Table of Contents

INTRODUCTION

This book is about your rights as a young person in New Jersey. The idea that you have the right to make independent decisions and to act on your own behalf is relatively new. The laws giving young people rights are still evolving in our state and in other states across the country.

In the past, your rights were seen as protective rather than independent. Decisions were made for you by your parents and sometimes by the state. You were considered unable to make your own decisions because of your age, lack of experience and need to depend on your family. It was the responsibility of other people, your family and society as a whole, to act on your behalf.

YOUR RIGHTS AS A YOUNG PERSON IN NEW JERSEY

A Necessary Balance
In some ways, this has not changed a great deal. Your parents are still expected to protect you and your rights. They are responsible to care for and support you. They also have the authority to make most decisions on your behalf.

The state also has a responsibility to protect you and your rights. Through its agencies that assist children and families, the state can help you and your family when you have problems. It can also act on your behalf if your parents do not meet their responsibility, such as when you are at risk of being abused.

But your independent rights have also grown, especially in situations outside the family that involve your personal liberty and freedom. You have specific rights to an education as well as some constitutional rights such as free speech in the school setting. You also have constitutional rights that protect you if you get in trouble with the law, although they are not as strong as the rights given to adults.

The key to understanding your rights is balance - balancing your rights with the rights of your parents, your parents' rights with the interests of society, and your right to independence with your need for protection.

The purpose of this book is to inform you, your parents, people who work with children and the public in general about the legal rights of children in New Jersey. It talks about your rights in several different areas: your community, your family, your school, living situations other than the family, and the courts. The book describes where your rights come from, what they are and how far they go.

It is important to understand that the rights described in this book often express what the law says rather than how it is carried out. You may find that individuals or entities that are supposed to provide you with certain services or rights do not do so. That is why it is so important for you to understand your rights. Knowing your rights is the first step to having your rights respected.

Always remember that the law is constantly changing. The rights described in this book may change with new laws and court decisions. Sources for the law are included at the end of every chapter so you can check the current law in any situation that you face.

Asserting Your Rights
There are people who can help you assert your rights. Your parents are responsible to make sure that your rights are protected and enforced. Sometimes, however, you need independent representation and you may be entitled to have your own attorney or other advocate.

How you obtain independent representation varies. You do have the right to hire your own attorney if you can pay his or her fee. In certain situations, the court will appoint an attorney for you at no cost. This usually happens in very serious cases of family conflict or risk to your personal freedom. When you are entitled to a lawyer and where you can obtain legal services are described more fully in the sections that follow.

Other people can help you advocate for your rights. There are advocacy groups that can help. Agencies like the Division of Youth and Family Services or the Juvenile-Family Crisis Intervention Unit can help protect your rights. Information about these resources and programs can be found at the end of this book.

Your Right to Make Decisions

You do have some rights to independent activities and adult decision-making before you reach the age of 18. These rights are similar to adult rights, but are usually limited in some way. Some rights are limited by age, others are limited by the nature of the activity or the decision involved. These limits protect you, but also protect the community from your actions. There are also ways that you can become independent from your family before you turn 18.

AGED-BASED RIGHTS

Driving
You may obtain your learner's permit at age 16 in New Jersey. When using your learner's permit, you must be accompanied by a licensed driver who is over 21 and has had his or her license for at least three years. This can be a driver's education instructor or a member of your household. You can only have one person in the car with you who is not a member of your household. You are prohibited from driving between the hours of 11:01 p.m. and 5 a.m.

Beginning January 1, 2001, when you turn 17 you are eligible for a provisional driver's license rather than a regular license. With a provisional license there are restrictions on when you may drive and who can be in the car with you. When you turn 18, you are eligible for a regular license with no restrictions.

Marriage
You are permitted to marry without the consent of your parents at the age of 18 in New Jersey. You can marry at the age of 16 with the consent of your parents, and in some cases, with the consent of a judge. If you are under the age of 16, you must obtain a court order to get married, whether or not your parents consent.

Employment
If you are a minor, the state has a right to restrict the age at which you may work, the number of hours you may work and the type of work you may do. Each state has child labor laws based upon the federal Fair Labor Standards Act, which was enacted to protect you from dangers and exploitation in the workplace.

State law also regulates the benefits you receive from work. Your employer is not required to pay you the minimum wage unless you work in a store, hotel, motel, restaurant or certain manufacturing jobs. Unlike an adult, if you are injured on the job you are not limited to benefits under the Worker's Compensation Law. Extra compensation is possible if your employer is found to have violated the child labor laws.

If you are under 18, you must get an employment certificate or working papers from the issuing officer of the school district in which you live.

Handling Money
As a minor, your rights to handle your own money are limited. You cannot buy or sell property. You cannot sue or be sued. You cannot inherit property unless it is through a guardian appointed for you. Legally, any money you earn from working belongs to your parents. This does not apply if you are an emancipated minor, which is explained later. If your parents allow you to collect and spend your earnings, you can be considered partially emancipated, and your parents have no right to your earnings.

You do have a right to sign contracts, even as a minor. You can, however, refuse to honor a contract while you are under 18, but you are still obligated to pay for any benefits you receive from the contract. For example, if you agree to buy a car from a dealer on monthly payments, you can decide to break the deal. The dealer cannot hold you to the contract. You must, however, return the car, and you will most likely not get all of your money back. This often makes people reluctant to conduct business with minors. Very often your parents will be asked to co-sign a loan or contract for you.

There are some exceptions to this. If you sign a contract for a loan to go to college, it is as valid and binding as if you were 18. New Jersey also permits minors over 15 years of age to contract for life insurance.

Curfews
Local communities are allowed by law to limit your right to be on the street or in public places. They can set a curfew and prohibit you from being outside after a certain hour. If a town chooses to set a curfew, it cannot begin before 10 p.m., and must exempt minors who violate the curfew because they are traveling to or from work. Charges can be brought against you, or you may be required to pay a fine if you violate a curfew.

ADULT DECISION-MAKING

Medical Treatment
In most instances, you must be 18 years of age or older to obtain medical treatment for yourself without the consent of your parent or guardian. Under certain circumstances, the court can consent to essential medical treatment for you if your parents refuse. There are, however, certain important types of medical treatment that you can consent to at any age, without your parents' knowledge or approval.

Very often a doctor will encourage you to talk to your parents or ask you if he or she can tell them about your treatment. In certain situations, like obtaining contraceptives, the doctor may notify your parents if he or she feels it is in your best interests. If you have been sexually assaulted, the doctor is required to notify your parents unless he or she feels it is in your best interests not to do so.

