Section 9:3-40 - Qualification of agencies for approval.
Section 9:3-40.2 - Definitions relative to adoption agencies.
Section 9:3-40.3 - Criminal history record background check for staff members of adoption agency.
Section 9:3-40.4 - Request for criminal history record background check by agency.
Section 9:3-40.5 - Disqualification of staff member for employment.
Section 9:3-40.6 - Convincing evidence of rehabilitation.
Section 9:3-40.7 - Immunity from liability relative to disclosure of information by agency.
Section 9:3-40.8 - Child abuse record information check by agency.
Section 9:3-40.10 - Adoption agencies located out-of-State.
Section 9:3-40.11 - Regulations unaffected.
Section 9:3-41 - Surrender of child
Section 9:3-41.1 - Provision of available information on child's development to prospective parent.
Section 9:3-42 - Jurisdiction in Chancery, venue
Section 9:3-43 - Instituting adoption actions; qualifications
Section 9:3-43.1 - Conditions for recognizing foreign adoptions, certain circumstances.
Section 9:3-44 - Filing of complaint.
Section 9:3-45 - Notice of complaint to parents.
Section 9:3-45.1 - Rules, regulations.
Section 9:3-45.2 - Resource family relative, parent, notice, right to be heard.
Section 9:3-46 - Objection to adoption.
Section 9:3-47 - Action on complaint for adoption of child received from approved agency.
Section 9:3-48 - Action on complaint for adoption of child not received from approved agency.
Section 9:3-49 - Age 10 or older, hearing appearance, child's wishes
Section 9:3-50 - Entry of judgment of adoption, effect; inheritance rights
Section 9:3-51 - Judgments of adoption; records.
Section 9:3-52 - Court records of proceedings.
Section 9:3-53 - Costs of proceedings
Section 9:3-54.1 - Rules, regulations.
Section 9:3-54.2 - Home study, fingerprint and criminal data.
Section 9:3-55 - Report of prospective parents.
Section 9:3A-3 - Department of Children and Families established.
Section 9:3A-4 - Definitions relative to Department of Children and Families.
Section 9:3A-5 - Commissioner of Children and Families.
Section 9:3A-6 - Designation of final decision maker for contested cases.
Section 9-3A-7 - Responsibilities, duties of commissioner.
Section 9:3A-7.1 - Regulations for implementing provisions of act establishing the department.
Section 9:3A-7.4 - Standardized admission protocols for transfer of child to psychiatric facility.
Section 9:3A-7.5 - DCF rules, regulations.
Section 9:3A-8 - Necessary investigations; powers.
Section 9:3A-10 - "Office of Children's Services" refers to Department of Children and Families.
Section 9:3A-11 - Transfer of certain DHS staff to department.
Section 9:3A-12 - Act subject to C.52:14D-1 et seq.
Section 9:3A-13 - Inapplicability of act.
Section 9:3A-14 - Criminal history record information check for certain employees.
Section 9:3A-15 - "Mom2Mom Peer Support Program" helpline.
Section 9:3A-16 - List of credentialed resources, behavioral health care providers.
Section 9:3A-17 - Annual consultation.
Section 9:6-1 - Abuse, abandonment, cruelty and neglect of child; what constitutes
Section 9:6-1.1 - Treatment of ill children according to religious tenets of church
Section 9:6-2 - "Parent" and "custodian" defined.
Section 9:6-3 - Cruelty and neglect of children; crime of fourth degree; remedies
Section 9:6-3.1 - Suspension; due process rights; remedial plan.
Section 9:6-4 - Jurisdiction of complaints
Section 9:6-5 - Complaints, who may prefer
Section 9:6-6 - Disposition of fines, penalties and forfeitures
Section 9:6-7 - Agents of societies commissioned as police officers and constables
Section 9:6-8 - Warrants to enter place of supposed violation, arrest
Section 9:6-8.8 - Health, safety, best interest of child paramount concern.
Section 9:6-8.9 - "Abused child" defined
Section 9:6-8.10 - Report of abuse.
