reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.17 - Report of action of taking protective custody of child.

9:6-8.17 Report of action of taking protective custody of child.
2. The physician or the director or his designate of a hospital or similar institution taking a child into such protective custody shall immediately report his action to the Division of Child Protection and Permanency by calling its emergency telephone service maintained pursuant to section 5 of P.L.1971, c.437 (C.9:6-8.12).
L.1973, c.147, s.2; amended 2004, c.130, s.25; 2012, c.16, s.27.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.18 - Division of Child Protection and Permanency, actions upon receipt of report.

9:6-8.18 Division of Child Protection and Permanency, actions upon receipt of report.
3. The Division of Child Protection and Permanency, shall upon receipt of such report, take action to insure the safety of the child under section 4 of P.L.1971, c.437 (C.9:6-8.11). The report shall be deemed an oral complaint under section 12 of P.L.1951, c.138 (C.30:4C-12), and the Division of Child Protection and Permanency, shall investigate the circumstances under which the child was injured and may, after such investigation has been completed, apply for a court order placing the child under its care and supervision, pursuant to section 12 of P.L.1951, c.138 (C.30:4C-12).
L.1973, c.147, s.3; amended 2012, c.16, s.28.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.19 - Notice to parents or guardian; visitation rights; limitation on period.

9:6-8.19 Notice to parents or guardian; visitation rights; limitation on period.
4. a. The Division of Child Protection and Permanency, shall immediately after the receipt of such report, and after making a determination to take the child into protective custody, shall serve or attempt to serve, written notice upon the parents or guardian that the said child has been taken into protective custody. The notice shall contain a statement of the maximum duration of the protective custody and the location of the child during protective custody.
b. The parents or guardian of a child in protective custody may, upon request and in the reasonable discretion of the physician, director, or his designate, or appropriate official of the Division of Child Protection and Permanency, visit the child, provided that the life or health of the child will not be endangered by such visit.
c. The entire period of protective custody shall not exceed three court days. The protective custody may be terminated earlier at the discretion of the reporting physician, director or appropriate official of the Division of Child Protection and Permanency, or upon order of the court.
L.1973, c.147, s.4; amended 2012, c.16, s.29.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.19a - Resource family parent, notice, opportunity to be heard.

9:6-8.19a Resource family parent, notice, opportunity to be heard.
5. In any case in which the Division of Child Protection and Permanency accepts a child in its care or custody, the child's resource family parent or relative providing care for the child, as applicable, shall receive written notice of and an opportunity to be heard at any review or hearing held with respect to the child, but the resource family parent or relative shall not be made a party to the review or hearing solely on the basis of the notice and opportunity to be heard.
L.1999, c.53, s.5; amended 2004, c.130, s.26; 2012, c.16, s.30.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.20 - Physicians or directors of hospitals acting under this law; immunity from liability

9:6-8.20. Physicians or directors of hospitals acting under this law; immunity from liability
Any physician or director of a hospital or similar institution who takes a child into protective custody pursuant to this act shall have immunity from any civil and criminal liability that might otherwise be incurred or imposed. Any such person shall have the same immunity with respect to testimony given in any judicial proceeding resulting therefrom.
L.1973, c. 147, s. 5, eff. May 24, 1973.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.22 - Jurisdiction of Superior Court, Chancery Division, Family Part.

9:6-8.22 Jurisdiction of Superior Court, Chancery Division, Family Part.
2. The Superior Court, Chancery Division, Family Part in each county shall have jurisdiction over all noncriminal proceedings involving alleged cases of child abuse or neglect, and shall be charged with the immediate protection of said children, whereby the safety of the children shall be of paramount concern. All noncriminal cases involving child abuse shall be commenced in or transferred to this court from other courts as they are made known to the other courts. Commencement of cases of child abuse or neglect must be the first order of priority in the Family Part.
L.1974,c.119,s.2; amended 1977, c.209, s.2; 1991, c.91, s.198; 1999, c.53, s.6.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.23 - Law guardian; appointment

9:6-8.23. Law guardian; appointment
3. a. Any minor who is the subject of a child abuse or neglect proceeding under this act must be represented by a law guardian to help protect his interests and to help him express his wishes to the court. However, nothing in this act shall be construed to preclude any other interested person or agency from appearing by counsel.
b. The Superior Court, Chancery Division, Family Part, on its own motion, will make appointments of law guardians.
L.1974,c.119,s.3; amended 1991,c.91,s.199.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.24 - Jurisdiction.