Abortion
At the present time, a girl of any age may obtain an abortion without her parents being notified. In 1999, the New Jersey Legislature passed a law requiring parents to be notified. This law was struck down by the New Jersey Supreme Court in 2000, but may be considered by the Legislature again. Check with your doctor to determine the current status of the law.

Counseling Your right to counseling or mental health services without parental consent is a gray area. The laws that permit you to access drug or alcohol treatment are sometimes interpreted to include counseling services. Certain mental health professions, such as psychologists and psychiatrists, have standards for the treatment of minors. School personnel, such as guidance counselors, must follow their school district's policy on counseling a minor without parental consent or notice.

Parenting Teens
If you are under the age of 18 and have a child of your own, you have a right to make decisions on your child's behalf just like any other parent. You decide how your child will be raised. You can consent to medical treatment for your child even if your own parent must still consent to medical treatment for you.

You are also responsible for the support and care of your child, whether or not the child is living with you. For example, if you are an unmarried father, you are obligated to pay child support. The amount will be determined based on your earningsand financial status. You are not required to leave school to support your child. You have the right to custody of and visitation with your child.

You can receive financial help to care for your child through the Temporary Assistance to Needy Families (TANF) program. The benefits you receive depend on your financial status and that of your parents if you are under the age of 18. Although your parents have no responsibility to support your baby, they continue to have a responsibility to support you.

Additionally, in order to receive TANF benefits, you must live with your parent or guardian, or in some adult-supervised arrangement if you are under 18. Your benefits will be paid to the adult with whom you are living. If you have another baby while you are receiving TANF benefits, you are not eligible for assistance for your second child.

New Jersey requires its TANF recipients to work. If you are under the age of 18, you must attend high school or an equivalent school program on a full-time basis. If you have completed school or cannot finish school, you must be engaged in a full-time work activity. You are eligible for child care assistance for your baby while you are in school or working.

There are other programs that can help you with your basic needs if you are eligible. The Food Stamp Program and the Supplemental Food Program for Women, Infants and Children (WIC) can help you obtain food for yourself and your child. You and your child may also be entitled to medical assistance through the Medicaid or New Jersey Family Care, which includes KidCare programs even if you do not qualify for TANF. Your county welfare office can tell you more about these programs.

Emancipation
Emancipation is the way you can become fully independent from your parents and obtain adult rights before reaching the age of 18. When you are emancipated, your parents no longer have a right to custody and control over you, nor the right to receive your earnings. They are also no longer responsible to support you.

Emancipation means that you can make adult decisions for yourself. It does not change the age at which you can vote, drink, drive or marry.

Although New Jersey does not have a law granting emancipation to minors, you can go to court to legally free yourself from your family before you turn 18. The judge will make his or her decision based on what is in your best interests. There is a presumption against emancipation - the court would prefer to leave you in your family's control. You must prove to the judge that it is in your best interests to be free of your parents' authority and support.

Emancipation is a very serious decision. You must be able to fully support yourself without help from your parents. It may be the best way to obtain the right to make decisions for yourself if your parents agree, or if for some reason you are not able to live with your parents.

DISCRIMINATION

Sex Discrimination in School
There have been several court cases involving sex discrimination in the public schools.

School sports activities must be made available on an equal basis to all students, regardless of their sex. This does not mean that schools cannot choose to operate separate teams for the two sexes, as long as the sports program as a whole provides equal opportunities for students of both sexes to participate in sports at the same level of difficulty and skill.

Challenges to sex discrimination in the schools have been successful in other areas as well (see the chapter on Your Rights In School). For example, you cannot be prohibited from taking a certain course or participating in certain activities because of your gender. You also cannot be discriminated against in school admissions or financial aid.

Age Discrimination
There are almost no laws that protect you from discrimination because of your age. An employer can, for example, deny you a job because he or she thinks you are too young, even if the job is permitted under the child labor laws.

One important exception in the age discrimination area is federal and state housing laws which prohibit the exclusion of families with children from rental housing. A landlord who violates the law can be subject to a fine and other penalties, including being required to rent the apartment to your family.

Your Rights in the Family

Your rights within your family are a combination of your individual needs and your parents' authority and responsibility. Your family is a very important part of your growth and development. Because the family is so important, the state has a responsibility to help keep families together, and has some rules about creating new families after divorce and through adoption. With this in mind, the state will not come between you and your parents unless it must protect you from abuse or neglect.

PARENTAL RIGHTS AND RESPONSIBILITIES

Your parents' rights are not without limits. Their method of discipline cannot be abusive. If they refuse to consent to certain necessary medical treatment for you, like a blood transfusion, because of their religious beliefs or other reasons, a judge can order the medical care for you.

Your parents also have some important responsibilities.

Family Assistance
Your family may be eligible to receive benefits from the Temporary Assistance to Needy Families (TANF) program if their income falls below a certain amount. If they are not eligible for TANF, your family may be able to get help in providing you with other basic needs, such as food and medical care. They may qualify for Food Stamps, the Supplemental Food Program for Women, Infants and Children (WIC) or the school breakfast and lunch programs. They may also be eligible for medical insurance through Medicaid, or NJ FamilyCare, which includes NJ KidCare, or financial assistance through the Catastrophic Illness Fund. Your local county welfare office can give you more information about these and other programs.

If you have a disability, you may be entitled to Supplemental Security Income (SSI) benefits. SSI benefits are determined by the Social Security Administration based upon the severity of the disability and your family's income. If your disability has certain specific characteristics, your family may be eligible to receive additional services from the state's Division of Developmental Disabilities. These services are meant to help your family take care of you at home.

Parental Liability
Your parents can be held responsible for your behavior. They can be held liable if you intentionally hurt someone or damage another person's property. Your parents will be considered at fault if the judge feels that they did not supervise or control you properly.

Your parents are also liable if you damage a school building or school property. If you vandalize a school building by breaking windows, for example, your parents will be responsible to pay for the damage.

You have a limited right to sue your parents if you are injured because they failed to take care of you, failed to protect you or abused you. Their actions, however, must be considered willful. They cannot be sued if they merely failed to supervise you, or if you were hurt because of your own carelessness.

CHILD PROTECTION

If your parent willfully fails to give you adequate food, clothing, shelter, education or medical treatment, it is called neglect. Because a parent is poor, however, does not mean that he or she is neglectful - your parent must purposely fail to provide proper care for you.

The state can help you if your parent or guardian is abusing or neglecting you. The Division of Youth and Family Services (DYFS), which is the state child protection agency, must investigate any complaints that your parents are mistreating you.

Reporting Abuse or Neglect
State law requires anyone who has reasonable cause to believe that you have been abused or neglected to report this to DYFS. He or she can file a report by calling DYFS 24 hours a day at 1-800-792-8610. Anyone reporting an incident to DYFS does not have to leave their name or phone number.

