New Jersey § 9:6b-4

§ 9:6b-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 .