NJ & CT News

However, in the last months leading up to the hearing on the matter, the father began to show signs that he was coming around. The maternal aunt therefore wanted to permit the child's father to remain in the girl's life, so long as he remained sober. Kinship legal guardianship permits a caretaker to become the legal guardian of a child until the age of majority without the biological parent permanently losing his or her parental rights. N.J. Div. Of Youth & Family Serv. v. P.P., 180 N.J. 494 (2004). It may be appropriate in cases, such as this, where a biological parent has not proven himself a fit parent but where there are indications that he may do so in future. The potential guardian considering this option must be informed that it does not provide closure: She might one day lose custody of the child to a parent who can prove his parental fitness, or that parent might seek and be given visitation.

A DYFS caseworker told the maternal aunt that the option of a kinship legal guardianship rather than adoption was not open when the child in question is under the age of 12. However, nothing in the Kinship Legal Guardianship Act (N.J.S.A. 3B:12A-1 to -7) limits its application to children above the age of 12, and children under that age have previously been placed with' guardians in accordance with that Act. On appeal, the court held that the aunt was entitled to know that kinship legal guardianship was an option in the case of her niece, and that she should be given adequate time to decide if this option would be better for the child and the rest of the family. It stated, “Although kinship legal guardianship cannot be used as a defense to the proper termination of parental rights, … it should not be excluded as an alternative by means of faulty information.” The case was therefore remanded to establish on the record that the potential adoptive mother had been informed of the options available to her and her family members in this situation.

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CONNECTICUT

Judge Sanctioned for Delaying Foster Children's Placement Decisions

Because she inexcusably delayed ruling in 10 cases in which foster children were awaiting placement in permanent homes, Superior Court Judge Curtissa Cofield was recently handed a 30-day suspension without pay. The suspension was ordered after Cofield admitted that she had failed to enter judgments in the cases within 120 days of trial, as is required by court rules. Cofield's attorney, Hubert J. Santos, asked the Judicial Review Council overseeing the judge's case to approve a 30-day suspension as his client's only sanction, and the council agreed to do so. The Judicial Review Council, whose 14 members are charged with investigating complaints against judges, has dealt with Cofield before; in 2008 it suspended her for eight months after she was involved in an automobile accident and arrested for drunk driving.

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NEW JERSEY

Erroneous Information

Because the New Jersey Department of Youth and Family Services (DYFS) gave erroneous information concerning adoption vs. kinship legal guardianship to a woman whose niece might lose custody of her child, a New Jersey appeals court has determined that some proceedings in the case must be reaccomplished. The case of New Jersey Division of Youth and Family Services v. H.R. And N.B., 2013 N.J. Super. LEXIS 85 (6/10/13), involved a child who had been living with her maternal aunt after being taken from her parents' custody. The Family Part correctly determined that the defendant parents met all four criteria under N.J.S.A. 30:4C-15.1(a) for termination of their parental rights, due primarily to their continuing drug abuse despite attempts by DYFS to help them to become fit parents.

However, in the last months leading up to the hearing on the matter, the father began to show signs that he was coming around. The maternal aunt therefore wanted to permit the child's father to remain in the girl's life, so long as he remained sober. Kinship legal guardianship permits a caretaker to become the legal guardian of a child until the age of majority without the biological parent permanently losing his or her parental rights. N.J. Div. Of Youth & Family Serv. v. P.P. , 180 N.J. 494 (2004). It may be appropriate in cases, such as this, where a biological parent has not proven himself a fit parent but where there are indications that he may do so in future. The potential guardian considering this option must be informed that it does not provide closure: She might one day lose custody of the child to a parent who can prove his parental fitness, or that parent might seek and be given visitation.

A DYFS caseworker told the maternal aunt that the option of a kinship legal guardianship rather than adoption was not open when the child in question is under the age of 12. However, nothing in the Kinship Legal Guardianship Act (N.J.S.A. 3B:12A-1 to -7) limits its application to children above the age of 12, and children under that age have previously been placed with' guardians in accordance with that Act. On appeal, the court held that the aunt was entitled to know that kinship legal guardianship was an option in the case of her niece, and that she should be given adequate time to decide if this option would be better for the child and the rest of the family. It stated, “Although kinship legal guardianship cannot be used as a defense to the proper termination of parental rights, … it should not be excluded as an alternative by means of faulty information.” The case was therefore remanded to establish on the record that the potential adoptive mother had been informed of the options available to her and her family members in this situation.

'

CONNECTICUT

Judge Sanctioned for Delaying Foster Children's Placement Decisions

Because she inexcusably delayed ruling in 10 cases in which foster children were awaiting placement in permanent homes, Superior Court Judge Curtissa Cofield was recently handed a 30-day suspension without pay. The suspension was ordered after Cofield admitted that she had failed to enter judgments in the cases within 120 days of trial, as is required by court rules. Cofield's attorney, Hubert J. Santos, asked the Judicial Review Council overseeing the judge's case to approve a 30-day suspension as his client's only sanction, and the council agreed to do so. The Judicial Review Council, whose 14 members are charged with investigating complaints against judges, has dealt with Cofield before; in 2008 it suspended her for eight months after she was involved in an automobile accident and arrested for drunk driving.

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