reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 5 - DISPUTE RESOLUTION › Subchapter 1 - INTRODUCTION AND OVERVIEW › Section 3A:5-1.4 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
These rules shall be liberally construed to allow the Division to
				  discharge its statutory functions. The Commissioner or designee may, upon notice to
				  all parties, relax the application of these rules where the interest of justice and
				  considerations of due process will be furthered thereby.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 5 - DISPUTE RESOLUTION › Subchapter 1 - INTRODUCTION AND OVERVIEW › Section 3A:5-1.5 - Computation of time

Current through Register Vol. 56, No. 14, July 15, 2024
The computation of time shall be in accordance with
				  1:1-1.4, unless otherwise indicated in
				  these rules.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 5 - DISPUTE RESOLUTION › Subchapter 2 - GENERAL PROVISIONS FOR DIVISION DISPUTE RESOLUTION AND ADMINISTRATIVE HEARINGS › Section 3A:5-2.1 - Notice of Division action to a service provider

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division shall
				provide proper notice to a service provider of a Division action that creates a
				status issue subject to a dispositional review under
				N.J.A.C.
				3A:5-3.1(a)1.
(b) Except as limited by (c) below, the Division
				shall provide proper written notice 10 days in advance of a Division action, which
				is subject to a dispositional review under
				N.J.A.C.
				3A:5-3.1(a)1. The written notice
				shall include:
1. A statement of the proposed
				Division action and the reason for the Division action;
2. A statement explaining the individual's right
				to dispute resolution in accordance with these rules; and
3. The name and address of a Division
				representative to contact to request a dispositional review.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 5 - DISPUTE RESOLUTION › Subchapter 2 - GENERAL PROVISIONS FOR DIVISION DISPUTE RESOLUTION AND ADMINISTRATIVE HEARINGS › Section 3A:5-2.2 - Notice of Division action to a parent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as limited by
				(d), (e), (f) and (g) below, the Division shall provide notice to a parent of a
				Division action that creates a Division service issue under
				N.J.A.C. 3A:5-4.3(a)1
				 at least 10 days in advance of the Division
				action to a parent requesting or receiving the service or a parent requesting the
				service on behalf of a child or a parent of a child receiving the service.
(b) Notice of the Division action as in (a) above
				shall include:
1. The right to appeal the Division
				action;
2. The applicable time frames
				for requesting an appeal;
3. The
				parent's right to an administrative hearing; and
4. The procedures for administrative
				hearings.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 5 - DISPUTE RESOLUTION › Subchapter 2 - GENERAL PROVISIONS FOR DIVISION DISPUTE RESOLUTION AND ADMINISTRATIVE HEARINGS › Section 3A:5-2.3 - Notice of substantiated findings