Once a report is made, DYFS must investigate it immediately. A DYFS caseworker can question you, your parents, your teacher, your relatives and neighbors. DYFS can require that you be taken for a medical examination to see if you have been abused, and can get a court order to visit you in your home to make sure you are safe.

If you or someone else reports abuse or neglect to DYFS, it does not mean that your parents will get into trouble or that you will be taken from your home. DYFS's job is to protect you and to keep your family together whenever possible. DYFS has a responsibility to provide services, like counseling, child care and homemaker assistance, to help your family take care of you so you can remain at home.

Your parents can be brought into court if they seriously hurt you or do not care for you properly. DYFS can ask the court to arrange for you to live with a relative or another family until your parents are better able to take care of you. In very serious instances, the state can take your parents to criminal court where, if found guilty, they can go to jail for hurting you.

Protecting Your Rights
The caseworker assigned to you and your family is your advocate. Although the caseworker's job is to work with your family, his or her first responsibility is to protect you. You can talk to your caseworker about what happened to you and your family's problems. You can ask him or her questions if you are confused or worried about what will happen next. Most child abuse cases reported to DYFS do not end up in court. If you have been seriously abused, however, DYFS can bring your parents to court to get the court's help in protecting you. In those cases, the judge will give you your own lawyer, called a law guardian.

Your law guardian is an attorney who works for the state Office of the Public Defender. It is the law guardian's job to represent you in court, since you will most likely not be allowed to attend the court hearing. It is important that you talk to your law guardian about your questions and concerns so he or she can speak on your behalf to the judge and advocate for your rights with DYFS.

Some counties also have Court- Appointed Special Advocate (CASA) programs which provide trained volunteers to advocate on behalf of children involved in DYFS cases. The CASA, appointed by the judge, may investigate or complete certain tasks to further your best interests.

Being a Witness in Court
In cases of serious child abuse, you may be required to be a witness in court. This can be very frightening, and special arrangements are sometimes made so that the courtroom experience will be easier.

In order for you to be allowed to testify on closed-circuit television, the judge must decide that there is a substantial likelihood that you will suffer severe emotional or mental distress if you are required to testify in court. The judge must consider factors such as the nature of the crime and your relationship to the defendant. Expert testimony from a psychologist or doctor is not necessary.

DIVORCE AND SEPARATION

Custody
Both of your parents have the right to participate in raising you. There are different kinds of custody or parenting time arrangements that your parents can agree to, or which can be ordered by the judge. In sole custody, you live with one parent, who has the right to make decisions for you, and spend time with the other parent. In joint custody, your parents share physical custody and decision-making. You alternate living in one parent's home and then the other's.

Another arrangement would be joint legal custody, with one parent having primary residential custody. You live with one parent, but both parents have the right to be involved in making decisions about your education, health, and general well-being.

The courts have mediation programs, which can help your parents reach an agreement about your custody in a friendly manner. If your parents cannot reach an agreement regarding custody, a judge must make the decision. The judge has a responsibility to assure that you have ongoing contact with both parents, unless it is harmful to you.

If the judge decides which parent you will live with, there are certain factors that he or she must consider. Your parents' rights are equal - the judge should not give preference to your mother just because she is the mother, or to the parent who makes the most money.

Visitation
You have a right to visit with the parent you are not living with. Regular, frequent visitation is important so that you will be able to continue your relationship with both parents. When the judge makes the custody decision, he or she will also order a visitation plan for you and your parents.

The judge has the right to limit or restrict visitation if it is in your best interests to do so. Visits can be restricted or supervised if they cause physical or emotional harm to you, or if the judge feels that your parent is unfit for some reason.

Your Input
You have the right to be involved in the custody and visitation decisions if you wish. The judge will consider your preferences if he or she feels that you understand what is happening and can make an intelligent decision.

If you are seven years of age or older, the rules of court require that the judge meet with you if one of your parents requests it. The judge will usually discuss your preferences with you privately in his or her office, not in the courtroom in front of your parents, although a recording of what you talk about will be made.

What impact your wishes have on the final decision depends on several things. Very often your age is a key factor in how much weight the judge gives your preferences. The law does not designate a specific age, but generally the older you are, the more likely the judge will be to give serious consideration to your wishes. However, your preference will never be the deciding factor.

Having Your Own Lawyer
In some custody cases, you may have the right to have your own attorney. The judge will appoint an attorney for you if he or she feels that independent legal representation is needed to protect your interests. Your parents or you, through your parents, can ask the judge to appoint an attorney to act on your behalf and present your position. This attorney would be called counsel for the child or law guardian.

The judge can also appoint a guardian ad litem if one of your parents asks, or if the judge thinks it is in your best interests. The guardian ad litem is an independent investigator for the judge, and does not have to be an attorney.

Your guardian ad litem must submit a written report to the judge describing his or her recommendations regarding the best parenting plan for you. He or she may also be required to testify in court at the custody hearing. You will probably not be permitted in the courtroom.

Typically, your parents are obligated to pay the fees for your attorney or guardian ad litem. If you or your parents cannot afford to pay, the judge may ask an attorney or a guardian ad litem to serve on a pro bono basis, meaning free of charge to you or your parents. This does not happen very often.

Changing Custody
Once the custody and visitation decisions are made by the judge, they are difficult to change. Anyone who wants the judge to reconsider a parenting time arrangement must prove that circumstances have changed and that a new custody/visitation plan is needed. This is to make sure that your living arrangement is stable and consistent.

Grandparent and Sibling Visits
Your grandparents, brothers and sisters have some rights to visit with you. If your parent has the right to visit you, the court may assume that your grandparents are also able to visit, and will not grant them independent visitation rights. If your parent is not visiting you, or there are other problems causing your parents to refuse contact, your grandparents or siblings can ask the judge for visitation rights. They must show the judge that their visits are in your best interests, and your prior contact with them is an important factor.

CHILD SUPPORT

If your parents cannot agree on child support payments, the amount will be calculated by a hearing officer or judge, using standard income guidelines. The child support guidelines are used in both divorce actions and in custody cases if your parents are separated or were never married. In most cases, the child support is automatically deducted from your parent's paycheck and paid through a state account to the parent you live with. Child support does not automatically end when you turn 18. The parent paying the support must make an application documenting that you are emancipated - finished school and able to work.

In some cases, parents may also be responsible to pay for your college expenses. In making a decision, the judge will consider factors such as the cost, the ability of your parents to contribute, whether you would have attended college if your parents had remained together, your academic ability, your relationship with your non-custodial parent and your own financial resources. If the judge decides that you are entitled to assistance, he or she can order your parents to pay all or part of the tuition and educational expenses, and/or order continued child support until you finish school.

