Removing a Child From Foster Care to Kinship Care: Expert Bonding Evaluations Are Key
"When deciding exactly when to remove and where to place a child there is no magic formula," write Elisa Reiter and Daniel Pollack.
September 09, 2024 at 11:00 AM
5 minute read
Family LawRecent changes to New Jersey statutes (the TPR Statute, N.J.S.A. 30:4C-15.1 and KLG statute, N.J.S.A. 3B:12A-1 to -7) were reviewed by the Superior Court of New Jersey, Appellate Division, in its recent holding in M.M. v. Dep't of Child, 2024 N.J. Superior Court, decided Aug. 28, 2024. The referenced statutes were revised in 2021 to modify the standards to be used in petitioner to terminate parental rights. Among the substantive changes to the statute was to eliminate the "best interests test" which was based on the premise that the best interest test included the right to present evidence "that separating the child from his resource family parents (sic: foster family) would cause serious and enduring emotional or psychological harm to the child." The Superior Court of New Jersey, Appellate Division interpreted that provision narrowly, such that evidence regarding a child's bonding with his or her foster family was considered a separate issue from "whether a parent is able to overcome harm to the child as well as whether the parent can cease causing future harm."
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