9:6-8.24 Jurisdiction.
4. Jurisdiction. a. Notwithstanding any other law to the contrary, the Superior Court, Chancery Division, Family Part has exclusive original jurisdiction over noncriminal proceedings under this act alleging the abuse or neglect of a child.
b. In determining the jurisdiction of the court under this act, the age of the child at the time the proceedings are initiated is controlling.
c. In determining the jurisdiction of the court under this act, the child need not be currently in the care or custody of his parent or guardian, as defined herein.
d. If the matter in regard to the parent or guardian is referred to the county prosecutor by the Family Part or otherwise the Family Part may continue the proceeding under this act in regard to the child after such referral. If the proceeding in regard to the child is continued, the Family Part shall enter any preliminary order necessary to protect the interests of the child pending a final order from the criminal courts.
e. Any hearing held before the Family Part may serve as a permanency hearing to provide judicial review and approval of a permanency plan for the child if all the requirements of section 50 of P.L.1999, c.53 (C.30:4C-61.2) are met.
L.1974,c.119,s.4; amended 1977, c.209, s.3; 1991, c.91, s.200; 1999, c.53, s.7.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.25 - Transfer to and from the Superior Court

9:6-8.25. Transfer to and from the Superior Court
5. Transfer to and from the Superior Court. a. Notice to the prosecutor. Immediately upon receipt of a complaint, the Superior Court, Chancery Division, Family Part shall forward a copy of such complaint to the county prosecutor, after which the prosecutor shall take whatever action he deems necessary under all of the circumstances.
b. Any criminal complaint charging facts amounting to abuse or neglect under this act may be transferred by the county prosecutor or the criminal court in which the complaint was made, to the Family Part, in the county in which the former court is located. If any police officer, county prosecutor or criminal court receives a complaint which amounts to child abuse or neglect, the police officer, county prosecutor or criminal court shall report to the division pursuant to P.L.1971, c.437, section 3 (C.9:6-8.10). If any police officer, county prosecutor or the criminal court refers a matter with regard to the parent or guardian, or child, and there appears to be no basis for action in the Family Part, the proceeding may be terminated. If the Family Part determines a complaint should be filed, proceedings under this act shall be commenced immediately.
c. Nothing in this act shall be interpreted to preclude the county prosecutor from bringing criminal action against the parent or guardian or any other person even though the child involved is initially or ultimately the subject of proceedings in the Family Part.
L.1974,c.119,s.5; amended 1977, c.209, s.4; 1991,c.91,s.201.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.26 - Venue

9:6-8.26. Venue
Proceedings under this act shall be brought in accordance with the Rules of Court.
L.1974, c. 119, s. 6, eff. Oct. 10, 1974. Amended by L.1977, c. 209, s. 5, eff. Sept. 7, 1977.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.27 - Temporary removal with consent.

9:6-8.27 Temporary removal with consent.
7. a. A police officer or an agency or institution or individual may temporarily remove a child from the place where he is residing with the consent of his parent or other person legally responsible for his care, if, there is reasonable cause to suspect that the child's life or health is in imminent danger. If the child is not returned within 3 working days from the date of removal, the procedure required pursuant to this act shall be applied immediately.
b. (Deleted by amendment, P.L.2006, c.47).
L.1974, c.119, s.7; amended 1977, c.209, s.6; amended 2006, c.47, s.48.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.28 - Preliminary order of court before preliminary hearing held.

9:6-8.28 Preliminary order of court before preliminary hearing held.
8. Preliminary orders of court before preliminary hearing held. a. The Superior Court, Chancery Division, Family Part may enter an order, whereby the safety of the child shall be of paramount concern, directing the temporary removal of a child from the place where he is residing before a preliminary hearing under this act, if (1) the parent or other person legally responsible for the child's care was informed of an intent to apply for any order under this section; and (2) the child appears so to suffer from the abuse or neglect of his parent or guardian that his immediate removal is necessary to avoid imminent danger to the child's life, safety or health; and (3) there is not enough time to hold a preliminary hearing.
b. The order shall specify the facility to which the child is to be brought.
c. The Family Part may enter an order authorizing a physician or hospital to provide emergency medical or surgical procedures before a preliminary hearing is held under this act if (1) such procedures are necessary to safeguard the life or health of the child; and (2) there is not enough time to hold a preliminary hearing under section 11 hereof.
d. Any person who originates a proceeding pursuant to section 14 of this act may apply for through the division or the court on its own motion may issue, an order of temporary removal. The division shall make every reasonable effort to inform the parent or guardian of any such application, confer with a person wishing to make such an application and make such inquiries as will aid the court in disposing of such application. Within 24 hours the division shall report such application to the child abuse registry of the division.
e. Any person acting under the authority of this act may request and shall receive appropriate assistance from local and State law enforcement officials.
L.1974,c.119,s.8; amended 1977, c.209, s.7; 1991, c.91, s.202; 1999, c.53, s.8; 2004, c.130, s.28.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.29 - Removal of child without court order.