KINSHIP CARE

If your relative has birth certificates to prove his or her relationship to you, he or she may be eligible for modest financial assistance and Medicaid for you through the county welfare office. Under this program, your relative would be considered a parent-person. If your relative does not qualify for this program, DYFS may provide help through their para-foster parent program.

Relatives receive the most help when DYFS has placed you with them because they believe your parents are abusing or neglecting you. To get this help, your relative must agree to become your foster parent, and his or her household must be approved by DYFS. A foster parent does not have all of the rights of a birth or adoptive parent. Also, if your relative does not plan to adopt you, DYFS may continue to look for another permanent home for you. If your relative does adopt you, financial help will be limited unless DYFS considers you a special needs child - someone who has a specific disability or is not likely to be adopted due to age or race.

A new law was just passed which can assist families who have assumed the care of children because of the parents' long-term incapacitation. If you have lived with a kinship caregiver for at least one year and your parents' inability to assume responsibility for you will continue for the foreseeable future, your relative can apply to the New Jersey Superior Court, Family Part for an order to become your kinship legal guardian. The law takes effect January 2002.

STANDBY GUARDIANSHIP

ADOPTION

Because your birth parents give up their responsibility for you in adoption, the process gives the state more rights than it usually has regarding your family. The state must make sure that you have a good family that can care for you properly. The state has the right to investigate your new family to make sure that they will be good parents.
The state can help your adoptive family financially if you are a special needs child. This is called adoption subsidy. You can find out more about adoption subsidy by calling DYFS, which is listed in the Appendix.

Being Adopted
There are several ways in which an adoption comes about. Sometimes your parents cannot take care of you at birth, so they look for another family, either on their own or through an adoption agency, to care for you. Sometimes the state will look for an adoptive family if your parent has abandoned you or has seriously failed to take care of you. If your parent divorces and remarries, your step-parent may want to adopt you.

However the adoption comes about, there are rules that protect you, your birth parents and your adoptive parents. No one can sever your birth parents' right to you without their consent or knowledge. Your birth parents can agree to the adoption and sign legal papers called a surrender of custody. If your parents do not agree to the adoption, they will have a chance to express their wishes in court.

This is only the first half of the adoption. Once the rights of your birth parents have ended, your adoptive parents must go to court to legally become your new family. This is called the adoption finalization. This is when your rights and wishes regarding the adoption are considered.

Every adoptive family, even in a private or stepparent adoption, must be investigated by an adoption agency to make sure that they will care for you properly. The judge will ask a social worker to visit your adoptive home to talk to you and your adoptive parents. Your opinions and wishes will be considered in the social worker's report. Depending on your age, the judge may also interview you during the finalization hearing in court.

Adoption Records
After the finalization hearing, the judge will issue an order to legally make your adoptive parents your new family.

The judge will change your last name to that of your adoptive family, and you will get a new birth certificate in your new name, with your adoptive family identified as your parents. Your adoption records are then sealed by the court and no one can see them.

Your adoptive parents will probably not be told your original name but will be given some other descriptive information about your birth parents from the agency handling your adoption. When you turn 18, you will be able to obtain this information if your adoptive parents have not already discussed it with you. You will not be told your original name or who your birth parents were.

Because adoption records are sealed in New Jersey, not even you have the right to that information unless you have a very good reason for needing it. Some adoption agencies do keep a record of birth parents who would like to meet their children. If your birth parents have given their permission, you can request their names when you turn 18. Even if they have given their permission for you to contact them, your birth parents will not be given your new name and address - they must wait for you to look for them.

Brothers and Sisters
Sometimes brothers and sisters are adopted by separate families and grow up apart. There are several ways you can find out about and possibly contact your brothers and sisters after you have been adopted.

If you were older when you were adopted, the court and the agency handling the adoption can try to arrange continued contact with your brothers and sisters after the adoption. They cannot require your adoptive family to allow visits, but they can encourage them for your well-being. If you have brothers and sisters adopted by another family, both sets of adoptive parents must agree before you can contact each other.

If you were adopted as an infant and do not know if you had any brothers and sisters, you can go back to the adoption agency that handled your adoption and ask for information. They may have details on file which they will share with you. They may agree to contact your brothers and sisters and ask them if they are willing to meet you. Generally you will have more success obtaining information if you are over 18.

Open Adoption
Some agencies have begun to arrange open adoptions that allow your birth parents and adoptive parents to meet each other before your adoption. In open adoptions, your birth parents can exchange letters and pictures with you, and may even continue to see you and your adoptive family after the adoption is finalized. Your adoptive parents must agree to this arrangement. They have the right to decide what the contact should be. An open adoption will only last as long as everyone agrees to it. It is not an arrangement that will be enforced in court.

Your Rights in School

Every child in New Jersey has the right to a free public education. This section discusses how you and your family can make sure that your right to an education is respected, especially if you are a student with special needs. It also discusses your personal rights in school: what limits the school can set on your behavior, how you can be disciplined, and how your constitutional rights of free speech and freedom from unlawful search and seizure apply in the school setting.

YOUR RIGHT TO AN EDUCATION

Your educational rights are based upon federal and state law, as well as local school district policies and procedures. The law establishes which educational programs and services must be provided. Your local school district must make sure that these educational services are provided to you. The law tells your district what it must provide - how it is done is up to the district.

Equality is a very important part of your educational rights. Every child in the state is entitled to whatever educational services the state considers appropriate and necessary for its children. Your right to an education cannot be denied because of your race, sex, ethnic background, handicap, socioeconomic background or place of residence.

Residency
New Jersey provides a free public education to all residents between the ages of five and 20. You can attend a public school free of charge if you live in the school district with your parents or guardian, or if the Division of Youth and Family Services has placed you there. If you live more than two miles from your elementary school or more than 2-1/2 miles from your high school, your local school district is required to provide transportation for you to get to and from school.

If you are living with an adult who is not your legal guardian, you can attend a public school in that district as long as the person you are living with is supporting you financially and you are living there for a period longer than just the school year. Your parents are required to sign a statement that they are not able to support you. The statement must also explain that economic or family hardship (money or other family problems) is preventing your parents from taking care of you.

There are some special rules for students who are homeless and living in a temporary shelter in another district. These rules are explained later in this section.

The residency requirements do not state that you must be a citizen of the United States to receive a free public education. Your school district cannot refuse to educate you just because you are not a U.S. citizen.

Preschool
Presently, the 30 poorest school districts in New Jersey must offer full-day kindergarten for five-year-old children and half-day preschool programs for all three- and four-year-old children in their districts. By September 2001, over 120 additional school districts will have to provide full-day kindergarten as well as half-day preschool programs for all four-year-old children in their districts.