Current through Register Vol. 56, No. 14, July 15, 2024
The Division shall provide notice of a finding of substantiated
				  abuse or neglect to each perpetrator pursuant to
				  N.J.A.C.
				  3A:10-7.6(c).
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 5 - DISPUTE RESOLUTION › Subchapter 2 - GENERAL PROVISIONS FOR DIVISION DISPUTE RESOLUTION AND ADMINISTRATIVE HEARINGS › Section 3A:5-2.4 - Preliminary efforts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Field contacts, office interviews with
				supervisory or management personnel, and consultation with area and central office
				representatives comprise preliminary efforts to resolve matters under dispute. The
				Division representative shall advise the appellant that he or she has the
				opportunity to resolve a dispute using preliminary efforts prior to exercising a
				right to a dispositional review or an administrative hearing, if eligible.
(b) For disputes of matters for which an appellant
				has a right to an administrative hearing as set forth in
				N.J.A.C. 3A:5-4.3,
				the Division representative shall explain to the appellant that these preliminary
				efforts are not considered a prerequisite for an administrative hearing and in no
				event can they delay, interfere with or impede the processing of an administrative
				hearing request.
(c) Preliminary efforts
				may continue during the 30-day period following a request for an administrative
				hearing and pending the filing of the case with the Clerk of the Office of
				Administrative Law in accordance with
				N.J.A.C.
				1:1-8.1(a)  and as expanded by
				N.J.A.C.
				1:1-8.1(b).
(d) For disputes of matters for which an appellant
				has a right to a dispositional review as set forth in
				N.J.A.C.
				3A:5-3.1, the Division representative shall
				explain to the appellant that in no event are these preliminary efforts to be
				considered a prerequisite for a dispositional review and in no event can they delay,
				interfere with or impede the processing of a dispositional review.
(e) Preliminary efforts may continue throughout
				the dispositional review process.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 5 - DISPUTE RESOLUTION › Subchapter 2 - GENERAL PROVISIONS FOR DIVISION DISPUTE RESOLUTION AND ADMINISTRATIVE HEARINGS › Section 3A:5-2.5 - Requests for dispositional reviews and administrative hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person noticed
				of a Division action and entitled to appeal that Division action as set forth in
				N.J.A.C.
				3A:5-3.1 may request a dispositional review or in
				N.J.A.C. 3A:5-4.3
				may request an administrative hearing, as appropriate, within 20 days of notice of
				that Division action, or within 20 days of learning of the Division action, as
				provided in (b) below. Any written expression by an appellant, or a person acting as
				the appellant's representative, to the effect that the appellant wants the
				opportunity to present his or her case to a higher authority with regard to a
				Division action, constitutes a request for a dispositional review or an
				administrative hearing, as appropriate, when done in accordance with the notice
				provided. A Division representative shall help the appellant write his or her
				request when the appellant requests help.
(b) Any person entitled to appeal a Division
				action but who has not received notice of the Division action may request an appeal
				of that Division action within 20 days of learning of the Division action.
(c) Notice of a Division action shall provide
				contact information, including the address to which a request for an appeal is
				made.
(d) The recipient of the request
				to appeal a Division action shall forward that request to the appropriate resolution
				authority as specified in
				N.J.A.C.
				3A:5-3.1 or 4.3 within one business day of receipt
				of the request to appeal a Division action.
(e) The Administrative Hearings Unit shall
				acknowledge in writing each request for appeal involving a matter described in
				N.J.A.C.
				3A:5-3.1 or 4.3 within 10 business days. The
				written acknowledgment shall inform the appellant of the right to a dispositional
				review or an administrative hearing and the procedures for a dispositional review or
				an administrative hearing.
(f) The
				Division shall deem the appellant to have waived his or her right to a dispositional
				review or administrative hearing, if an appellant fails to request a dispositional
				review or an administrative hearing within the time limits established for appealing
				a Division action in accordance with (a) and (b) above, except that the
				Administrative Hearings Unit shall not deny the appellant's request if the reason
				for the delay in making the request was not within the appellant's
				control.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 5 - DISPUTE RESOLUTION › Subchapter 2 - GENERAL PROVISIONS FOR DIVISION DISPUTE RESOLUTION AND ADMINISTRATIVE HEARINGS › Section 3A:5-2.6 - Eligibility for continued service and status

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a
				request for a dispositional review or an administrative hearing which has been
				received in accordance with
				N.J.A.C.
				3A:5-2.5(a) and (b), the status
				quo shall be continued or reinstated at an unreduced level until the agency decision
				or initial decision is rendered when any of the following circumstances apply:
1. Disruption of the status quo shall place a
				child at risk of child abuse or neglect pursuant to
				N.J.S.A.
				9:6-8.8 et seq.;
2. Disruption of the status quo shall
				significantly compromise the appellant's ability to have the Division action
				reversed or modified through the appeal process;
3. The appellant has new information that was not
				known or not available at the time of the Division action; or
4. An administrative law judge determines that the
				issue is one of fact rather than law or policy.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 5 - DISPUTE RESOLUTION › Subchapter 2 - GENERAL PROVISIONS FOR DIVISION DISPUTE RESOLUTION AND ADMINISTRATIVE HEARINGS › Section 3A:5-2.7 - Final agency decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The final agency decision shall be binding on
				all parties concerned.
(b) For each
				agency decision, the Commissioner or designee shall:
1. Issue a final agency decision within 45 days of
				the conclusion of the dispositional review; or
2. If no material facts are in dispute, consider
				the case for a Motion for Summary Disposition.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 5 - DISPUTE RESOLUTION › Subchapter 2 - GENERAL PROVISIONS FOR DIVISION DISPUTE RESOLUTION AND ADMINISTRATIVE HEARINGS › Section 3A:5-2.8 - Appeal of final agency decision

