NJSBA Family Law Section

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  • 1.  Adoption/Pending DCPP case

    Posted 08-22-2018 02:46 PM

    I just had a consultation with a woman (potential client –PC) who, together with her husband, seek to adopt the child of a family friend (Mom) and the child's biological father (Dad).

    PC and her husband had been supervisors (approved by DCPP) 2 years ago when Mom and Dad ran into problems (addiction/minor criminal offenses).  Mom's and Dad's kids (5 month old baby girl and 16 year old boy) continued to live with Mom and Dad but PC or her husband had to supervise all visits.  For a portion of time, the 2 children resided with PC and her husband.  Those 2 kids have since been transferred to the custody of family members of Mom and Dad.  The teen boy has been to PC's house several times since he was placed in the custody of family members (has spent the last 2 weeks with PC at her home visiting).  The little girl (now 2) has also spent some time with PC and arrangements had been made by PC for 16 year old to visit with 2 year old sibling.  

    Mom and Dad just had another baby.  The DCPP took the baby right from the hospital and placed her with a foster family a couple counties away.  PC asked DCPP to place the baby with her and her husband stating that she is in touch with baby's siblings, that she and her husband were already approved as supervisors, Division popped in periodically for the 6-9 months that Mom and Dad case was pending,  that she and husband live in the same county as Mom and Dad (although not sure they can straighten their lives out). 

    Division will not allow PC to serve as foster parents.  Mom and Dad would rather have their baby in the care of PC and husband than with strangers.

    Division will not return her calls.  She then filed an FD complaint requesting custody of the baby and a hearing on her motion for custody is returnable in early November.  There is also a  DCPP case pending but she will not be noticed about any reviews, compliance hearings, etc.  

    PC says that she is willing to adopt the baby.  Mom and Dad will both consent to that.  Is there any impediment to filing an adoption complaint while there is a DCPP case pending?

     

     

    Lisa M. Radell, Esq.

    207 South Main Street

    Cape May Court House, NJ 08210

    Tel (609) 465-9910

    Fax (609) 465-9920

     



  • 2.  RE: Adoption/Pending DCPP case

    Posted 08-22-2018 02:59 PM
      |   view attached
    Lisa, the only real approaches, since there is no legal standing for the PC:

    See if the birth parents would tell their attorneys that they are willing to surrender their parental rights voluntarily, but only in an identified adoption to the PC's - this could be done in one of 2 manners: the PCs get a private home study done fast with an adoption agency and pay for the agency to take the surrenders of the parents in an identified placement to the PCs (I just did one last week like this); or, the parents' attorneys in the DCPP matter file a motion seeking to resolve the DCPP matter by a voluntary identified surrender - the Division would have to approve the PCs.


    =============================
    Debra E. Guston, Esq., C.A.E.
    Guston & Guston, L.L.P.
    55 Harristown Road, Suite 106
    Glen Rock NJ 07452
    (201) 447-6660
    Fax (201) 447-3831
    www.gustonlaw.com

    Immediate Past President-Academy of 
    Adoption & Assisted Reproduction Attorneys



           Angel in Adoption Recipient 2017

                  




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  • 3.  RE: Adoption/Pending DCPP case

    Posted 08-22-2018 03:37 PM

    You cannot file an adoption complaint when the Division has custody of

    the child, which they clearly do based on the child's placement in

    foster care. 

     

    I agree with Debra, if the bio parents are offering

    adoption by your PC as their "permanency plan" that is your best

    approach.  Also, see who the Law Guardian is in the Title 9 case.  Your

    PC should reach out to that person and advise them of their willingness

    to be a permanent placement for the child.  The Law Guardian should take

    a position that increases the possibility of sibling contact unless

    there is some other reason why the particular foster parents were

    chosen, i.e. do they have contact with bio family members also?

     

    If the Law Guardian supports your client as a permanency plan, ask

    her/him and/or the parents' attorneys to ask the court to schedule

    mediation with the court's Child Welfare Mediator and with your client

    in attendance. 

     

    Is there a possibility that your PC did not comply with DCPP

    restrictions regarding contact with the bio parents?  If your PC was

    allowing unsupervised contact with the parents against DCPP agreement

    and/or court order, that is probably the reason that DCPP doesn't want

    to place the child there. 

     

     

     

     

     

    Lynn B. Norcia Esq.

    Starr Gern Davison & Rubin, PC

    105 Eisenhower Pkwy.

    Roseland, NJ 07068

    Tel. 973-403-9200

    Fax. 973-226-0031

    [email protected]

     




    Original Message


  • 4.  RE: Adoption/Pending DCPP case

    Posted 08-22-2018 04:47 PM

    Agreed you should reach out to the Law Guardian to see if there are other viable alternatives. Also, review B.C. v. NJDCPP, 450 N.J. Super. 197 (App. Div. 2017) in which the court ruled that judges who handle FN dockets and FD dockets may choose to handle the matters separately or the same time, but they should be heard by the same judge. So if you have the pending FD motion in November, you should try to get the matter heard at the same time as, or concurrently with the FN matter. This may or may not be helpful to your case depending on why the PC is not a viable resource parent or other factors not elicited here.  

     

    Lisa Chapland, Esq.
    Director, Government Affairs 
    New Jersey State Bar Association
    One Constitution Square | New Brunswick, NJ 08901
    TEL: 732-214-8510 (o); 732-239-3356 (c)
    FAX: 732-249-2815

     

     



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    Original Message