Compulsory Education
School attendance is compulsory - required - if you are between the ages of six and 16. Your parents can decide to send you to a private or parochial school, or even educate you at home. If your parents fail to send you to school, they can be fined. If you are truant - absent without an excuse - from school, you can be arrested by your school's attendance officer after a warning to return to school.

Exclusion from School
Your school district can only keep you out of school under special circumstances. You can be kept out of school temporarily because of illness, especially if you have a communicable disease. You are required to show proof of immunizations before being admitted to school.

You cannot be excluded from school because you have AIDS or have been exposed to AIDS. Also, you cannot be excluded because you are pregnant, as discussed later in this section.

In some circumstances, the school can suspend or expel you because of behavior or discipline problems. You do have some rights before the school can take this action. This is explained in detail later in this section.

Special Education
If you are a student with disabilities, you have strong educational rights under state and federal law. Your local school district must provide you with an educational program that meets your particular needs, even if it means setting up a special program for you or finding an appropriate program outside the district.

Equal educational opportunity did not always extend to students with disabilities. As recently as the 1970s, many states excluded children with special needs from school, or required them to participate in the general curriculum without making any attempt to provide special services to meet their particular educational needs.

In 1975, Congress passed the Education for All Handicapped Children Act, which in 1990 was changed to the Individuals with Disabilities Education Act (IDEA). In 1997, the law was amended to provide even more rights to students with disabilities.

IDEA ensures that all students with disabilities have a free, appropriate public education in the least restrictive environment, which means in as regular a setting as possible.

Evaluation
Before a special program can be arranged for you, you must have an evaluation to determine if you are in need of special education and, if so, what kind of educational program can best meet your needs. This evaluation is done by a team of people led by a professional from your local school district. The team may be made up of your parents, a special education teacher, a psychologist or learning disabilities specialist and anyone else who might be needed to determine if you have a disability. There is no cost to you or your parents for the evaluation.

You can be referred for evaluation in two ways. Your parents can request in writing that you be evaluated, and the district has 20 days to answer the request. Your teacher, school social worker or other school staff member can also refer you for evaluation. If the evaluation is approved, your parents must be notified in writing and give their written consent. If they refuse, the school district may request a court hearing and seek an order to evaluate you.

The evaluation team will conduct its own tests and review any other information available about you. Other consultants can be involved if any special tests are needed. Your teacher or principal will provide information about you to the team. Your parents have a right to be involved.

Once your evaluation has been completed, your parents have the right to be informed of the decision and to see all the reports used by the team. If they disagree with the team's decision, your parents have the right to have it reviewed. There are several different options they can pursue to challenge the results of your evaluation.

Individual Education Program
If you are classified as needing a special education program once your evaluation has been completed, your school district must develop a special educational plan for you. This is called an individual education program (IEP). The school district has 90 days from the date of written consent to evaluate you, develop and implement your IEP.

Your IEP must be discussed with your parents at a conference arranged at a time convenient for them. They have a right to bring anyone they wish to the conference to discuss the plan, including a lawyer or other advocate. If you are 14 or older, you should also attend the meeting.

Your parents must approve, in writing, your initial classification and IEP before it can be implemented. If they disagree with the plan, they can discuss it with school officials. If they still disagree, they may request mediation or a hearing through the state Department of Education.

Once your parents agree, your IEP must be implemented immediately. It will be reviewed at least once a year and you should be re-evaluated every three years to see if changes are necessary.

Class Placement
In implementing your IEP, your district must provide educational services to you in a regular class if at all possible. However, the IEP team has several options in developing an educational program appropriate for your individual needs.

If your school district does not have an educational program for you and must send you to another district, it is responsible to pay the tuition and transportation costs for you to attend that program. Your district is also responsible for any necessary related costs, such as counseling, physical therapy or other help that you need in order to benefit from an education.

If you move to another school district after your evaluation and IEP have been completed, your new school district must conduct a review of your last evaluation and IEP within 30 days. You cannot be kept out of school while the review is taking place. In the meantime, you must continue to receive educational services based upon your original evaluation and IEP.

Preschool Students with Disabilities
Your school district is required to identify children with disabilities between the ages of three and five and provide educational and related services to them. Preschool services need not be offered in the school or on a daily basis, but are developed to meet the child's special needs and must be given for at least 10 hours per week.

Early Intervention Services
Children from birth until age three may be eligible for early intervention services through the New Jersey Department of Health and Senior Services. Federal law mandates these services for developmentally delayed or at-risk children. These children are usually identified by a doctor or hospital staff shortly after birth. Young children with disabilities which develop later, such as autism, are also entitled to services.

Parents are referred to Special Child Health Services in the county health department, where a service coordinator is assigned to ensure that the child is evaluated. After the child's needs are determined, an individual family service plan (IFSP) is developed and implemented. Services should be provided in as natural a setting as possible, and include the parents' participation when possible. Some children take part in programs at early intervention centers for therapy and socialization. Eligible children are entitled to two hours per week free of charge.

Three months before their third birthdays, parents of children who are receiving early intervention services should contact their local school districts to determine if their child is eligible for preschool special education services.

Bilingual Students
If you are a student whose primary language is not English, and you have difficulty with schoolwork in English, your school district may be required to offer you bilingual classes. If, at the beginning of the school year a district has 20 or more students who speak the same language, it is required to provide bilingual instruction for them. This may be waived if the district can show that it is impractical to offer a full-time program; however, some alternative program must still be developed.

Your parents must be notified by the school district, in writing in their own language and in English, that you are enrolled in a bilingual education program. Your parents can refuse to allow you to be enrolled in the program. You are entitled to participate in the program for a maximum of three years. Your parents must be notified by mail that you no longer require a bilingual program.

Homeless Students
The law recognizes the special obstacles faced by students who are homeless and living in temporary shelter outside their original school districts. When you are homeless, the school district where you last resided and attended school is still responsible for you. This school district is considered your district of last residence.

Your district of last residence has three options in deciding where you should attend school. It can decide to keep you in its school, to transfer you to your current district or to enroll you in the district of last attendance if you lived elsewhere prior to the current district. It must base its decision on what is in your best interest.

If your parents do not agree with the district's decision regarding where you will go to school, they have a right to appeal to the county superintendent of schools. Appeals must be decided within 48 hours so that you are not kept out of school too long.

Students in Residential Care
If you are placed in a state facility, such as a psychiatric hospital, a correctional facility, a shelter or a residential treatment facility, you are entitled to a thorough and efficient education.

If you received special education services before entering the facility, your classification and IEP must be reviewed by the facility and you must be placed in a program consistent with your IEP. If you are not currently classified as disabled, the facility has 30 days to review your educational status and determine whether you should be evaluated.

