Do foster parents have any rights?

I am in NJ and as far as I know, FP don't have the right to intervene in NJ as they seem to in some other states. I haven't run across any TPR case where FP were named parties or were able to testify or participate in the case. However, having said that, the FPs relationship to the FC is a HUGE part of many termination cases. The statutory requirements for terminating parental rights require that the State prove all four prongs of the statute (see below) and numbers 2 & 4 are often proven through bonding assessments. An expert is appointed by the court to study the bonds between the child and the BPs and the child and the FPs. If the expert (counselor or psychologist) says that the child is MORE bonded to the FPs than to the BPs, then the conclusion by that expert is that terminating parental rights would harm the child LESS than taking the child away from its foster parents. The bonding assessment only seems to be done when a child is with foster parents for an extended period of time, not just for a few months. Based on the cases I have read (and I've read a lot of them), the bond with the foster parents (and their willingness to adopt) is A CRUCIAL part of the State's case and is how they go about proving numbers 2 & 4 (below). So, if a child who has been with you for 1.5 years and is fairly young (I'm assuming your child is not 10 years old and wasn't with the BPs for 8.5 years and with you for 1.5 years?), it's safe to assume the bond you have is going to be a big part of the TPR case. If the State moves the child to a previously-unknown relative, that part of their case gets much harder to prove (the child would probably have a better bond with the BPs than with the new placement). I don't know if what I've typed makes sense (it's hard to explain) but I think a 1.5 year placement of a very young child gives you a lot more "rights" than an unknown relative despite the fact that FPs have no "rights" in NJ. DCFS will probably still allow the relatives to submit their paperwork if they want to but there would need to be a compelling reason to break the bond with you because the bond is a big part of proving #2 and #4 during the TPR hearing. Don't worry if no one has conducted a bonding assessment - I think the court can hear testimony from resource workers about how "bonded" the child is to you without always appointing an expert. Here's the statute: That standard, codified at N.J.S.A. 30:4C15.1(a), states that parental rights may be terminated if the Division demonstrates the following: (1) The child's safety, health or development has been or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the harm facing the child or is unable or unwilling to provide a safe and stable home for the child and the delay of permanent placement will add to the harm. Such harm may include evidence that separating the child from his resource family parents would cause serious and enduring emotional or psychological harm to the child; (3) The division has made reasonable efforts to provide services to help the parent correct the circumstances which led to the child's placement outside the home and the court has considered alternatives to termination of parental rights; and (4) Termination of parental rights will not do more harm than good. The Division has the burden of proving by clear and convincing evidence each prong of the best interests test. The four criteria of the best interests test are not discrete and separate, but are related and overlap with one another to provide a comprehensive standard that identifies a child's best interests.

Not to discourage you but my fc was with me much longer than 1.5 years and had two bonding assessments where it was determined he should stay with me (FM is the "psychological parent") and yet he was still reunited. In my case it was with the bio parent not an extended family member. FPs in NJ do not have the right to intervene. Pray and continue to write the judge/attend court hearings if you can...that's my best advice

When I did my MAPP classes (I'm in NY), we were told that family is a tiere higher than non-family and until the papers are signed, nothing is guaranteed. a friend of mine, had a son in foster care (she had a mental illness and couldn't take care of him). He was ready to be adopted when her parents found out and the court awarded her parents custody. I know someone else whose kids were in foster care; family never found out so we assume they were adopted. You can also have family members come up who don't pass home inspection. Hang in there!

does NJ not have de facto parent status that you can file for?

I'm sorry to hear that FPs have no rights. I am in a very similiar situation. It would be devastating for my FS to leave my home, as we are the only family he knows. I would also be devastated of course.Our bonding assessment was canceled by the defense team. I hope that is not a bad sign for me and FS.

No.........

Vernell... which agency did you sign with? After 4+ yrs of dealing with dyfs lying and misleading us, and our 12th baby is currently in the process of reunification right now.. we are losing hope of ever adopting thru the division.