9:6-8.29 Removal of child without court order.
9. a. A police officer or a designated employee of the Probation Division or a designated employee of the division may remove a child from the place where the child is residing, or any person or any physician treating a child may keep a child in the person's or physician's custody without an order pursuant to section 8 of P.L.1974, c.119 (C.9:6-8.28) and without the consent of the parent or guardian regardless of whether the parent or guardian is absent, if the child is in such condition that the child's continuance in the place or residence or in the care and custody of the parent or guardian presents an imminent danger to the child's life, safety, or health, and there is insufficient time to apply for a court order pursuant to section 8 of P.L.1974, c.119 (C.9:6-8.28), or any physician or hospital treating a child may keep a child in custody pursuant to P.L.1973, c.147 (C.9:6-8.16 et seq.). The Division of Child Protection and Permanency shall not be required to provide reasonable efforts to prevent placement if removal of the child is necessary due to imminent danger to the child's life, safety, or health in accordance with section 24 of P.L.1999, c.53 (C.30:4C-11.2).
b. If a person authorized by this section removes or keeps custody of a child, he shall (1) inform the division immediately; (2) bring the child immediately to a place designated by the division for this purpose; and (3) make every reasonable effort to inform the parent or guardian of the facility to which the person has brought the child.
c. Any person or institution acting in good faith in the removal or keeping of a child pursuant to this section shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of such removal or keeping. d. Any person acting under the authority of P.L.1974, c.119 (C.9:6-8.21 et seq.) may request and shall receive appropriate assistance from local and State law enforcement officials.
L.1974, c.119, s.9; amended 1977, c.209, s.8; 1999, c.53, s.9; 2012, c.16, s.32.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.32 - Hearing to determine if child to be returned.

9:6-8.32 Hearing to determine if child to be returned.
12. Upon the application of the parent or guardian of a child temporarily removed under this act, the court shall hold a hearing, whereby the safety of the child shall be of paramount concern, to determine whether the child should be returned; a. if there has not been a hearing on the removal of the child at which the parent or guardian was present or had an adequate opportunity to be present; or b. upon good cause shown. Except for good cause shown, such hearing shall be held within three court days of the application. Upon such hearing, the court shall grant the application, unless it finds that such return presents an imminent risk to the child's life, safety or health.
L.1974,c.119,s.12; amended 1977, c.209, s.11; 1999, c.53, s.11.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.33 - Originating proceeding to determine abuse or neglect

9:6-8.33. Originating proceeding to determine abuse or neglect
a. A proceeding under this act is originated by the filing of a complaint in which facts sufficient to establish that a child is an abused or neglected child under this act are alleged.
b. Where more than one child is the responsibility of the parent or guardian it may be alleged in the same complaint that one or more children are abused or neglected children.
c. In cases of emergency, in addition to the removal of one child, any other child residing in the home may also be removed if his immediate removal is necessary to avoid imminent danger to his life or health.
L.1974, c. 119, s. 13, eff. Oct. 10, 1974. Amended by L.1977, c. 209, s. 12, eff. Sept. 7, 1977.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.34 - Persons who may originate proceedings

9:6-8.34. Persons who may originate proceedings
The following persons may originate a proceeding under this act:
a. A parent or other person interested in the child.
b. A duly authorized agency, association, society, institution or the division.
c. A police officer.
d. Any person having knowledge or information of a nature which convinces him that a child is abused or neglected.
e. A person on the court's direction.
f. The county prosecutor.
g. In cases where a private individual is unwilling or reluctant to file a complaint, he may request the division to initiate a complaint in his stead.
L.1974, c. 119, s. 14, eff. Oct. 10, 1974. Amended by L.1977, c. 209, s. 13, eff. Sept. 7, 1977.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.35 - Preliminary procedure.