When you are ready to leave, the facility must complete an educational progress report identifying your grade level, statewide assessment information, credits earned toward graduation and any vocational training you received. This information is used as the basis for your educational plan when you return to your district or attend another program.

Pregnant and Parenting Students
Your right to an education does not end if you are pregnant or raising a child. Your local school district is still obligated to provide educational services for you. Some districts will allow you to attend your local school until you give birth. Some arrange special or alternative programs within the district. Others arrange home instruction for you during the later months of your pregnancy if necessary.

You have the right to decide whether or not you wish to participate in any special program your district has arranged. Without your consent, your district cannot exclude you from any educational program or activity because of pregnancy. Any special educational program for pregnant or parenting teens must be comparable to the programs the district provides for non-pregnant students.

Your district cannot require a medical certificate for you to participate in a program or activity unless it requires a certificate for other disabilities or illnesses. Pregnancy is considered a temporary disability and is a valid reason for a leave of absence from school for as long as your doctor feels it is necessary. When your doctor decides that you can return, you must be reinstated to the grade level you were in prior to leaving school.

Once your baby is born, you can return to your local school. Some districts provide child care for your baby in or near the school so that you can attend classes. This is not required by law.

YOUR INDIVIDUAL RIGHTS IN SCHOOL

As a student, you have a right to privacy, although your free speech and freedom from search and seizure rights are limited in the school setting. You are also protected by the same laws that prohibit discrimination against adults on the basis of sex.

Curriculum
Family life education is required in kindergarten through 12th grade. The family life curriculum includes instruction in interpersonal relations, human sexuality and development, decision-making and family life. Your parents can refuse to allow you to participate in the family life curriculum if it conflicts with their conscience or their moral or religious beliefs. They must state in writing that they do not want you to attend the course. Your parents' wishes will prevail even if you disagree and want to participate.

Promotion and Graduation
Your school district is required to have specific policies regarding promoting and holding back students. These standards can include academic as well as attendance requirements. You and your parents must be notified during the school year of your progress in meeting these standards and your school's plan to assist you if you are having difficulty. Your district must also have an appeals procedure if you do not agree with the school's decision regarding your promotion.

In order to graduate from high school, you must pass the High School Proficiency Test (HSPT). The state Department of Education sets specific passing grades for reading, writing and math skills which you must achieve in order to receive your high school diploma. You will take this test for the first time in 11th grade. (As of April 2002, all 11th grade students will be taking the new High School Proficiency Assessment (HSPA), which will require passing grades in language arts, literacy and mathematics.)

If you do not pass one or more portions of the proficiency test, your district must develop a plan to help you. Instruction can be provided in the regular school program, after school or during the summer. You will be re-tested after receiving this help.

If by the 12th grade you have still not passed one or more areas required for the HSPT, but have met other graduation requirements, your district will conduct a special review assessment (SRA) to determine if you should graduate. The review panel can certify that you have satisfied the required levels of proficiency so that you can receive your diploma.

Student Records
Your school is permitted to keep records containing academic and non-academic information about you, such as results of evaluations, medical records and teacher reports. You have rights concerning what information can be kept about you, how you and your parents can see your records and who else may have access to them.

Your parents have a right to see your student records. If your parents are divorced, they both have the same rights to see your records, regardless of who has custody. You have a right to see your records after you turn 18, or with your parent's permission if you are under 18.

The school can refuse to release information to you and your parents only when it has a court order denying access, which can be appealed. The district may charge a reasonable fee for copying your records, except in certain cases where your rights would be affected by your inability to pay the fee.

You have the right to challenge any information in your record that is inaccurate, irrelevant or prohibited. You can demand that the challenged information be explained, corrected or taken out entirely. If your school refuses to change your record, you can appeal to your local board of education or to the state commissioner of education. You may also place your opposition in the file.

Your school records are confidential. They cannot be released without your parents' permission, or your permission when you turn 18, except under certain circumstances.

Discipline
State law prohibits the use of corporal punishment in school. Your teachers or other school personnel are not permitted to spank you or to physically punish you. They are permitted, however, to use reasonable force to quiet a disturbance that could physically hurt someone, to take a weapon or other dangerous object from a student, or to protect themselves, others or property.

If you are abused by a teacher or other school personnel, the Division of Youth and Family Services (DYFS) is responsible to investigate. You may report any incident you believe to be abuse directly to DYFS or to a teacher or other staff member of your school. If you report an incident to someone in your school, he or she must inform DYFS immediately, specifically the Institutional Abuse Unit.

Suspension and Expulsion
You can be suspended from school temporarily or expelled (excluded from school permanently) if you continually and willfully disobey or openly defy the authority of a teacher or other staff member. You cannot be suspended or expelled without good cause. You must have an opportunity to be notified of the charges against you and, in some cases, to have a hearing to discuss those charges.

If you face expulsion or a suspension that is longer than 10 days, you must receive written notice of the charge and a list of witnesses to be called in support of the charge. You must also be advised that you may be represented by a lawyer, to defend yourself against these charges.

Free Speech
You have a constitutional right to freedom of speech in school. Speech can include verbal as well as written expression or wearing certain symbols like buttons or messages on T-shirts. Unlike the free speech rights of an adult, however, your rights can be limited if they are disruptive or involve some school-sponsored activity.

School officials may not interfere with or punish you for exercising your freedom of speech or expression unless they can show that your activity would seriously disrupt the work and discipline of the school. However, these rights do not prevent the school from exercising editorial control over the school newspaper, as long as its censorship is related to educational concerns.

Student Searches
But for certain legal exceptions, before an adult's home, car or personal property can be searched, the police or other law enforcement personnel must have probable cause (elements required for a valid search and seizure) to believe that a violation of law has taken place. In many instances, they must have a search warrant. This is the constitutional right to be free from unreasonable search and seizure.

Although you also have a right to be free from unreasonable search and seizure while in school, it is not as strong as an adult's right in the community. The standard which allows a school to undertake a search is not as high. Rather than probable cause, the school must have reasonable suspicion to justify searching you or your property.

A teacher, principal or other school personnel may search you, your locker, your purse or other property if they suspect that you have drugs or other prohibited materials. This evidence can then be used against you at a school disciplinary hearing or in court if charges are brought against you.

Medical Examinations
Schools are required to conduct certain medical examinations of students, such as routine physical exams and vision and hearing screening. Your parents have the right to object to you receiving a medical exam in school and must notify the school in writing of their objections. They do not have a right to object to medical examinations involving your admission or continuation in school.

If you are having a physical exam in school and must remove your clothing, your parents have a right to be present. They must be notified of the date and time of the exam. If they cannot be there, the school nurse or a teacher must be present. If you are a female student, the nurse or teacher must also be female.