Current through Register Vol. 56, No. 14, July 15, 2024
Any appeal of the final agency decision shall be solely to the
				  Appellate Division of the Superior Court within time limits allowed by New Jersey
				  Court Rule 2:2-3. The final agency decision shall include notice to the appellant of
				  the right to file an appeal to the Appellate Division, the time frames and related
				  procedures.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 5 - DISPUTE RESOLUTION › Subchapter 2 - GENERAL PROVISIONS FOR DIVISION DISPUTE RESOLUTION AND ADMINISTRATIVE HEARINGS › Section 3A:5-2.9 - Accessibility of records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division shall advise the appellant of the
				accessibility of records and any limits of such accessibility at the time the
				request for a dispositional review or administrative hearing is granted, in
				accordance with this section.
1. The appellant, or
				his or her representative with the appellant's authorization in writing, shall have
				adequate opportunity to examine such portions of the appellant's case file and all
				documents and records to be used by the Division to reach a conclusion at the
				administrative hearing or dispositional review at a reasonable time before the date
				of the administrative hearing or dispositional review, as well as during the
				administrative hearing or dispositional review, except as limited by:
i. The Adoption Assistance and Child Welfare Act,
				42 U.S.C. §
												671(a)(8) and regulations
				promulgated thereunder, as from time to time amended, applicable State laws, and
				N.J.A.C. 3A:3;
ii.
											45 C.F.R.
				205.50, as made applicable by
				45 C.F.R.
				1355.21; or
iii. N.J.S.A. 9:6-8.10a and N.J.A.C. 3A:3, which
				limit the provision of information which constitutes child abuse or neglect records
				or reports to the appellant, his or her representative or the OAL, except under
				circumstances expressly authorized by N.J.S.A. 9:6-8.10a and Federal
				regulations;
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 5 - DISPUTE RESOLUTION › Subchapter 3 - DISPOSITIONAL REVIEW › Section 3A:5-3.1 - When to hold a dispositional review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When preliminary
				efforts described in
				N.J.A.C. 3A:5-2.4
				have been declined by the appellant or have failed to resolve an issue and an
				appellant requests a dispositional review, and when the request is made in
				accordance with
				N.J.A.C.
				3A:5-2.5, the Division shall provide a
				dispositional review with:
1. A service provider
				who disagrees with a status issue;
2. A
				resource parent who disagrees with the removal of a child receiving foster care in
				his or her resource home when the child has been residing with the resource parent
				for at least six months, except when:
i. The child
				is not being returned to a birth parent or relative;
ii. The child is not being united or reunited with
				siblings for whom the resource parent cannot or will not provide a home;
iii. The child is not being moved from a temporary
				placement to a permanent adoptive placement;
iv. The child has not been removed from a resource
				home pending the completion of an IAIU child abuse and neglect investigation;
				or
v. The resource parent or household
				member has a finding of substantiated abuse or neglect in accordance with
				N.J.A.C.
				3A:10-7.3;
3. A resource parent who disagrees with the
				removal of a child who has been in the home continuously for six months or more for
				the purpose of finalizing an adoption;
4. A resource parent of one child in a sibling
				group who disagrees with the placement of a sibling with a separate resource family
				for either foster care or adoption consistent with N.J.S.A. 9:6B-4d; and
5. A resource parent who disagrees with the
				re-placement of a child needing foster care in another resource home consistent with
				N.J.S.A. 30:4C-53.3c(5).
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 5 - DISPUTE RESOLUTION › Subchapter 3 - DISPOSITIONAL REVIEW › Section 3A:5-3.2 - Procedures related to dispositional reviews