:( sad....and weird how every state is different. :(

In your post you state that in NJ FP do not have a right to intervene,how so? because in my situation the FP seem to have alot of rights,more rights than us and we are the GP

I had my fs for over a year and then bm came up with a friend, after 5 months of visits with this friend. The mom had a fight with the friend and I am finally getting to adopt. But we went to 3 bonding assessments 2 of them came back that he was very bonded to me but he would "get over it" because he was young enough. The bonding assesser for the BM attorny actually said that he is bonded and it would cause harm if removed. So bm attorney wouldn't submit his as evidence because it isnt what he wanted to hear.

Hi RedLadi, I'm possibly repeating what another has said but wanted to chime in to say that you have one legal, statutory right with respect to your foster child, and that is, to be heard at any and every hearing that is conducted on your foster child's matter. You are not limited in what you may say or the amount of time it takes for you to say it. EXERCISE THAT RIGHT. When I was fostering my now daughter, I attended every hearing (after entering Pre-Law and memorizing every NJ child welfare statute--a little obsessive to say the least-LOL) and while I couldn't technically make motions, you better believe I suggested every one that applied to her case...and we were very blessed in that many were reiterated by the Law Guardian and put into motion..and we did indeed adopt her. It's not to say it will work out that way every time but I would fight like crazy until the end comes--whatever the end will be. In your case, I would verbalize at the hearing that, if prospective family members are being considered for placement, that you would ask that the court considers a bonding assessment as you firmly believe such strategy after 1.5 years in your care "is not in the child's best interest and will do more harm than good." <--direct legal jargon that is used in the criteria to TPR (I'm sure you already know that but just referencing it). Like Vernell said, it is not surefire, but it is one of many things that can be required to ensure such third parties are truly interested/a viable match/etc. In many cases, they are completely ruled out for a variety of reasons, the foremost being a lack of bond with the child. And since extended family do not have legal visitation rights (only parents do), there is no way to nurture a bond. Food for thought. Best wishes to you, Jennifer

Foster2Forever - this was great info - thanks so much for the statute. It was good to see what they look for. I have my fingers crossed that this works out for all of us. She is part of our family and I want it to stay that way for all of us.

Thanks everyone for all of the helpful information. I haven't gotten any updates on the background check of the 2 people she mentioned - but our CW said not to worry and that they have to do a check otherwise the mom will bring up the names at the tpr hearing and it will delay everything. I hope this is just routine and it doesn't come to anything. This little girl is so bonded to us and us to her that I can't imagine moving her - even if she will get used to it. Yes, you adjust when you have to, but why make a child go through that when they are perfectly happy and they can't go back to their parents anyway? The lg is definitely on our side and I know that counts for a lot. I have a bonding assessment scheduled for August 12 :). Anyone have any tips or comments on what to expect? I assume they just want to see our interaction, but is there anything else? You all have been so helpful and have made me feel much better. Thank you to all!

I can tell you about my bonding assessment. My son at the time was almost 2. My son was in the room already when I came in. The assessor observed his reaction to seeing me. Basically he and I talked while my son played with the toys in the room. He observed how my son would interact with me while playing. I think I brought a snack with me for him to nibble on. Don't put too much pressure on yourself. You either have a bond or you don't. If you know you are bonded, the child smiles when they see you, comes to you for comfort, willingly interacts with you, it will be obvious to the investigator.

It appears that the people her bm recommended to take my fd are friends and not family. So I'm hoping that even if they pass the background check that we will get priority over them. I can't imagine her going to live with someone she doesn't know when she has a loving family to be with right now who doesn't want to lose her. We also have a mediation scheduled - so I figure either it will be great to meet the family and maybe come up with some type of arrangement where we will let them see her or it will go badly and they won't be willing to tpr and this will drag on. Either way its going to happen - so I'm hoping for the best. Obviously the best situation would be for us to have a relationship so my fd can have her entire family in her life. Thanks Msgypsylee - We have a very strong bond so I'm sure we will have no issues at the bonding evaluation. I wasn't sure if they had us do anything together, etc. I'll remember to bring a few little toys that she likes and a snack so she doesn't get cranky.