9:6-8.35 Preliminary procedure.
15. Preliminary procedure. The division may, with the safety of the child of paramount concern:
a. Confer with any person seeking to file a complaint, the potential respondent, and other interested persons concerning the advisability of filing a complaint under this act; and
b. Attempt to adjust suitable cases before a complaint is filed over which the court apparently would have jurisdiction.
c. The division shall not prevent any person or agency who wishes to file a complaint under this act from having access to the court for that purpose.
d. Efforts at adjustment under this section may not extend for a period of more than 30 days without an order of a judge of the court, who may extend the period for an additional 30 days.
e. Such adjustment may include a preliminary conference held by the division at its discretion upon written notice to the parent or guardian and the potential complainant for the purpose of attempting such adjustment, provided however that the division shall not be authorized under this section to compel any person to appear at any conference, produce any papers, or visit any place.
f. The Superior Court, Chancery Division, Family Part and the division shall deal with cases involving imminent physical harm or actual physical harm on a priority basis.
L.1974,c.119,s.15; amended 1977, c.209, s.14; 1991, c.91, s.205; 1999, c.53, s.12.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.36 - Admissibility of statements made during a preliminary conference

9:6-8.36. Admissibility of statements made during a preliminary conference
No statement made by the potential respondent during a preliminary conference held pursuant to section 15 hereof may be admitted into evidence at a fact-finding hearing under this act or in a court of criminal jurisdiction at any time prior to conviction.
L.1974, c. 119, s. 16, eff. Oct. 10, 1974. Amended by L.1977, c. 209, s. 15, eff. Sept. 7, 1977.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.36a - Report to prosecutor of all instances of suspected child abuse, neglect.

9:6-8.36a Report to prosecutor of all instances of suspected child abuse, neglect.
1. The Department of Children and Families shall immediately report all instances of suspected child abuse and neglect, as defined by regulations, to the county prosecutor of the county in which the child resides. The regulations shall be developed jointly by the department and the county prosecutors, approved by the Attorney General, and promulgated by the Commissioner of Children and Families.
L.1977, c.210, s.1; amended 2004, c.130, s.30; 2006, c.47, s.50.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.37 - Issuance of summons

9:6-8.37. Issuance of summons
On the filing of a complaint involving abuse or neglect under this act, unless a warrant is issued pursuant to section 19 hereof, the court shall cause a copy of the complaint and a summons to be issued forthwith, requiring the parent or guardian with whom the child is residing to appear at the court within 3 court days regarding the complaint. The court shall also, unless dispensed with for good cause shown, require the person thus summoned to produce the child at the time and place named.
L.1974, c. 119, s. 17, eff. Oct. 10, 1974. Amended by L.1977, c. 209, s. 16, eff. Sept. 7, 1977.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.38 - Service of summons

9:6-8.38. Service of summons
a. In cases involving abuse, or neglect the complaint and summons shall be served within 2 court days after their issuance. If they cannot be served within that time, such fact shall be reported to the court with the reasons therefor within 3 court days after their issuance and the court shall thereafter issue a warrant in accordance with the provisions of section 19 of this act. The court shall also, unless dispensed with for good cause shown, direct that the child be brought before the court.
b. Service of a summons and complaint shall be made by delivery of a true copy thereof to the person summoned at least 24 hours before the time stated therein for appearance.
c. If after reasonable effort, personal service is not made, the court may at any stage in the proceedings make an order providing for substituted service in the manner provided for substituted service in accordance with the Rules of Court.
L.1974, c. 119, s. 18, eff. Oct. 10, 1974. Amended by L.1977, c. 209, s. 17, eff. Sept. 7, 1977.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.39 - Issuance of warrant and reports

9:6-8.39. Issuance of warrant and reports
a. The court may issue a warrant directing the parent or guardian with whom the child is residing to be brought before the court, when a complaint is filed with the court under this act and it appears that (1) the summons cannot be served; or (2) the summoned person has refused to obey the summons; or (3) the parent or guardian is likely to leave the jurisdiction; or (4) a summons, in the court's opinion, would be ineffectual; or (5) the safety of the child is endangered.
b. When issuing a warrant under this section, the court may also direct that the child be brought before the court.
c. If a warrant is not executed within 2 court days of its issuance such fact shall be reported to the court within 3 court days of its issuance.
L.1974, c. 119, s. 19, eff. Oct. 10, 1974. Amended by L.1977, c. 209, s. 18, eff. Sept. 7, 1977.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.40 - Records involving abuse or neglect.