Sex Discrimination
As explained in the section Your Right to Make Decisions, there have been several court cases involving sex discrimination in school. One recent case, which involved sexual harassment, is described below.

Other Rights
Your school can provide certain related services to you that do not directly involve the school curriculum but which can enhance your performance in school. Some of these services are mandatory. Some are up to your local district. It is important to know what other services you may be entitled to receive.

A Few Important Programs You Should Know About:

School Nutrition Programs

• All schools in New Jersey are required to provide free or reduced-price lunches to financially eligible students in their districts unless less than five percent of a school district's student enrollment is eligible for the free or reduced-price lunch program.
• Schools are also able to offer free or reduced-price breakfasts to financially eligible students. This is not a requirement; it is up to the local district.

School-Based Youth Services

• A number of high schools and some middle schools have programs in the school or at a nearby agency to provide services such as medical care and counseling. Check with your local school district to see if these services are available in your community.
  School-Age Child Care
• Some schools have begun to provide before and after-school child care in the schools for the children of working parents. Some programs are run by the local school district. Others are run by community agencies which use the school facilities before and after-school hours. Check with your local district to see if it offers child care services.

Your Rights in Out-of-Home Placement

Sometimes you and your family must live apart because your parents have problems that make them unable to care for you, or because you have some special need that cannot be met at home. If there is no way to help you while you live at home, you may be placed in a foster home, a group home, a residential treatment center, or a hospital. You, your parents and the state have some special rights and responsibilities when you must live apart from your family.

FOSTER CARE

Your parents can ask DYFS to locate a foster home for you, or a judge can decide that you must live apart from your parents in foster care for a time. In either situation, DYFS is the state agency which helps your parents, finds a foster home for you, takes care of you while you live with a foster family and plans for your return to your family.

Preventing Foster Care
Before the decision is made for you to live in a foster home, the state is required to try to keep you and your family together. DYFS must provide services to your family to prevent placement unless it would be dangerous for you to stay at home even with services.

DYFS can provide some of these services directly to you and your family. In many cases, DYFS will pay another agency, such as a mental health office or a child care center, to help. If DYFS cannot help you and your family directly, it must refer you to another agency that can. DYFS will generally not provide financial assistance to your family, but will refer you to the county welfare office or other appropriate agency.

Getting Help from Relatives
If you still cannot stay at home, even with services, DYFS must try to find a relative to help you and your family. The caseworker will ask you and your parents for the names and addresses of your grandparents or other relatives. A caseworker will interview the prospective relative to see if they can help your family, keeping you in your home, or if the relative can care for you in their home until your parents' problems are resolved. If your relative agrees to take care of you in his or her home, he or she may be able to get financial assistance from DYFS.

In some instances, your relative can become a foster parent. Before agreeing to this, DYFS will investigate to make sure that the relative can provide you with a good home. As a foster parent, your relative would receive a monthly check for your food and care, as well as some assistance in buying clothes and providing medical care. Further information on assistance available to relatives can be found in the chapter Your Rights in the Family.

Entering Foster Care
When your parents ask DYFS to find a foster home for you, it is called voluntary placement. Your parents must sign a DYFS consent form granting permission for your placement. They do not give up their legal custody of you, and no court order is required.

Sometimes DYFS feels it would be better for you to be relocated even though your parents do not agree. In those cases, DYFS must go to court to get permission to place you in a foster home. This is called involuntary placement. DYFS must prove that there is a serious reason for your placement, like child abuse or neglect. In an involuntary placement, your parents have the right to be represented by an attorney, who will be appointed free of charge if they cannot afford one. You will also be represented by a lawyer, called a law guardian.

Although your parent is the one who has the right to consent to your placement, you also have some rights regarding the decision. You can express your wishes to the DYFS caseworker assigned to you or to the judge if it is an involuntary placement. Your wishes will be considered in making the decision. Your law guardian will represent you in court.

At the time the decision is made to place you with a foster family, the caseworker will ask your parents to sign a family service agreement. This will describe what everyone - your parents, the agency, your foster parents and sometimes you - is responsible to do while you are in foster care. It will also set time limits and goals to be met so that you can return home to your parents. If you are being placed by the court, a court order will specify what everyone is supposed to do.

It is important for you to ask questions about your placement and the plans for you to return to your family. Sometimes your caseworker will be busy, or will assume that you understand what is happening. Asking questions will help to make sure that your rights are respected.

Living in Foster Care
Your foster home will be a family, sometimes with children of their own or with other foster children. They will be chosen for you by your caseworker because they can take care of a child of your age and needs. You have the right to be treated like the other children in the foster home.

Your foster family gets some help from DYFS to take care of you. They receive a monthly payment for your food and other expenses. They also receive additional money several times a year to buy you clothing. You are enrolled in the Medicaid program to pay for your medical expenses. DYFS can also help out occasionally with additional expenses for you like graduation costs or special program fees.

School
You must continue to attend school while you are in foster care. Very often your foster family will not live in the same community as your parents, and it will be necessary for you to change schools. Your DYFS caseworker or your foster parent will register you in your new school and make sure that you start classes as soon as you move in with your foster family.

If you were in a special education program before you went to the foster home, your new school district is responsible to continue the same educational services. If the district disagrees with your original placement plan, they can review your class placement, but they cannot keep you out of school while they do the reassessment.

Contact with Your Family
You have the right to write to, call and visit your parents and brothers and sisters while you are living in foster care. These visits can be held in the DYFS office, in the foster home with your foster parents' permission or in some other place agreeable to everyone. DYFS cannot prevent visits between you and your parents without a court order. Even then, there must be a very serious reason to do so.

Your caseworker is responsible for arranging visits with your parents and brothers and sisters on a regular basis. You have the right to know how often visits will take place, when and where they will be held and who is responsible to make sure that you and your family can get to the meeting place. If you are unsure or have questions about visitations, ask your caseworker or your law guardian.

Your Parents' Rights and Responsibilities
While you are in foster care, your parents still have the right to make most decisions on your behalf. They must consent to any medical care that you need or other important decisions. They must be kept informed by DYFS about how you are doing.

Your parents also have some responsibilities while you are living with a foster family. They must keep in touch with DYFS and work on the things they promised to do in the family service agreement or court order. If they agreed to go for counseling for a specific problem, they must keep that promise. DYFS will check to make sure that they are doing what they agreed to do.

Asserting Your Rights
There are several ways to make sure that your rights are respected while you are in foster care.

