New Jersey Foster Parents Rights
Each state has its own laws governing foster care. New Jersey doesn't have a statute specific to the broad rights of foster parents, but the state's laws on adoption and on the termination of parental rights both contain information relevant to the rights of foster families.
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First Choice
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A foster parent who has looked after a child for at least two years is mandated by law in New Jersey to be first in line if that child becomes available for adoption. New Jersey foster parents must be given first consideration over any other applicant when a child they've been fostering for that period of time is put up for adoption.
Bonding
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New Jersey foster parents who form a tight emotional bond with a particular child can make an argument in some cases for having the legal rights of the birth parents terminated. Under the state's Termination of Parental Rights statute, one of the deciding factors in whether parents will permanently lose the right to get their child back is if child-welfare workers believe the child could be emotionally harmed if removed from a foster family's care.
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Fostering or Adoption
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The line between adoption and fostering has grown less distinct in New Jersey since the state began paying adoptive parents. Foster parents who opt to adopt their foster child will received the same treatment as adoptive parents. People who qualify for New Jersey's adoption subsidy are paid approximately the same amount per month that they would have received for fostering the child, and also receive other benefits, such as tax credit, legal fees and medical supports, until the child turns 18.
Kinship Legal Guardians
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People who have had a child living with them for at least a year can apply to become a kinship legal guardian. If successful, they will be given significantly more control over the child's care. The birth parents can still have contact with their child, but they will lose custody and face considerable difficulty getting it back. Such guardianships most often involve extended family members or close family friends of a child, but courts can award legal guardianship to foster parents in certain cases.
Resources
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New Jersey's Foster and Adoptive Families Services provides support and advocacy for foster parents. The New Jersey Child Placement Advisory Council offers another avenue for foster parents to raise concerns about their rights or those of a child in their care. The advisory board was established to inform the State Supreme Court on the policies, practices and procedures of New Jersey's child-placement system, and it meets four times a year.
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References
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