Section 9:6-8.10a - Records of child abuse reports; confidentiality; disclosure.
Section 9:6-8.10b - Permitting or encouraging release of record or report; penalty
Section 9:6-8.10c - Child abuse record information check on designated caretaker.
Section 9:6-8.10d - Rules, regulations.
Section 9:6-8.10e - Check of child abuse registry for guardians.
Section 9:6-8.10f - Check of abuse registry relative to individuals seeking employment.
Section 9:6-8.11 - Actions to ensure safety of child; investigation; report.
Section 9:6-8.12 - Emergency telephone services for child abuse and neglect calls.
Section 9:6-8.14 - Violations, degree of crime.
Section 9:6-8.15 - Rules and regulations.
Section 9:6-8.17 - Report of action of taking protective custody of child.
Section 9:6-8.18 - Division of Child Protection and Permanency, actions upon receipt of report.
Section 9:6-8.19 - Notice to parents or guardian; visitation rights; limitation on period.
Section 9:6-8.19a - Resource family parent, notice, opportunity to be heard.
Section 9:6-8.21 - Definitions.
Section 9:6-8.22 - Jurisdiction of Superior Court, Chancery Division, Family Part.
Section 9:6-8.23 - Law guardian; appointment
Section 9:6-8.24 - Jurisdiction.
Section 9:6-8.25 - Transfer to and from the Superior Court
Section 9:6-8.27 - Temporary removal with consent.
Section 9:6-8.28 - Preliminary order of court before preliminary hearing held.
Section 9:6-8.29 - Removal of child without court order.
Section 9:6-8.30 - Action by the division upon emergency removal.
Section 9:6-8.31 - Preliminary orders after filing of complaint.
Section 9:6-8.32 - Hearing to determine if child to be returned.
Section 9:6-8.33 - Originating proceeding to determine abuse or neglect
Section 9:6-8.34 - Persons who may originate proceedings
Section 9:6-8.35 - Preliminary procedure.
Section 9:6-8.36 - Admissibility of statements made during a preliminary conference
Section 9:6-8.36a - Report to prosecutor of all instances of suspected child abuse, neglect.
Section 9:6-8.37 - Issuance of summons
Section 9:6-8.38 - Service of summons
Section 9:6-8.39 - Issuance of warrant and reports
Section 9:6-8.40 - Records involving abuse or neglect.
Section 9:6-8.40a - Expungement of unfounded allegations.
Section 9:6-8.41 - Required findings concerning notice
Section 9:6-8.42 - Effect of absence of parent or guardian
Section 9:6-8.43 - Notice of rights.
Section 9:6-8.44 - Definition of "fact-finding hearing"
Section 9:6-8.45 - Definition of "dispositional hearing"
Section 9:6-8.47 - Sequence of hearings
Section 9:6-8.48 - Adjournments
Section 9:6-8.49 - Priority to certain proceedings.
Section 9:6-8.50 - Sustaining or dismissing complaint
Section 9:6-8.51 - Disposition of adjudication
Section 9:6-8.52 - Suspended judgment
Section 9:6-8.53 - Release to custody of parent or guardian
Section 9:6-8.54 - Placement of child
Section 9:6-8.55 - Order of protection
Section 9:6-8.56 - Probation supervision
Section 9:6-8.57 - Abandoned child
Section 9:6-8.58 - Provision for therapeutic services
Section 9:6-8.58a - Substance abuse assessment of parent of placed child.
Section 9:6-8.58b - Regulations.
Section 9:6-8.59 - Staying, modifying, setting aside or vacating orders
Section 9:6-8.60 - Petition to terminate placement
Section 9:6-8.61 - Service of petition; answer
Section 9:6-8.62 - Examination of petition and answer; hearing
Section 9:6-8.63 - Orders on hearing
Section 9:6-8.64 - Successive petitions
Section 9:6-8.65 - Substitution for original placement
Section 9:6-8.66 - Failure to comply with terms and conditions of suspended judgment
Section 9:6-8.67 - Failure to comply with terms and conditions of probation
Section 9:6-8.68 - Effect of running away from place of placement
Section 9:6-8.69 - Release from responsibility under order of placement
Section 9:6-8.70 - Appealable orders
Section 9:6-8.71 - Appropriations
Section 9:6-8.72 - Rules and regulations
Section 9:6-8.72a - Rules, regulations.