9:6-8.40 Records involving abuse or neglect.
20. Records involving abuse or neglect. When the Department of Children and Families receives a report or complaint that a child may be abused or neglected; when the department provides services to a child; or when the department receives a request from the Superior Court, Chancery Division, Family Part to investigate an allegation of abuse or neglect, the department may request of any and all public or private institutions, or agencies including law enforcement agencies, or any private practitioners, their records past and present pertaining to that child and other children under the same care, custody and control. The department shall not be charged a fee for the copying of the records. Records kept pursuant to the "New Jersey Code of Juvenile Justice," P.L.1982, c.77 (C.2A:4A-20 et seq.) may be obtained by the department, upon issuance by a court of an order on good cause shown directing these records to be released to the department for the purpose of aiding in evaluation to determine if the child is abused or neglected. In the release of the aforementioned records, the source shall have immunity from any liability, civil or criminal.
L.1974, c.119, s.20; amended 1977, c.209, s.19; 1991, c.91, s.206; 1999, c.53, s.13; 2004, c.130, s.31; 2006, c.47, s.51.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.40a - Expungement of unfounded allegations.

9:6-8.40a Expungement of unfounded allegations.
1. a. The Division of Child Protection and Permanency in the Department of Children and Families shall expunge from its records all information relating to a report, complaint, or allegation of an incident of child abuse or neglect with respect to which the division or other entity designated by the Commissioner of Children and Families to investigate allegations of child abuse or neglect has determined, based upon its investigation thereof, that the report, complaint, or allegation of the incident was unfounded. b. (Deleted by amendment, P.L.2004, c.130).
The definition of, and process for, making a determination of an unfounded report, complaint, or allegation of an incident of child abuse or neglect shall be defined in regulations promulgated by the department pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
L.1997, c.62, s.1; amended 2004, c.130, s.32; 2006, c.47, s.52; 2012, c.16, s.34.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.41 - Required findings concerning notice

9:6-8.41. Required findings concerning notice
No hearing may commence under this act unless the court enters a finding:
a. That the parent or guardian is present at the hearing or has been served with a copy of the complaint; or
b. If the parent or guardian is not present, that every reasonable effort has been made to effect service under sections 18 and 19 hereof.
L.1974, c. 119, s. 21, eff. Oct. 10, 1974.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.42 - Effect of absence of parent or guardian

9:6-8.42. Effect of absence of parent or guardian
If the parent or guardian is not present, the court may proceed to hear a complaint under this act only if the child is represented by a law guardian. If the parent or guardian thereafter makes a motion to the court that a resulting disposition be vacated and asks for a rehearing, the court shall grant the motion on an affidavit showing such relationship or responsibility unless the court finds that the parent or guardian willfully refused to appear at the hearing in which case the court may deny the motion.
L.1974, c. 119, s. 22, eff. Oct. 10, 1974. Amended by L.1977, c. 209, s. 20, eff. Sept. 7, 1977.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.43 - Notice of rights.

9:6-8.43 Notice of rights.
23. Notice of rights. a. The court shall advise the parent or guardian of his right to have an adjournment to retain counsel and consult with him. The court shall advise the respondent that if he is indigent, he may apply for an attorney through the Office of the Public Defender. In cases where the parent or guardian applies for an attorney through the Office of the Public Defender, the court may adjourn the case for a reasonable period of time for the parent or guardian to secure counsel; however, the adjournment shall not preclude the court from granting temporary relief as appropriate under the law. The court shall appoint a law guardian for the child as provided by this act.
b. The general public may be excluded from any hearing under this act, and only such persons and the representatives of authorized agencies may be admitted thereto as have an interest in the case.
L.1974,c.119,s.23; amended 1977, c.209, s.21; 1994, c.58, s.40; 2004, c.130, s.33.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.44 - Definition of "fact-finding hearing"

9:6-8.44. Definition of "fact-finding hearing"
When used in this act the term "fact-finding hearing" means a hearing to determine whether the child is an abused or neglected child as defined herein.
L.1974, c. 119, s. 24, eff. Oct. 10, 1974.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.45 - Definition of "dispositional hearing"

9:6-8.45. Definition of "dispositional hearing"
When used in this act the term "dispositional hearing" means a hearing to determine what order should be made.
L.1974, c. 119, s. 25, eff. Oct. 10, 1974.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.46 - Evidence.

