Sunday, October 3, 2010

New decision of the NJ Supremes regarding sibling visitation

In the Matter of D.C.
This is a case that involves an older sibling who petitioned to become a caretaker for her younger siblings.  One sibling was left in her care while her rights to the others who were twins were terminated.  DYFS argued against sibling visitation pending the adoption.  The Supreme Court in this matter referred to the Childrens Bill of Rights in determining that the prior holdings that there was no way to enforce sibling visitations on foster parents was no longer applicable, the Court reasoned that that it was necessary to look to the "child's best interest" in permitting continued visitation between siblings, and found that DYFS should indeed facilitate such contacts unless they can prove it would be detrimental to the child(ren) in placement.

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