[grets1333]

My daughter lost custody of her child because of drugs. Custody was given to the father, who in turn, also lost custody because of drugs. Custody was given to his Mother. She says, my daughter has two years, to get clean, and do all that has to be done and get child back, or she loses custody forever. Is this a law in New Jersey? She says the courts told her this. My daughter is trying and is doing really good, but what happens when that deadline hits, and she doesn't have custody, will she lose forever?

[Fr_Chuck]

One will never truly loss custody forever, since a person can petition the court again and again and again. But if she does not clean up fast and staighten her life out, the court would most likely assume she does not care enough for her daughter and it would be hard for her to do so. Most likely it was said more as an attack or as a desire to see her clean up.

But honestly while I am sorry it happens, if she chooses drugs over her daughter and will not change now, ( not important enough) she really does not need to get her back latter.

Hard, sorry but my honest opinon

[fredg]

Hi,
If the Court told her this, by a Judge, then it's true.
Her only recourse would be get a lawyer. However, if she cannot get off, and stay off drugs, the child would be much better off with the person who now has custody.
As the previous answer stated, one can always petition the Court, asking for a new hearing on custody.

[Debra]

Once a child is removed from a parent's custody, a parent has a limited amount of time to remedy the situation that caused the removal and to seek reunification. If the parent fails to take the steps necessary to correct deficiencies and to reunify the family within a reasonable time (usually six months to a year), the state may petition the court to terminate parental rights which, in turn, makes a child available for adoption.

State laws are generally designed to favor reunification of the child with the natural parent but recognize that a child cannot wait indefinitely for a parent to become a fit custodian.

Accordingly, if your daughter cannot rehabilitate herself within a reasonable time to become a fit parent and does not comply with the reunification plan established by case workers for the best interests of the child, she can expect the state to take legal action to have her parental rights terminated.

New Jersey Law Links at Rutgers:

New Jersey Law

New Jersey Legislature:

New Jersey Legislature

New Jersey Statutes:

http://lis.njleg.state.nj.us/cgi-bin...TOC_Frame_Pg42

30:4C-15 Petition to terminate parental rights, conditions.

15. Whenever

(a)it appears that a court wherein a complaint has been proffered as provided in chapter 6 of Title 9 of the Revised Statutes, has entered a conviction against the parent or parents, guardian, or person having custody and control of any child because of abuse, abandonment, neglect of or cruelty to such child; or

(b)(Deleted by amendment, P.L.1991, c.275);

(c)it appears that the best interests of any child under the care or custody of the division require that he be placed under guardianship; or

(d)it appears that a parent or guardian of a child, following the acceptance of such child by the division pursuant to section 11 or 12 of P.L.1951, c.138 (C.30:4C-11 or 12), or following the placement or commitment of such child in the care of an authorized agency, whether in an institution or in a resource family home, and notwithstanding the reasonable efforts of such agency to encourage and strengthen the parental relationship, has failed for a period of one year to remove the circumstances or conditions that led to the removal or placement of the child, although physically and financially able to do so, notwithstanding the division's reasonable efforts to assist the parent or guardian in remedying the conditions; or

(e)the parent has abandoned the child; or

(f)the parent of a child has been found by a criminal court of competent jurisdiction to have committed murder, aggravated manslaughter or manslaughter of another child of the parent; to have aided or abetted, attempted, conspired, or solicited to commit such murder, aggravated manslaughter or manslaughter of the child or another child of the parent; or to have committed, or attempted to commit, an assault that resulted, or could have resulted, in the significant bodily injury to the child or another child of the parent; or the parent has committed a similarly serious act which resulted, or could have resulted, in the death or significant bodily injury to the child or another child of the parent; a petition to terminate the parental rights of the child's parents, setting forth the facts in the case, shall be filed by the division with the Family Part of the Chancery Division of the Superior Court in the county where such child may be at the time of the filing of such petition. A petition shall be filed as soon as any one of the circumstances in subsections (a) through (f) of this section is established, but no later than when the child has been in placement for 15 of the most recent 22 months, unless the division establishes an exception to the requirement to seek termination of parental rights in accordance with section 31 of P.L.1999, c.53 (C.30:4C-15.3). Upon filing the petition, the division shall initiate concurrent efforts to identify, recruit, process and approve a qualified family to adopt the child.

A petition as provided in this section may be filed by any person or any association or agency, interested in such child in the circumstances set forth in subsections (a) and (f) of this section. The division shall seek to be joined as a party to a petition filed to terminate the parental rights of a child in the care and custody of the division unless the division has established an exception to the requirement to seek termination of parental rights in accordance with section 31 of P.L.1999, c.53 (C.30:4C-15.3).