9:6-8.46 Evidence.
26. a. In any hearing under this act, including an administrative hearing held in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), (1) proof of the abuse or neglect of one child shall be admissible evidence on the issue of the abuse or neglect of any other child of, or the responsibility of, the parent or guardian and (2) proof of injuries sustained by a child or of the condition of a child of such a nature as would ordinarily not be sustained or exist except by reason of the acts or omissions of the parent or guardian shall be prima facie evidence that a child of, or who is the responsibility of such person is an abused or neglected child, and (3) any writing, record or photograph, whether in the form of an entry in a book or otherwise, made as a memorandum or record of any condition, act, transaction, occurrence or event relating to a child in an abuse or neglect proceeding of any hospital or any other public or private institution or agency shall be admissible in evidence in proof of that condition, act, transaction, occurrence or event, if the judge finds that it was made in the regular course of the business of any hospital or any other public or private institution or agency, and that it was in the regular course of such business to make it, at the time of the condition, act, transaction, occurrence or event, or within a reasonable time thereafter, shall be prima facie evidence of the facts contained in such certification. A certification by someone other than the head of the hospital or agency shall be accompanied by a photocopy of a delegation of authority signed by both the head of the hospital or agency and by such other employees. All other circumstances of the making of the memorandum, record or photograph, including lack of personal knowledge of the making, may be proved to affect its weight, but they shall not affect its admissibility and (4) previous statements made by the child relating to any allegations of abuse or neglect shall be admissible in evidence; provided, however, that no such statement, if uncorroborated, shall be sufficient to make a fact finding of abuse or neglect.
b. In a fact-finding hearing (1) any determination that the child is an abused or neglected child must be based on a preponderance of the evidence and (2) only competent, material and relevant evidence may be admitted.
c. In a dispositional hearing and during all other stages of a proceeding under this act, only material and relevant evidence may be admitted.
L.1974,c.119,s.26; amended 1977, c.209, s.22; 2005, c.169, s.2.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.47 - Sequence of hearings

9:6-8.47. Sequence of hearings
a. Upon completion of the fact-finding hearing, the dispositional hearing may commence immediately after the required findings are made.
b. Reports prepared by the probation department or the division for use by the court at any time for the making of an order of disposition shall be deemed confidential information furnished to the court which the court in a proper case may, in its discretion, disclose in whole or in part to the law guardian, attorney as defined herein, or other appropriate person. Such reports may not be furnished to the court prior to the completion of a fact-finding hearing, but may be used in a dispositional hearing.
L.1974, c. 119, s. 27, eff. Oct. 10, 1974. Amended by L.1977, c. 209, s. 23, eff. Sept. 7, 1977.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.48 - Adjournments

9:6-8.48. Adjournments
a. The court may adjourn a fact-finding hearing or a dispositional hearing for good cause shown on its own motion or on the motion of the county prosecutor, the law guardian, or the respondent's attorney. If so requested, the court shall not proceed with a fact-finding hearing earlier than 3 days after service of summons and complaint, unless emergency medical or surgical procedures are necessary to safeguard the life and health of the child. Adjournment may not exceed 30 court days, without additional court appearance.
b. At the conclusion of a fact-finding hearing and after it has made findings required before a dispositional hearing may commence, the court may adjourn the proceedings to enable it to make inquiry into the surroundings, conditions, and capacities of the persons involved in the proceedings.
L.1974, c. 119, s. 28, eff. Oct. 10, 1974.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.49 - Priority to certain proceedings.

9:6-8.49 Priority to certain proceedings.
29. To ensure that the safety of children is of paramount concern, when scheduling hearings and investigations, the court shall give priority to proceedings under this act involving imminent or actual physical harm, or in which a child has been removed from home before a final order of disposition. Any adjournment granted in the course of such a proceeding should be for as short a time as possible.
L.1974,c.119,s.29; amended 1999, c.53, s.14.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.50 - Sustaining or dismissing complaint

9:6-8.50. Sustaining or dismissing complaint
a. If facts sufficient to sustain the complaint are established, the court shall enter an order finding that the child is an abused or neglected child and shall state the grounds for said findings.
b. If the proof does not conform to the specific allegations of the complaint, the court may amend the allegations to conform to the proof; provided, however, that in such case the respondent shall be given reasonable time to prepare to answer the amended allegations.
c. If facts sufficient to sustain the complaint under this act are not established, or the court concludes that its assistance is not required on the record before it, the court shall dismiss the complaint and shall state the grounds for the dismissal.
d. If the court makes a finding of abuse or neglect, it shall determine, based upon the facts adduced during the fact-finding hearing, and upon any other facts presented to it, whether a preliminary order pursuant to section 11 hereof is required to protect the child's interests pending a final order of disposition. The court shall state the grounds for its determination. In addition, a child found to be abused or neglected may be removed and remanded to a place designated by the court or be placed in the custody of a suitable person, pending a final order of disposition, if the court finds that there is a substantial probability that the final order of disposition will be an order of placement under the section 34 hereof.
e. If the court finds that the child is an abused or neglected child as defined in this act, it may refer any aspect of the matter, including anything related to the child and the parent or guardian, to the division, ordering that the division provide such services as are deemed appropriate to the ends of protecting the child and rehabilitating and improving family life, wherever possible. In the event of such referral, the court may suspend any dispositional hearing indefinitely. The division shall report the status of the case so referred to the court annually in writing, a copy to be served upon the parent or guardian and the law guardian. The division shall also report its intent to terminate services in a case so referred to the court in writing.
L.1974,c.119,s.30; amended 1977,c.209,s.24.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.51 - Disposition of adjudication