Section 9:6-8.73 - Severability
Section 9:6-8.74 - Short title
Section 9:6-8.75 - "New Jersey Task Force on Child Abuse and Neglect."
Section 9:6-8.76 - Task force membership.
Section 9:6-8.77 - Vacancies; compensation
Section 9:6-8.78 - Providing staff.
Section 9:6-8.79 - Task force's use of services and consultants
Section 9:6-8.80 - Meetings; hearings
Section 9:6-8.81 - Funds, solicitation, use
Section 9:6-8.83 - Short title.
Section 9:6-8.84 - Definitions relative to child abuse, neglect.
Section 9:6-8.85 - Procedures for responding to reports of medical neglect.
Section 9:6-8.86 - Pursuit of legal remedies for medical care.
Section 9:6-8.88 - Child Fatality and Near Fatality Review Board.
Section 9:6-8.89 - Membership, terms of board members.
Section 9:6-8.90 - Duties of board.
Section 9:6-8.91 - Determinations of board; composition of team; report.
Section 9:6-8.92 - Confidential master file.
Section 9:6-8.93 - Subpoena, review of records.
Section 9:6-8.94 - Immunity from liability for civil damages.
Section 9:6-8.95 - Solicitation of grants, other funds.
Section 9:6-8.96 - Regulations by board.
Section 9:6-8.97 - Citizen review panels.
Section 9:6-8.98 - Rules, regulations by department.
Section 9:6-8.98.1 - Study of effects of racial, ethnic disparities on infant mortality.
Section 9:6-8.98.2 - Regulations.
Section 9:6-8.100 - Function of center, staffing.
Section 9:6-8.101 - Purpose of center
Section 9:6-8.102 - Services provided by staff of center.
Section 9:6-8.103 - Safety of child undergoing treatment assured
Section 9:6-8.106 - Rules, regulations.
Section 9:6-8.108 - Definitions relative to child advocacy centers and multidisciplinary teams.
Section 9:6-8.109 - Child Advocacy Center-Multidisciplinary Team Advisory Board.
Section 9:6-8.110 - Duties of board.
Section 9:6-8.111 - Certification program; goal.
Section 9:6-8.112 - "Child Advocacy Center-Multidisciplinary Team Fund."
Section 9:6-8.113 - Distribution of grants.
Section 9:6-8.114 - Rules, regulations.
Section 9:6A-5 - Additional moneys.
Section 9:6A-6 - Deduction of costs.
Section 9:6A-11 - County commissions encouraged.
Section 9:6A-12 - $2,500 grants
Section 9:6A-13 - Rules, regulations
Section 9:6B-2 - Findings, declarations.
Section 9:6B-2.1 - Short title.
Section 9:6B-2.2 - Findings, declarations.
Section 9:6B-4 - Child's rights
Section 9:6B-5 - Public information.
Section 9:6B-6 - Rules, regulations.
