N.J. Stat. § 9:6B-1 Short title
1. This act shall be known and may be cited as the "Child Placement Bill of Rights Act." L.1991,c.290,s.1.
N.J. Stat. tit. 9, ch. 6B
N.J. Stat. tit. 9, ch. 6B
in effectN.J. Stat. § 9:6B-2 Findings, declarations.
2. The Legislature finds and declares that: a. A child placed outside his home by the Department of Human Services, the Department of Children and Families, the Department of Health and Senior Services or a board of education, or an agency or organization with which the applicable department contracts to provide services has certain specific rights separate from and independent of the child's parents or legal guardian by virtue of his placement in another residential setting; b. The State has an affirmative obligation to recognize and protect these rights through its articulation of a clear and specific bill of rights that reflects the best interests of the child whereby the safety of the child is of paramount concern and an affirmation by the State of its commitment to enforce these rights in order to protect and promote the welfare of the child placed outside his home; and c. The obligation of the State to recognize and protect the rights of the child placed outside his home shall be fulfilled in the context of a clear and consistent policy to promote the child's eventual return to his home or placement in an alternative permanent setting, which this Legislature has expressly declared to be in the public interest in section 2 of the "Child Placement Review Act," P.L.1977, c.424 (C.30:4C-51). L.1991, c.290, s.2; amended 1999, c.53, s.18; 2006, c.47, s.70.
N.J. Stat. § 9:6B-2.1 Short title.
1. P.L.2023, c.1 (C.9:6B-2.1 et al.) shall be known and may be cited as the "New Jersey Siblings' Bill of Rights." L.2023, c.1, s.1.
N.J. Stat. § 9:6B-2.2 Findings, declarations.
2. The Legislature finds and declares that: a. In January 2020, the Department of Children and Families established a Youth Council comprising 24 young New Jerseyans with lived experience in the child welfare system. b. In considering ways to improve the child welfare system, members of the youth council emphasized the importance of maintaining sibling relationships by: keeping siblings together in resource family or congregate care settings, when feasible; placing siblings in close proximity with one another when placing siblings together is not an option; and supporting sibling connections while in out-of-home placement. c. The Youth Council's conclusion that maintaining sibling relationships and placing siblings together whenever possible improves child welfare outcomes and counteracts adverse childhood experiences is supported by research and child welfare organizations. d. Siblings should be supported by the Department of Children and Families in their efforts to maintain relationships with siblings who are not in resource family care or who have not been adopted. e. Therefore, it is in the best interests of the State to declare that policies and procedures allowing for all siblings in resource family or congregate care settings to be placed together are generally preferred unless such placements are not in the best interests of one or more of the siblings. L.2023, c.1, s.2.
N.J. Stat. § 9:6B-3 Definitions.
3. As used in this act: "Child placed outside his home" means a child placed outside his home by the Department of Human Services, the Department of Children and Families, the Department of Health, or a board of education. "Department" means the Department of Human Services, the Department of Children and Families, the Department of Health, or board of education, as applicable. L.1991, c.290, s.3; amended 2006, c.47, s.71; 2012, c.17, s.19.