9:6-8.51. Disposition of adjudication
a. At the conclusion of a dispositional hearing under this act, the court shall enter an order of disposition: (1) suspending judgment in accord with section 32 hereof; (2) releasing the child to the custody of his parents or guardian in accord with section 33 hereof; (3) placing the child in accord with section 34 hereof; (4) making an order of protection in accord with section 35 hereof; (5) placing the respondent on probation in accord with section 36 hereof; (6) requiring that an individual found to have abused or neglected a child accept therapeutic services, and this order may be carried out in conjunction with any other order of disposition.
b. The court shall state the grounds for any disposition made under this section.
L.1974, c. 119, s. 31, eff. Oct. 10, 1974.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.52 - Suspended judgment

9:6-8.52. Suspended judgment
a. The court shall define permissible terms and conditions of a suspended judgment. These terms and conditions shall relate to the acts of commission or omission of the parent or guardian.
b. The maximum duration of any term or condition of a suspended judgment shall be 1 year, unless the court finds at the conclusion of that period, upon a hearing, that exceptional circumstances required an extension thereof for an additional year.
L.1974, c. 119, s. 32, eff. Oct. 10, 1974. Amended by L.1977, c. 209, s. 25, eff. Sept. 7, 1977.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.53 - Release to custody of parent or guardian

9:6-8.53. Release to custody of parent or guardian
a. If the order of disposition releases the child to the custody of his parent or guardian responsible for his care at the time of the filing of the complaint, the court may place the child under supervision of the division or may enter an order of protection under section 35 hereof.
b. The court shall define permissible terms and conditions of supervision under this section. The maximum duration of any such term or condition shall not exceed a period of 1 year, unless the court finds at the conclusion of that period of 1 year, upon a hearing, that exceptional circumstances require an extension thereof for an additional year.
L.1974, c. 119, s. 33, eff. Oct. 10, 1974.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.54 - Placement of child

9:6-8.54. Placement of child
34. a. For the purpose of section 31 of P.L.1974, c.119 (C.9:6-8.51), the court may place the child in the custody of a relative or other suitable person or the division for the placement of a child after a finding that the division has made reasonable efforts to prevent placement or that reasonable efforts to prevent placement were not required in accordance with section 24 of P.L.1999, c.53 (C.30:4C-11.2). The court shall also first consider placement of the child with a suitable relative or person who has a kinship relationship as defined in section 2 of P.L.2001, c.250 (C.3B:12A-2), when considering if the child should be placed in the custody of another suitable person.
b. (1) Placements under this section may be for an initial period of 12 months and the court, in its discretion, may at the expiration of that period, upon a hearing make successive extensions for additional periods of up to one year each. The court on its own motion may, at the conclusion of any period of placement, hold a hearing concerning the need for continuing the placement.
(2) The court shall conduct a permanency hearing for the child no later than 30 days after placement in cases in which the court has determined that reasonable efforts to reunify the child with the parent or guardian are not required pursuant to section 25 of P.L.1999, c.53 (C.30:4C-11.3), or no later than 12 months after placement in cases in which the court has determined that efforts to reunify the child with the parent or guardian are required. The hearing shall include, but not necessarily be limited to, consideration and evaluation of information provided by the division and other interested parties regarding such matters as those listed in subsection c. of section 50 of P.L.1999, c.53 (C.30:4C-61.2).
(3) The court shall review the permanency plan for the child periodically, as deemed appropriate by the court, to ensure that the permanency plan is achieved.
c. No placement may be made or continued under this section beyond the child's eighteenth birthday without his consent.
d. If the parent or person legally responsible for the care of any such child or with whom such child resides receives public assistance and care, any portion of which is attributable to such child, a copy of the order of the court providing for the placement of such child from his home shall be furnished to the appropriate county welfare board, which shall reduce the public assistance and care furnished to such parent or other person by the amount attributable to such child.
L.1974,c.119,s.34; amended 1977, c.209, s.26; 1999, c.53, s.15; 1999, c.213, s.2; 2021, c.154, s.7.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.55 - Order of protection

