New Jersey Division of Child Protection and Permanency v. K.N. and K.E.

Summary

The Supreme Court of New Jersey held that a Family Part judge may determine that a child’s best interests are served by placement with a relative who is not licensed as a resource family parent. The court held that the Family Part could not compel resource-family-parent payments to an unlicensed relative, but could require the Division to provide other statutorily authorized assistance. It also clarified that a temporary or final domestic-violence restraining order may be considered in placement and licensing decisions but does not automatically disqualify a potential resource family parent.

Holdings

1. The Family Part has authority to determine that a child's best interests are served by placement with a relative who is not licensed as a resource family parent under the Resource Family Parent Licensing Act.
2. The Family Part may not compel the Division to pay an unlicensed relative the financial assistance specifically available to a resource family parent licensed under the Act.
3. A Family Part judge may require the Division to pay statutorily authorized assistance to unlicensed persons caring for a foster child.
4. Entry of a temporary or final domestic-violence restraining order may be considered as a factor in placement review but does not automatically disqualify a potential resource family parent from licensure under the Act.
5. The Appellate Division's remand for further placement review was moot because the Division returned the child to his mother's care and custody.

Questions Presented

1. Whether the Family Part had authority to place a child under the Division's care and supervision with a relative who was not licensed as a resource family parent under the Resource Family Parent Licensing Act.
2. Whether the Family Part could compel the Division to provide an unlicensed relative with the financial assistance available to a licensed resource family parent under the Act.
3. Whether a temporary or final domestic-violence restraining order automatically disqualified a potential resource family parent from licensure under the Act.
4. Whether the Appellate Division's remand for further placement review remained justiciable after the child was returned to his mother.

Disposition

affirmed