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A request for a
				dispositional review shall be made in accordance with
				N.J.A.C.
				3A:5-2.5.
(b) The appellant shall submit any information
				that he or she has agreed to submit to the Review Officer within the time limit
				agreed upon between the appellant and the Review Officer.
(c) The Review Officer shall conduct a
				dispositional review through a telephone conference in lieu of having the parties
				present, when the appellant declines to meet in person with the Review Officer, but
				agrees to communicate by telephone.
(d)
				If there is no in-person or telephone meeting, the Review Officer shall conduct a
				record and document review in lieu of having the parties present.
(e) The Division shall determine whether and in
				what manner the child's position on the matters at issue shall be ascertained and
				the nature of the child's participation in the dispositional review where the
				outcome of the dispositional review shall have a direct impact on the child or
				children.
(f) The Division shall send
				the appellant written notification of whether a dispositional review shall be a
				meeting/gathering of the parties, or a telephone conference, or a record and
				document review, at least five business days prior to the dispositional review, and
				include the time and location of the dispositional review and issues to be
				considered.
(g) The Division shall grant
				a request for postponement of a dispositional review only for good cause, which
				shall include the appellant's need for additional time to provide necessary
				information. The Division shall consider that an appellant has withdrawn his or her
				request for a dispositional review when the Division has not granted a postponement
				and the appellant:
1. Does not appear at the
				scheduled dispositional review, unless such failure is due to unavoidable causes;
				or
2. Does not provide the agreed upon
				information for the dispositional review within the agreed upon time limit, unless
				delayed for reasons beyond the appellant's control or for other good
				reason.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 5 - DISPUTE RESOLUTION › Subchapter 4 - ADMINISTRATIVE HEARINGS › Section 3A:5-4.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A request for an administrative hearing shall
				be made in accordance with
				N.J.A.C.
				3A:5-2.5.
(b) The written request for an administrative
				hearing shall be specific as to the exact nature of the Division action in dispute.
				The Division representative shall help the appellant express his or her request, as
				necessary.
(c) Upon receipt of a request
				for an administrative hearing, the Administrative Hearings Unit may request
				information from the appellant in order to make a determination as to whether
				material facts are in dispute. When such information is received, the Administrative
				Hearings Unit shall make a record thereof and determine whether the appellant is
				entitled to an administrative hearing in accordance with
				N.J.A.C.
				3A:5-4.3.
(d) If the appellant is eligible for an
				administrative hearing, the AHU shall transmit the case to the OAL for an
				administrative hearing in accordance with
				N.J.A.C.
				1:1-4.1 and 8.1.
(e) If the appellant is not eligible for an
				administrative hearing for reasons other than the absence of material disputed
				facts, the AHU shall notify the appellant of this determination within 10 business
				days of making the determination, as well as provide the appellant with information
				concerning other appeal avenues which may be available.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 5 - DISPUTE RESOLUTION › Subchapter 4 - ADMINISTRATIVE HEARINGS › Section 3A:5-4.2 - Motion for Summary Disposition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the
				Administrative Hearings Unit determines that an appellant is ineligible for an
				administrative hearing because of the absence of material disputed facts, the
				Administrative Hearings Unit recommends to the Director of Legal Affairs or designee
				that the matter is appropriate for a Motion for Summary Disposition.
(b) The Director of Legal Affairs or designee, in
				consultation with a representative of the Attorney General's Office, shall determine
				whether to proceed with a Motion for Summary Disposition, based on whether or not
				there are material facts in dispute.
1. When the
				Director of Legal Affairs or designee and the representative of the Attorney
				General's Office determine to proceed with a Motion for Summary Disposition because
				no material facts are in dispute, the case shall be transmitted to the Attorney
				General's Office for assignment for preparation of the Motion for Summary
				Disposition.
2. When the Director of
				Legal Affairs or designee and the representative of the Attorney General's Office
				determine not to proceed with a Motion for Summary Disposition, because material
				facts are in dispute, the matter shall be transmitted to the OAL in accordance with
				N.J.A.C.
				3A:5-4.3.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 5 - DISPUTE RESOLUTION › Subchapter 4 - ADMINISTRATIVE HEARINGS › Section 3A:5-4.3 - Transmittal to OAL

