CP&P 4-18 (rev. 4/2010)
State of New Jersey DEPARTMENT OF CHILDREN AND FAMILIES Child Protection and Permanency
Fact Sheet - Differences between Adoption and KLG Acknowledgment Receipt
The Division removes a child from his or her parent's care only when the child cannot remain safely at home. If reunification efforts with the family are unsuccessful, the Division places the child with a family willing to make a permanent commitment to the child, preferably adoption. So that you can make an informed decision, the Worker will explain the differences between adoption and Kinship Legal Guardianship (KLG) to you. The purposes of this discussion are:
To enable you to express, as early on as possible, what level of permanent commitment - adoption or KLG - you are willing to make to the child; and
To enable the Division to consider the level of permanency and commitment you are willing to make as one of the factors in determining the best placement for the child.
Legal Status: Adoption: Adoption is the best permanent plan for a child because it provides the highest level of legal and emotional security. The Division, not the caregiver, determines if the Division will or will not ask the court to terminate parental rights in the best interest of the child. During the court hearing, the birth parents can voluntarily surrender (give up) their parental rights to the child and/or the court can terminate these rights. The adoptive parent is given all the rights and responsibilities that once belonged to the birth parents (i.e., the child is legally the child of the adoptive parents). The adoptive parent decides if and when the birth parents may visit. The adoptive parent can make arrangements regarding who will care for his or her adoptive child should he or she not be able to, or if he or she dies. The child may take the adoptive parent’s last name as his or her own. KLG: The court makes all decisions regarding the transfer of guardianship/custody. The birth parents can, at any time, request that the court return custody of the child to them, if parental rights have not been terminated. The birth parents' rights are usually not terminated. If the KLG caregiver decides that he or she wants to adopt the child, CP&P usually cannot assist. The KLG caregiver would have to hire an attorney, at his or her own cost, and file in court to terminate parental rights, or obtain a surrender of parental rights, before the court could consider an adoption. The caregiver is given legal responsibility for the child and has the rights of care, custody and supervision of the child. CP&P 4-18 (rev. 4/2010)
Since parental rights have not been relinquished or terminated, the birth parent still has the right to visit or spend parenting time with the child, as determined by the court. KLG cannot be transferred; if the KLG caregiver is unable to continue providing care for the child, he or she cannot decide with whom the child will live. The court will make this decision. The court cannot give KLG to another family because the law says the child must reside with a family for 12 months or 15 of the last 22 months before KLG can be granted. Sometimes the child’s case may need to be re-opened by CP&P.
Financial Resources: Adoption: The subsidy rate is negotiated between CP&P and the adoptive parent to meet the child’s needs. The rate can be higher than the regular board schedule (e.g., medically fragile child). However, the adoption subsidy rate cannot exceed the foster care rate the child would have received if he or she had been in a foster home during the same time period. The adoptive parent can request an increase in the subsidy rate if the child’s needs increase; CP&P will assess each request. The rate may increase a) to reflect the cost of living increases approved by the State legislature; or b) as the child enters an older age range. The subsidy agreement can include special services/supports for the child with extreme special needs. Services are negotiated on a case-by-case basis and must be approved by CP&P in advance. Preschool day care is available, if the family meets the Post Adoption Child Care Program eligibility requirements. (For example: the parent(s) are working or in school full time.) There is a Federal tax credit in the year the special needs child is adopted; all children receiving adoption subsidy are considered special needs. The tax credit can be spread over several years. See www.irs.gov. An adopted child has all of the same rights as a birth child when the adoptive parent does not have a will. Otherwise, inheritance rights are established through a will as they are for a birth child. A birth parent’s obligation for financial support is stopped upon finalization of the adoption. If the adoptive parent dies and has made other living arrangements for the child, the subsidy payments follow the child.
KLG: The subsidy rate is set at the time KLG is granted. The rate may increase a) to reflect the cost of living increases approved by the State legislature; or b) as the child enters an older age range. The subsidy agreement includes limited additional services. Community resources must be used when services are needed. Limited help may be available through the Kinship Navigator Program. Preschool child care is not available. Community resources must be used. Services may be available through the Kinship Navigator Program based on the program's income guidelines. There is no Federal tax credit. CP&P 4-18 (rev. 4/2010)
The child has no rights of inheritance from the KLG caregiver, unless the child has been included in the caregiver’s will. If the KLG caregiver no longer cares for the child, or the child no longer resides in the home, the KLG subsidy payment stops. The court will make the decision where the child will live.
Relationship between the Child and Birth Parent(s): Adoption: The adoptive parent decides if the child will have a relationship with the birth family. KLG: If the birth parents' rights have not been terminated, they have the right to visit or spend parenting time with the child, unless a court orders no visits. The KLG caregiver will have input into how the visits are set up, but cannot prevent the visits from taking place. If the KLG caregiver does not follow the court order and the parent(s) file a motion with the court to enforce visitation rights, he or she can be sanctioned. Birth parents cannot reside in the KLG caregiver’s home, unless the birth parent is a minor, or is developmentally challenged, and not capable of residing independently. Birth parents have the right to petition the court to have the child returned to them.
Decision Making: Adoption: All decisions are made by the adoptive parents including the child’s legal name. KLG: Major decisions regarding school, medical treatment and consent for most other major life decisions are made by the kinship legal guardian. When birth parents retain parental rights they have the ability to make two important decisions, (e.g., consenting to the child’s change of name and of his or her adoption).”
Medical Coverage: Medical coverage is provided to each child who receives an adoption or KLG subsidy from CP&P. CP&P 4-18 (rev. 4/2010)
State of New Jersey DEPARTMENT OF CHILDREN AND FAMILIES Child Protection and Permanency
Acknowledgement of Receipt of Adoption/KLG Fact Sheet
I/We, ______, ______have received a copy of the Fact Sheet of Differences between Adoption and Kinship
Legal Guardianship. I/We have had a discussion with the Worker about the differences between adoption and kinship legal guardianship. I/We understand, if I/We have any additional questions, I/We can contact the
Worker.
______Signature of Caregiver/Date
______Signature of Caregiver/Date
______Signature of Worker/Date
______Worker's telephone number, with extension