Section 9:7-1 - Consent of Commissioner of Institutions and Agencies
Section 9:7-2 - Indemnity bond; conditions
Section 9:7-3 - Violation of s.s. 9:7-1 and 9:7-2; responsibility for care and maintenance of child
Section 9:7-4 - Relative may bring child into state; immunity does not pass to others
Section 9:7-5 - Recovery of penalty in bond
Section 9:7-6 - Blanket consents and approvals; agreements; assignment of powers and duties
Section 9:7-7 - Effective date
Section 9:10-1 - Establishment and management
Section 9:10-2 - Incorrigible, insubordinate and disorderly children and habitual truants
Section 9:10-3 - Scope and purpose of school; personnel
Section 9:10-4 - Superintendents of detention house or school in certain counties
Section 9:10-5 - Records and reports
Section 9:11-1 - Appointment of trustees; number; term; other offices; vacancies
Section 9:11-2 - Organization and powers of trustees; contracts
Section 9:11-3 - Acquisition of site; erection of building
Section 9:11-4 - Master, matron, teachers and employees; rules
Section 9:11-5 - Places of detention
Section 9:11-6 - Payment for maintenance
Section 9:11-7 - Moneys for county youth house; bonds
Section 9:11-8 - Money provided annually
Section 9:11-9 - Use of facilities by other counties and agencies by agreement
Section 9:11-10 - Sale of real estate not needed for public use
Section 9:12-1 - Commitment authorized; powers of board
Section 9:12-2 - Temporary relief of needy child
Section 9:12A-1 - Establishment of children's shelter; management; funds
Section 9:12A-2 - Short title.
Section 9:12A-3 - Findings, declarations relative to homeless youth.
Section 9:12A-4 - Definitions relative to homeless youth.
Section 9:12A-6 - Street outreach program.
Section 9:12A-7 - Basic center shelter program.
Section 9:12A-8 - Transitional living program.
Section 9:12A-9 - Rules, regulations.
Section 9:13-7 - Expenditures for crippled children and children with cerebral palsy
Section 9:13-8 - Funds; how raised
Section 9:14B-1 - County assistance
Section 9:17-4 - Warrants directed to whom
Section 9:17-5 - Reputed father out of county; serving warrant upon
Section 9:17-6 - Bond to be taken; discharge thereon; proceedings when no bond is taken
Section 9:17-39 - Parent and child relationship defined.
Section 9:17-40 - Extent of parent and child relationship
Section 9:17-41 - Parent-child relationship established.
Section 9:17-42 - Closed court; confidentiality of records
Section 9:17-43 - Presumptions.
Section 9:17-44 - Artificial insemination.
Section 9:17-45 - Action to determine existence of parent-child relationship.
Section 9:17-46 - Jurisdiction
Section 9:17-47 - Parties; guardian ad litem
Section 9:17-48 - Consent conference; settlement; contested cases, testing; presumptions.
Section 9:17-49 - Civil action under act; trial by court.
Section 9:17-52 - Evidence relating to paternity.
Section 9:17-52.1 - Default order, effect
Section 9:17-54 - Costs and fees
Section 9:17-55 - Enforcing parties
Section 9:17-56 - Continuing jurisdiction
Section 9:17-58 - Support agreement
Section 9:17-59 - Amended birth record
Section 9:17-62 - Definitions.
Section 9:17-63 - Rights of parentage.
Section 9:17-64 - Eligibility.
Section 9:17-65 - Requirements for a gestational carrier agreement.
Section 9:17-66 - Duty to support.
Section 9:17-67 - Establishment of parent-child relationship.
Section 9:17-68 - Certain provisions of law not applicable to gestational carrier agreements.
Section 9:17-69 - Findings, declarations relative to establishing legal parentage.
Section 9:17-70 - Definitions relative to establishing legal parentage.
Section 9:17-71 - Eligibility to file for adoption.
Section 9:17A-1 - Consent by minor to medical, surgical care
Section 9:17A-1.1 - Short title
Section 9:17A-1.2 - Findings relative to parental notification for abortion
Section 9:17A-1.3 - Definitions relative to parental notification for abortion
Section 9:17A-1.4 - Written notice of pending operation
Section 9:17A-1.5 - Notice not required if parent already notified
Section 9:17A-1.6 - Notice not required if abortion due to medical emergency
Section 9:17A-1.7 - Waiver of parental notification by court proceedings
Section 9:17A-1.8 - Fact sheet for distribution to unemancipated pregnant minors.
Section 9:17A-1.9 - Entitlement to benefits unaffected
Section 9:17A-1.10 - Violation; penalty
Section 9:17A-1.11 - Rules, regulations.