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Administrative Hearings Unit shall
				transmit a matter that constitutes a contested case, pursuant to
				N.J.A.C.
				1:1-1.1, to the Office of Administrative Law,
				including:
1. A request by a parent of a child
				under the supervision of the Division, a child under the supervision of the
				Division, or a person with physical custody acting on behalf of that child, or a
				sibling of that child, or a relative as defined to dispute a denial, reduction,
				suspension or termination regarding a Division service issue, unless the denial,
				reduction, suspension, or termination is an across the board action resulting from a
				reduction in Federal or State funding; or
2. A request by a perpetrator of child abuse or
				neglect to appeal a substantiated finding of child abuse or neglect, when there are
				material disputed facts.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 5 - DISPUTE RESOLUTION › Subchapter 4 - ADMINISTRATIVE HEARINGS › Section 3A:5-4.4 - Withdrawal of administrative hearing request

Current through Register Vol. 56, No. 14, July 15, 2024
The filing of a request for an administrative hearing shall not
				  preclude continued effort to accomplish corrective action or interpretation by the
				  Division through preliminary efforts in accordance with
				  N.J.A.C. 3A:5-2.4
				  and
				  N.J.A.C.
				  1:1-4.2 and 8.1. If, as a result of satisfactory
				  adjustment or for any other reason, the appellant desires to withdraw the request
				  for the administrative hearing, he or she shall so notify the Division and the OAL
				  in accordance with
				  N.J.A.C.
				  1:1-19.2.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 3A:10-1.1 - Purpose and objectives

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this
				chapter is to:
1. Describe how the Department
				conducts a child protection investigation;
2. Explain the requirements of a child protective
				investigator in performing an investigation; and
3. Explain what an alleged child victim,
				caregiver, or parent or guardian may expect during the course of a child protection
				investigation.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 3A:10-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of this chapter apply to the
				following persons involved in a child protection investigation:
1. Each child and his or her family and each
				household member;
2. Each child at risk
				of abuse or neglect;
3. Each parent or
				guardian of such a child;
4. Each
				caregiver or paramour, including a temporary or an institutional
				caregiver;
5. Each person named as an
				alleged perpetrator of abuse or neglect;
6. Each reporter;
7. The Public Defender when acting as the
				Department's agent; and
8. Each
				Department representative.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 3A:10-1.4 - General policy

Current through Register Vol. 56, No. 14, July 15, 2024
The primary concern of all public agencies involved with abuse and
				  neglect is to ensure the safety, well-being, and best interests of the child. Other
				  considerations, such as the objective of maintaining family integrity, promoting
				  family functioning, or the concern for traditional "parental rights," are
				  secondary.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 2 - CHILD PROTECTION INVESTIGATION PROCESS › Section 3A:10-2.1 - When an investigation is required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The State Central
				Registry representative shall deem a call to be a report if he or she determines
				that a call contains at least one allegation which, if true, would constitute a
				child being an abused or neglected child, as defined in 3A:10-1.3. The child
				protective investigator shall investigate each new report, regardless of whether the
				alleged child victim and his or her family is known or not known to the
				Department.
(b) A child protective
				investigator shall conduct a child protection investigation in response to each
				report alleging abuse or neglect on a military installation, to the extent permitted
				by the base commander, in accordance with U.S. Department of Defense Instruction
				6400.01, incorporated herein by reference, as amended and supplemented, and this
				chapter.
1. U.S. Department of Defense Instruction
				6400.01 is available for download from the Departmen of Defense's website,
http://www.esd.whs.mil/Portals/54/
				Documents/DD/issuances/dodi/640001p.pdf
.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 2 - CHILD PROTECTION INVESTIGATION PROCESS › Section 3A:10-2.2 - Time frames for investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The child protective
				investigator shall start the investigation of a report no later than the end of the
				work day or within 24 hours of the State Central Registry representative determining
				the time frame and notifying the local office or the after-hours child protective
				investigator of the report, unless a Division or other entity authorizes a delay
				based upon the request of a law enforcement official, pursuant to N.J.S.A.
				9:6-8.11.
(b) The State Central Registry
				representative determines whether each report meets one or more of the following
				criteria. The State Central Registry representative determines each report that
				meets one or more of the following criteria shall be investigated no later than the
				end of the work day of receipt at the State Central Registry. The criteria are:
1. Law enforcement personnel request an immediate
				response;
2. An immediate response will
				prevent the loss of evidence;
3. A child
				has died due to abuse or neglect and a sibling or other child remains under the care
				of a parent or guardian;
4. A child is
				born drug-exposed;
5. A child under age
				six is alone at the time the State Central Registry receives the report;
6. A child requires medical attention at the time
				the State Central Registry receives the report; or
7. A child is being seriously physically abused at
				the time the State Central Registry receives the report.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 2 - CHILD PROTECTION INVESTIGATION PROCESS › Section 3A:10-2.3 - Evidence needed to support a finding

