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Does anyone know what the law REALLY says about taking NJ foster kids out of state? We've heard vastly conflicting info. First CW said to just notify them if we were going out of state, and only need birth parent consent if it's more than 3 nights. PRIDE trainer said same. SEcond CW now saying that even for one night, or maybe even just to cross state lines, they need formal BP consent. What's the truth here?
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I don't think there's anything written down anywhere in any of the foster licensing stuff I've read (and I've looked). I think it's a DYFS policy which gets interpreted differently (or enforced differently) depending on the DYFS caseworker.
Legally, the jurisdiction of the court is NEW JERSEY - and only New Jersey. Once you are no longer in NJ, there are probably a million potential legal complications for DYFS and the Court if anything were to happen to the child (medical emergency) or if something else happend and the foster family was out of the court's jurisdiction (out of state).
Practically, it's impossible to tell us we can't leave the state with our foster children. I was told in PRIDE training you needed written permission from DYFS every time you left the state. I asked for permission the first time I was taking them to NYC and was told (in writing) by my CW that I didn't even need to inform DYFS of "day trips" but that I did need permission from DYFS for overnights (even one night).
Just to clarify - DYFS is the legal guardian of the child so they don't really need the parents' consent from a legal perspective (which is why DYFS can get the court's permission if the bios say "no" to a vacation) but DYFS probably has their own internal policy on when they ask the bio parents and when they don't. It's that "internal DYFS policy" that I think is either unwritten or rarely followed to the letter....some CWs might go overboard and ask bio-parent permisson every time you cross a state line and some CWs might only bother getting bio permission if it's more than a few days....it just depends on your particular case and caseworker.
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Voila! DYFS' own Resource Parent Guide says the following. My first CW was right - no notification even required (though it's a courtesy that I would always follow to notify about any overnight trip) and no birth parent or DYFS permission needed for up to a 3 day trip that doesn't interfere with visitation.
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from Page 11 in the Resource Parent Guide:
Can a child in my care participate in family vacations and trips?
Taking children on family vacation and trips is strongly encouraged as it helps the
children know that they are a true part of your family, and enhances the bonding process.
A vacation or trip of more than three days requires notification and approval by DYFS.
You should consult with your caseworker at least one month prior to the anticipated date
of departure for any planned vacation. In the case of emergency trips, contact DYFS
about your plans as soon as possible. You should always advise the caseworker of the
vacation/trip dates and the location(s) where you can be reached.
If a childs planned vacation/trip with your family interferes with court-ordered parental
visits, it is necessary for DYFS to secure prior written consent of the birth parents and/or
the court, in order for the child to accompany you. If it is determined that the child in
your care cannot accompany your family, the caseworker will consult with you and make
appropriate alternative arrangements for the child during your absence.