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Wednesday, October 6, 2010

In the Matter of D.C. & D.C., Minors (A-71-09)

In the Matter of D.C. & D.C., Minors (A-71-09) 9-29-10

Under the Child Placement Bill of Rights Act, N.J.S.A.

9:6B-1 to -6, visitation between siblings placed

outside the home is presumed in the period before

adoption, and the Division has an independent

obligation to facilitate visitation. To oppose

visitation, the Division must prove it is contrary to

the child’s welfare under the standards provided in

the Child Placement Bill of Rights Act. After

adoption, adoptive parents are free, within the same

limits as biological parents, to raise their child as

they see fit. Parental autonomy is not absolute,

however. A biological or adoptive family may be

ordered to permit third-party visitation where

necessary to avoid harm to the child.