Your caseworker is your advocate. He or she is responsible not only to help your family but also to represent you while you are in foster care. Your caseworker should visit you regularly and spend time with you privately to find out how you are doing and if there is anything you need. Make sure you have his or her name and phone number so you can get answers to questions you may have between visits. You should also have the name and number of the supervisor you can call if the caseworker isn't available, or if you can't get a satisfactory answer.
Your foster parents are also advocates on your behalf. They are responsible just like your parents for your day-to-day needs such as shelter, food, clothing, school, activities and discipline. You can discuss your problems and questions with them. They can also let your caseworker know if you have problems or need help.

There are other people who can help you. If your case is in court, the judge will be concerned with your well-being. If your parents have been brought to court because they abused or neglected you, the judge will appoint a law guardian for you. He or she will meet with you about your placement and the plans for you to return home. Your law guardian is responsible to represent you in court.

Each county also has a Child Placement Review (CPR) Board, a group of volunteers who keep track of children living apart from their parents. The CPR board reviews your case on a regular basis to make sure that everyone is doing what they are supposed to do, so that you can go home as soon as possible. Some counties also have court-appointed special advocates (CASA), who undertake certain activities for the court to further the child's interests.

If you are old enough, you can go to the CPR board meetings to express your interests. You have a right to be notified of these meetings. Make sure that your caseworker has the court send the notices to you and arranges for you to attend the meetings.

Child Placement Bill of Rights
There is a very important law in the state of New Jersey that describes your rights when the state decides that you should live away from your family. The law is called the Child Placement Bill of Rights.

The Child Placement Bill of Rights says that you can be placed outside your home only after the state agency you are involved with has made every reasonable effort to allow you to stay at home. If this is not possible, the agency must try to place you with a relative, or at least in your own community. The law also says you should be placed with your brothers and sisters if possible.

Another important aspect of the law is it requires that you are placed in the least restrictive setting appropriate to your needs, in other words, a setting that is as much like a home as possible. For example, if your needs can be met in a group home, you should be placed there rather than in a large institution.

Permanency Planning
Foster care is meant to be a temporary arrangement until your parents' problems are resolved. Once that occurs, DYFS will make arrangements for you to go home. Very often, the DYFS caseworker will remain involved with your family for a time, to make sure that everything is all right and to provide help if your family needs it.

Sometimes your parents' problems are so serious that you cannot safely return home in a reasonable time. In those situations, DYFS may consider other alternatives for you. You have the right to a permanent family of your own, and the state has a responsibility to make sure that you get one.

Federal and state laws called the Adoption and Safe Families Act (ASFA) set specific time limits on foster care placement. Under ASFA, if you have been in foster care for one year, the court must hold a permanency hearing to discuss plans for your future. If you have been in foster care for 15 continuous months, or in and out of care for 15 of 22 months, the state is required to seek termination of parental rights and adoption for you.

There are some exceptions to this requirement to seek termination of parental rights and adoption. For example, this is not required if you are living permanently with a relative, the state hasn't provided the necessary help to your parent or the decision has been made that adoption is not in your best interests.

Adoption
If DYFS decides that your parents will never be able to take care of you, it can ask the court to end your relationship with your parents so that you can be adopted by another family. This is a very serious decision. DYFS must prove in court that your parents would be unable to take care of you now and in the future, and that it would be best for you to be adopted.

This is called termination of parental rights. It must always be done by a judge. A lawyer is appointed to represent your parents if they cannot afford to hire one. You will also have a law guardian so that your rights and opinions are represented.

If the court decides to terminate parental rights, DYFS will look for an adoptive family for you. Very often this will be your foster family, if they and you want an adoption to take place. If, for some reason, adoption is not possible by your foster parents, DYFS will find you another adoptive family.

Long-Term Foster Care
Sometimes your parents, DYFS and your foster parents agree that you should stay with your foster family but not be adopted by them. They can sign an agreement allowing you to live with the foster family until you turn 18. This is called long-term foster care.

Your parents do not give up their rights to you, but they promise to let you live with the foster family until you become an adult. Your foster family promises to care for you until you turn 18. You have a right to be involved in the decision and to sign the long-term foster care agreement. Even in a long-term foster care arrangement, you can continue to visit and have contact with your family.

Independent Living
DYFS continues to have responsibility for you while you are in foster care, and is responsible to support you until you turn 18. If you are still in high school or in a special education program, DYFS must support you until you turn 21. They can support you in a foster home or provide financial assistance for independent living, where you live on your own.

Before you leave foster care or independent living, DYFS must help you make the transition to complete independence. Your caseworker can help you find a place to live, get a job and get any other help you may need. You can also continue medical benefits under New Jersey's FamilyCare Program. You also have the right to sit down with your caseworker and receive information about your family if you have not been in contact with them for some time.

SHELTER CARE

A number of shelters exist across the state where you may find a place to stay for a temporary period of time. You may remain at the shelter for up to 10 days without the consent of your parent or legal guardian. However, if you are in the custody of the Division of Youth and Family Services (DYFS), the shelter must notify DYFS within 24 hours. If you are under the age of 18, the shelter must notify the Juvenile Crisis Intervention Unit in your county within 24 hours.

RESIDENTIAL CARE

Residential treatment is usually used for children between the ages of six and 18. A residential child care facility provides care for 13 or more children who live in dormitories or cottages, and often attend school at the facility. It can be co-ed or house only children of the same sex. Group homes provide care for 12 or fewer children in a homelike, community-based setting.

It is important to know that residential treatment is not designed to be a long-term living arrangement. The purpose is to help you with your problems so you can return to your family, your school and your community as soon as possible.

The Placement Decision
If your family can pay for your residential care either directly or through insurance, there is very little state involvement in the decision. Your parents can find a place for you to get help and arrange for your treatment without outside review. They can sign consents to place you in a program without going to court or to a state agency.

Because of the cost, however, the state is often involved when a family needs this kind of help. DYFS is usually the agency that is involved. Your family may go directly to the local DYFS office or be referred by another social service agency or the Juvenile Crisis Intervention Unit of the Family Court in your county. This is discussed more fully in the chapter Your Rights in the Courts. When your family contacts DYFS for help, a caseworker is assigned to assess whether you need residential care. Before DYFS can place you in a residential facility, other alternatives must be explored. As with foster care placement, the state agency must try to find help for you at home with your family before resorting to residential care.

If the decision is made that out-of-home placement is the best option to address your problem, the state is obligated to find a placement that is the most appropriate and least restrictive. This means that the facility must be able to provide treatment for your problem and allow you as much liberty and freedom as possible. For example, a small group home rather than a large institution would be preferable if it could provide the right care for you.

Consent to Placement
Most residential placements through DYFS are done on the basis of a voluntary residential placement agreement signed by your parents. Only one parent need sign the agreement, although the other parent must be notified and h