L.1951,c.138,s.15; amended 1958, c.79; 1962, c.141; 1962, c.197, s.18; 1991, c.91, s.327; 1991, c.275, s.3; 1995, c.416, s.2; 1997, c.175, s.17; 1999, c.53, s.29; 2004, c.130, s.55.

30:4C-15.1 Termination of parental rights, standards.

7. a. The division shall initiate a petition to terminate parental rights on the grounds of the "best interests of the child" pursuant to subsection (c) of section 15 of P.L.1951, c.138 (C.30:4C-15) if the following standards are met:

(1)The child's safety, health or development has been or will continue to be endangered by the parental relationship;

(2)The parent is unwilling or unable to eliminate the harm facing the child or is unable or unwilling to provide a safe and stable home for the child and the delay of permanent placement will add to the harm. Such harm may include evidence that separating the child from his resource family parents would cause serious and enduring emotional or psychological harm to the child;

(3)The division has made reasonable efforts to provide services to help the parent correct the circumstances which led to the child's placement outside the home and the court has considered alternatives to termination of parental rights; and

(4)Termination of parental rights will not do more harm than good.

b.The division shall initiate a petition to terminate parental rights on the ground that the "parent has abandoned the child" pursuant to subsection (e) of section 15 of P.L.1951, c.138 (C.30:4C-15) if the following standards are met:

(1) a court finds that for a period of six or more months:

(a)the parent, although able to have contact, has had no contact with the child, the child's resource family parent or the division; and

(b)the parent's whereabouts are unknown, notwithstanding the division's reasonable efforts to locate the parent; or

(2)where the identities of the parents are unknown and the division has exhausted all reasonable methods of attempting identification, the division may immediately file for termination of parental rights upon the completion of the law enforcement investigation; or

(3)where the parent voluntarily delivered the child to and left the child at, or voluntarily arranged for another person to deliver the child to and leave the child at a State, county or municipal police station or at an emergency department of a licensed general hospital in this State when the child is or appears to be no more than 30 days old, without expressing an intent to return for the child, as provided in section 4 of P.L.2000, c.58 (C.30:4C-15.7), the division shall file for termination of parental rights no later than 21 days after the day the division assumed care, custody and control of the child.

c.As used in this section and in section 15 of P.L.1951, c.138 (C.30:4C-15) "reasonable efforts" mean attempts by an agency authorized by the division to assist the parents in remedying the circumstances and conditions that led to the placement of the child and in reinforcing the family structure, including, but not limited to:

(1)consultation and cooperation with the parent in developing a plan for appropriate services;

(2)providing services that have been agreed upon, to the family, in order to further the goal of family reunification;

(3)informing the parent at appropriate intervals of the child's progress, development and health; and

(4)facilitating appropriate visitation.

d.The division shall not be required to provide "reasonable efforts" as defined in subsection c. of this section prior to filing a petition for the termination of parental rights if an exception to the requirement to provide reasonable efforts to reunify the family has been established pursuant to section 25 of P.L.1999, c.53 (C.30:4C-11.3).

L.1991,c.275,s.7; amended 1995, c.416, s.3; 1997, c.175, s.18; 1999, c.53, s.30; 2000, c.58, s.3; 2004, c.130, s.56.

30:4C-15.2. Final guardianship hearing
8. A final hearing for guardianship shall be held within three months from the date the petition is filed with the Family Part of the Chancery Division of the Superior Court pursuant to section 15 of P.L.1951, c.138 (C.30:4C-15).

L.1991,c.275,s.8.

[Debra]

The poster wrote: "My daughter lost custody of her child because of drugs."

The poster's statement indicates that her daughter lost custody through a state-initiated child neglect or deprivation proceeding in a court of law. The state succeeded in having the child removed from the mother's custody. The state placed custody first with the natural father and then with the paternal grandmother.

The poster wrote: "She [the paternal grandmother] says, my daughter has two years, to get clean, and do all that has to be done and get child back, or she loses custody forever."

Again, this statement indicates state action. However, the grandmother was incorrect in the amount of time that the mother had to remedy the situation. As quoted above, New Jersey State law provides the mother with six months to a year to become a fit parent and to comply with the reunification plan. If the mother abandons the child (e.g. fails to have any contact with the child for a period of six months), then she risks termination of parental rights. If the mother fails for a period of one year to remove the circumstances or conditions that led to the placement of the child with the paternal grandmother, then she risks termination of parental rights.

The poster asked: "My daughter is trying and is doing really good, but what happens when that deadline hits, and she doesn't have custody, will she lose forever?

When the statutory deadline (six months to a year) "hits," and if the child's mother has failed to become a fit parent and has not complied with the reunification plan established by case workers, then YES--she RISKS losing custody of her child forever. Once parental rights are terminated, the child is available for adoption. Since the state has placed the child with the paternal grandmother, and if the paternal grandmother has proven herself to be a fit custodian, the paternal grandmother may adopt the child.