9:6-8.55. Order of protection
The court may make an order of protection in assistance or as a condition of any other order made under this act. The order of protection may set forth reasonable conditions of behavior to be observed for a specified time by a person who is before the court and is a parent or guardian responsible for the child's care or the spouse of the parent or guardian, or both. Such an order may require any such person: a. To stay away from the home, the other spouse or the child; b. To permit a parent to visit the child at stated periods; c. To abstain from offensive conduct against the child or against the other parent or against any person to whom custody of the child is awarded; d. To give proper attention to the care of the home; and e. To refrain from acts of commission or omission that tend to make the home not a proper place for the child.
The court may also award custody of the child, during the term of the order of protection to either parent or to an appropriate relative; however, nothing in this section shall be construed to give the court power to place or board out any child or to commit a child to the custody of an institution or agency. In making orders of protection, the court shall so act as to insure that in the care, protection, discipline and guardianship of the child, his religious faith shall be preserved and protected.
L.1974, c. 119, s. 35, eff. Oct. 10, 1974.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.56 - Probation supervision

9:6-8.56. Probation supervision
The court may place the respondent under the supervision of the probation department and the court shall define permissible terms and conditions of said supervision. The maximum duration of any such term or condition shall not exceed a period of 2 years, unless the court finds at the conclusion of that period that exceptional circumstances require an extension thereof for an additional year.
L.1974, c. 119, s. 36, eff. Oct. 10, 1974. Amended by L.1977, c. 209, s. 27, eff. Sept. 7, 1977.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.57 - Abandoned child

9:6-8.57. Abandoned child
If the court finds that a child was abandoned by his parents or guardian, it may make an order so finding and may discharge the child to the custody of the Division which shall provide for such child as authorized by law.
L.1974, c. 119, s. 37, eff. Oct. 10, 1974.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.58 - Provision for therapeutic services

9:6-8.58. Provision for therapeutic services
In cases where, in the opinion of the court, an individual found to have abused or neglected a child appears to be in need of therapeutic services, the court may order the individual to accept such services or evaluation for such services, including, but not limited to, homemaker services, functional education, group self-help programs, and professional therapy; provided, however, that the court may not commit any person to any residential mental health facility without the consent of such person or after a hearing held pursuant to the requirements of R.S. 30:4-23 et seq. The court shall determine the ability to pay and the method of payment for the care, as it orders.
L.1974, c. 119, s. 38, eff. Oct. 10, 1974.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.58a - Substance use disorder assessment of parent of placed child.

9:6-8.58a Substance use disorder assessment of parent of placed child.
1. When a child is placed in the custody of a relative or other suitable person or the Division of Child Protection and Permanency pursuant to section 34 of P.L.1974, c.119 (C.9:6-8.54), because of a finding of abuse or neglect, the Superior Court, Chancery Division, Family Part shall order the parent and, when appropriate, any other adult domiciled in the home to undergo substance use disorder assessment, when necessary. If the assessment reveals positive evidence of substance use disorder, the court shall require the parent and other adult, when appropriate, to demonstrate that the parent or other adult is receiving treatment and complying with the treatment program for the substance use disorder before the child is returned to the parental home.
L.1998, c.127, s.1; amended 2012, c.16, s.35; 2023, c.177, s.19.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.58b - Regulations.

9:6-8.58b Regulations.
2. The Commissioner of Children and Families pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt regulations to effectuate the purposes of this act.
L.1998, c.127, s.2; amended 2006, c.47, s.53.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.59 - Staying, modifying, setting aside or vacating orders

9:6-8.59. Staying, modifying, setting aside or vacating orders
For good cause shown and after due notice, the court on its own motion, or that of the county prosecutor, the law guardian, the respondent's attorney, or the division may stay execution of arrest, set aside, modify or vacate any order issued in the course of a proceeding under this act. The court must state the grounds for this action.
L.1974, c. 119, s. 39, eff. Oct. 10, 1974. Amended by L.1977, c. 209, s. 28, eff. Sept. 7, 1977.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:6-8.60 - Petition to terminate placement

9:6-8.60. Petition to terminate placement
Any interested person acting on behalf of a child placed under section 34 hereof or the child's parents or guardian may petition the court for any order terminating the placement. The petition must be verified and must show:
a. That an application for the child's return to his home was made to an appropriate person after expiration of the Order of Placement provided for in section 34 hereof;
b. That the application was denied or was not granted within 30 days from the day application was made; and
c. The grounds for the petition.
L.1974, c. 119, s. 40, eff. Oct. 10, 1974.