Section 9:17A-1.12 - Provisions of act severable
Section 9:17A-3 - Institution of higher education defined
Section 9:17A-4 - Consent by minor to treatment.
Section 9:17A-4.1 - Admission to treatment programs not affected
Section 9:17A-4.2 - Information provided relative to certain behavioral health provisions.
Section 9:17A-4.3 - Construction.
Section 9:17A-4.4 - Rules, regulations.
Section 9:17A-5 - Informing spouse, parent, custodian or guardian of minor's treatment
Section 9:17A-6 - Consent by person age 17 to donate blood, age 16 with parental consent.
Section 9:17B-1 - Legislative findings
Section 9:17B-2 - Status of 18 to 21-year-olds
Section 9:17B-3 - Majority at 18.
Section 9:21-1 - Report on municipal conditions
Section 9:21-2 - Municipal youth guidance commission
Section 9:22-1 - Municipal youth guidance council
Section 9:22-2 - Joint municipal youth guidance commission in contiguous municipalities
Section 9:22-3 - Terms of members
Section 9:22-4 - Annual organization; meetings
Section 9:22-5 - Duties of guidance council
Section 9:22-6 - Powers of guidance council
Section 9:22-8 - Adjustment committee of guidance council; plan of operation; records; reports
Section 9:22-11 - Appropriations to municipal youth guidance council
Section 9:22-12 - Effective date
Section 9:23-1 - Interstate Compact on juveniles
Section 9:23-1.1 - Authorization to execute amendment
Section 9:23-1.2 - Return of nonresident juveniles charged with crime
Section 9:23-2 - Appointment of compact administrator
Section 9:23-3 - Supplementary agreements with other states
Section 9:23-4 - Payment of financial obligations
Section 9:23-5 - Interstate Compact on the Placement of Children
Section 9:23-6 - Designation of appropriate public authorities.
Section 9:23-7 - Violation of compact, crime of the fourth degree
Section 9:23-8 - State officers, agencies, entering into agreements with party states; permitted
Section 9:23-9 - Governor designated executive head
Section 9:23-10 - Provisions not applicable
Section 9:23-11 - Financial responsibility for child placed in State
Section 9:23-12 - Court to notify Compact Administrator of child brought into State
Section 9:23-13 - Placement of children in foster homes, facilities in adjoining states; permitted
Section 9:23-14 - Agreements between party states for visitation, inspection, supervision
Section 9:23-15 - Temporary removal of child from a detrimental placement; permitted
Section 9:23-16 - Adoption of regulations.
Section 9:23-17 - Jurisdiction of courts not conferred by this act
Section 9:23B-1 - Interstate Compact for Juveniles.
Section 9:23B-2 - Definitions.
Section 9:23B-3 - Interstate Commission for Juveniles.
Section 9:23B-4 - Powers and duties of the interstate commission.
Section 9:23B-5 - Organization and operation of the interstate commission.
Section 9:23B-6 - Rulemaking functions of the interstate commission.
Section 9:23B-7 - Oversight, enforcement and dispute resolution by the interstate commission.
Section 9:23B-9 - The state council.
Section 9:23B-10 - Compacting states, effective date and amendment.
Section 9:23B-11 - Withdrawal, default, termination and judicial enforcement.
Section 9:23B-12 - Severability and construction.
Section 9:23B-13 - Binding effect of compact and other laws.
Section 9:24-2 - Legislative findings and declarations
Section 9:24-3 - Liberal construction
Section 9:24-6 - Rules and regulations
Section 9:24-7 - Authority of commissioner
Section 9:25-2 - Legislative findings and declarations
Section 9:25-4 - Creation; function; administrator; agreements
Section 9:25-4.1 - Youth Corps supervisor, assistant
Section 9:25-6 - Eligibility for enrollment and continuance of membership in corps
Section 9:25-7 - Reasonably remunerative stipends to members of corps on community service projects
Section 9:25-9 - Rules and regulations
Section 9:25-10 - Expenditure of existing funds by commissioner
Section 9:25-11 - Receipt and expenditure of appropriations and other funds