N.J. Stat. § 9:6B-4 Child's rights
4. A child placed outside his home shall have the following rights, consistent with the health, safety and physical and psychological welfare of the child and as appropriate to the individual circumstances of the child's physical or mental development: a. To placement outside his home only after the applicable department has made every reasonable effort, including the provision or arrangement of financial or other assistance and services as necessary, to enable the child to remain in his home; b. To the best efforts of the applicable department, including the provision or arrangement of financial or other assistance and services as necessary, to place the child with a relative; c. To the best efforts of the applicable department, including the provision or arrangement of financial or other assistance and services as necessary, to place the child in an appropriate setting in his own community; d. To the best efforts of the applicable department to place the child in the same setting with the child's sibling if the sibling is also being placed outside his home; e. To visit with the child's parents or legal guardian immediately after the child has been placed outside his home and on a regular basis thereafter, and to otherwise maintain contact with the child's parents or legal guardian, and to receive assistance from the applicable department to facilitate that contact, including the provision or arrangement of transportation as necessary; f. To visit with the child's sibling on a regular basis and to otherwise maintain contact with the child's sibling if the child was separated from his sibling upon placement outside his home, including the provision or arrangement of transportation as necessary, and to have access to a phone number or computer that allows for virtual visits between face-to-face visits or when face-to-face visits are not feasible; g. To placement in the least restrictive setting appropriate to the child's needs and conducive to the health and safety of the child; h. To be free from physical or psychological abuse and from repeated changes in placement before the permanent placement or return home of the child; i. To have regular contact with any caseworker assigned to the child's case who is employed by the applicable department or any agency or organization with which the applicable department contracts to provide services and the opportunity, as appropriate to the age of the child, to participate in the planning and regular review of the child's case, and to be informed on a timely basis of changes in any placement plan which is prepared pursuant to law or regulation and the reasons therefor in terms and language appropriate to the child's ability to understand; j. To have a placement plan, as required by law or regulation, that reflects the child's best interests and is designed to facilitate the permanent placement or return home of the child in a timely manner that is appropriate to the needs of the child; k. To services of a high quality that are designed to maintain and advance the child's mental and physical well-being; l. To be represented in the planning and regular review of the child's case, including the placement and development of, or revisions to, any placement plan which is required by law or regulation and the provision of services to the child, the child's parents or legal guardian and the temporary caretaker, by a person other than the child's parent or legal guardian or temporary caretaker who will advocate for the best interests of the child and the enforcement of the rights established pursuant to this act, which person may be the caseworker, as appropriate, or a person appointed by the court for this purpose; m. To receive an educational program which will maximize the child's potential; n. To receive adequate, safe and appropriate food, clothing and housing; o. To receive adequate and appropriate medical care; p. To be free from unwarranted physical restraint and isolation; q. To be placed in the closest proximity possible to other siblings who are not in out-of-home placement or if placement together is not possible, when it is in the best interests of the child; r. To be allowed to participate in the permanency planning decisions of the child's siblings, whenever appropriate; to invite any other siblings of the child who is the subject of the permanency planning to participate in the permanency planning decision, which other siblings shall be allowed to participate in the permanency planning decision, whenever appropriate; and to have the recommendations and wishes of the child and of each sibling who participates in the permanency planning decision documented in the case record of the Division of Child Protection and Permanency in the Department of Children and Families and provided to the court, which recommendations and wishes shall be documented in the words written, or otherwise expressed by the child or other sibling, to the extent possible; s. To know, or be made aware by the Department of Children and Families, of expectations for continued contact with the child's siblings after an adoption or transfer of permanent physical and legal custody to a caregiver as defined in section 2 of P.L.2001, c.250 (C.3B:12A-2), which continued contact shall be subject to the approval of the adoptive parents or caregiver, as applicable; t. To be promptly informed about changes in sibling placements or permanency planning goals; u. To be actively involved in the lives of the child's siblings, including planning and attending celebrations, birthdays, holidays, graduations, and other meaningful milestones, to the greatest extent possible; v. To not have sibling visits, including phone calls and virtual visits, be denied as a result of behavioral consequences when residing in a resource family home or congregate care setting; w. To be provided updated contact information for all siblings at least annually, including a current telephone number, address, and email address, unless not in the best interests of one or more siblings; x. To be promptly notified of the identity and contact information of the child's case manager and supervisor and if a new case manager or supervisor is assigned to the child; y. To have the child's resource family be promptly notified of the identity and contact information of the child's case manager and supervisor and if a new case manager or supervisor is assigned to the child; and z. To be notified of property and benefits to which the child is the owner or beneficiary at the time of the child's placement outside of the child's home, if known by the Department of Children and Families at the time of the child's placement, or to be promptly notified upon the Department of Children and Families becoming aware of such property and benefits, including, but not limited to, federal Social Security benefits; to be informed of the department's intent to file for federal benefits on the child's behalf; and to have an opportunity to review the contents of any application form for federal benefits filed on the child's behalf prior to submission. L.1991,c.290,s.4; amended 2023, c.1, s.3; 2023, c.304.
N.J. Stat. § 9:6B-5 Public information.
5. The Departments of Human Services, Children and Families, Health, and Education shall each prepare and update at least every six months, and shall make available to the public upon request, aggregate non-identifying data about children under their care, custody, or supervision who are placed in out-of-home settings, by category as appropriate. The data shall include the following: a. The number of children placed outside their homes during the six-month period and the cumulative number of children residing in out-of-home settings; b. The age, sex, and race of the children residing in out-of-home settings; c. The reasons for placement of these children; d. The types of settings in which these children reside; e. The length of time that these children have resided in these settings; f. The number of placements for those children who have been placed in more than one setting; g. The number of children who have been placed in the same county in which their parents or legal guardians reside and the number who have been placed outside of the State; h. The number of children who have been permanently placed or returned to their homes during the six-month period, and a projection of the number of children who will be permanently placed or returned to their homes during the following six-month period; and i. The number of children who have been permanently placed or returned to their homes who are subsequently returned to an out-of-home setting during the six-month period. L.1991, c.290, s.5; amended 2006, c.47, s.72; 2012, c.17, s.20.
N.J. Stat. § 9:6B-6 Rules, regulations.
6. The Commissioners of Human Services, Children and Families, Health, and Education, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall each adopt rules and regulations to effectuate the purposes of this act. L.1991, c.290, s.6; amended 2006, c.47, s.73; 2012, c.17, s.21.
N.J. Stat. § 9:6B-7 Prohibition against use of property, benefits, child in custody, exceptions.
1. a. In any case of a child in the custody of the division, the department is prohibited from utilizing any portion of the child’s property or benefits to offset the State’s costs for the child’s maintenance, except to maintain the child’s eligibility for federal Supplemental Security Income Program benefits and to avoid a violation of federal asset or resource limits under the Supplemental Security Income Program, as provided in subsection c. of this section. b. If the department has been appointed as the representative payee for the federal benefits of a child in the custody of the division, the department may utilize such benefits of a child in the custody of the division for the child’s unmet needs beyond the amount that the State is obligated, required, or agrees to pay after notifying the child, the child’s parent, legal guardian, counsel, and the Family Part of the Chancery Division of the Superior Court. c. If the department has been appointed as the representative payee for the federal benefits of a child in the custody of the division, the department shall appropriately monitor any federal asset or resource limits for the benefits, establish a qualified ABLE account, or other trust account, for every child who is eligible, and ensure that the child’s best interest is served by using the benefits for the child’s unmet needs or conserving the benefits in a way that avoids violating any federal asset or resource limits that would affect the child’s ability to receive the benefits. d. For any child in the custody of the division, the department shall determine whether the child is receiving or is eligible to receive federal benefits. If the department determines that a child is eligible or may be eligible for federal benefits, the department shall apply for the benefits on behalf of the child with notice to the child, the child’s parent, legal guardian, counsel, and the Family Part of the Chancery Division of the Superior Court. e. If the department has been appointed as representative payee for a child’s benefits, it shall provide an annual accounting as to the use, application, or conservation of such benefits to the child, the child’s parent, legal guardian, counsel, and the Family Part of the Chancery Division of the Superior Court. f. As used in this section: “Department” means the Department of Children and Families. “Division” means the Division of Child Protection and Permanency in the Department of Children and Families. “Federal benefits” means any cash payments from the federal government for which a child may be eligible, including, but not limited to, Social Security benefits pursuant to Title II of the Social Security Act (42 U.S.C. s.401 et seq.) and Title XVI of the Social Security Act (42 U.S.C. s.1381 et seq.), and Veterans Administration benefits. “Qualified ABLE account” means an account established pursuant to P.L.2015, c.185 (C.52:18A-250 et al.) or an account established pursuant to any qualified State ABLE Program established pursuant to section 529A of the federal Internal Revenue Code of 1986, 26 U.S.C. s.529A. “Supplemental Security Income Program” has the same meaning as provided in section 1 of P.L.1973, c.256 (C.44:7-85 et seq.). L.2025, c.162, s.1.
N.J. Stat. § 9:6B-8 Federal waivers to implement provisions, federal reimbursement, child welfare services.
2. The Commissioner of Children and Families shall apply for any federal waivers as may be necessary to implement the provisions of this act and ensure continued federal reimbursement for State expenditures for child welfare services under Part E of Title IV of the Social Security Act (42 U.S.C. s.670 et seq.), except that if a child is or may be eligible for federal Supplemental Security Income Program benefits, the department shall, if necessary for benefits eligibility, forego claiming that child for purposes of any federal Title IV-E maintenance payments under section 475(4) of the Social Security Act (42 U.S.C. s.675(4)). L.2025, c.162, s.2.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026