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The child protective
				investigator shall, in completing the investigation of a report containing one or
				more allegations of abuse or neglect:
1. Obtain
				evidence whether the child has an injury or condition;
2. Obtain evidence whether the injury or condition
				is a direct result of one of the following:
i.
				Some action by a parent or guardian;
ii.
				The failure of a parent or guardian to stop the action of another person;
				or
iii. The parent or guardian's
				reckless disregard of a harmful situation;
3. Obtain a detailed explanation from the alleged
				child victim, the alleged perpetrator, each witness and each other person with
				knowledge of the injury or condition;
4.
				Document the final police investigation result, if any, whenever there is police
				involvement in the investigation; and
5.
				Document each verbal statement by the police and the request for the police report,
				whenever there is police involvement in the investigation and a police report is not
				made or is unavailable.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 3 - CHILD PROTECTION INVESTIGATION PROCESS FOR LOCAL OFFICE INVESTIGATIONS › Section 3A:10-3.1 - Requirements for an investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The child protective
				investigator shall interview the alleged child victim in person and individually,
				during the investigation of a report containing any allegation. The child protective
				investigator shall observe each non-verbal alleged child victim. The child
				protective investigator shall use sensitivity to avoid further trauma to each
				alleged child victim.
(b) The child
				protective investigator shall, in completing an investigation of a report containing
				any allegation:
1. Complete a safety
				assessment;
2. Interview, in person and
				individually, the caregiver and each adult in the home. The child protective
				investigator shall interview the alleged child victim's caregiver on the same day as
				the alleged child victim, if possible;
3. In cases where a service case is currently
				closed but had been open within the previous two years, interview a prior permanency
				worker who is the most knowledgeable about the family, if he or she is
				available;
4. Interview, in person and
				individually, each other child residing in the home of the alleged child victim. The
				child protective investigator shall observe each non-verbal child;
5. Read and review each available prior
				investigation relevant to the report;
6.
				Interview the reporter and each other person identified in the current report or
				related information as having knowledge of the incident or as having made an
				assessment of physical harm, including, but not limited to, the:
i. Physician;
ii. Medical examiner;
iii. Coroner;
iv. Other professional who treated the alleged
				child victim's current condition, other than the reporter;
v. Assigned permanency worker;
vi. Youth services provider;
vii. Private agency caseworker; and
viii. Other Department representative working with
				the alleged child victim or his or her family;
7. Interview the alleged perpetrator, in
				person;
8. Complete a Child Abuse Record
				Information check of each household member and each other individual regularly
				frequenting or living in the alleged child victim's home;
9. Conduct a PROMIS/GAVEL check to identify a
				paramour's record of criminal history, when the report involves a
				paramour;
10. Complete a risk
				assessment;
11. Observe the environment
				where alleged abuse or neglect occurred or which poses a threat to the child;
				and
12. Obtain and document written
				approval by a supervisor when seeking to eliminate any requirement listed in (b)1
				through 11 above.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 3 - CHILD PROTECTION INVESTIGATION PROCESS FOR LOCAL OFFICE INVESTIGATIONS › Section 3A:10-3.2 - Safety assessment and risk assessment for local offices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The child protective
				investigator shall consider the alleged child victim's safety throughout the
				investigation and at each meeting with the alleged child victim or
				caregiver.
(b) The child protective
				investigator shall assess the safety of an alleged child victim, using a
				Department-designated assessment tool, during the investigation.
(c) The child protective investigator shall
				complete a risk assessment, using a Department-designated assessment tool, during
				the investigation and after the completion of a safety assessment.
(d) The child protective investigator shall, in
				the event that a factor that makes the child unsafe has been identified, develop and
				implement a safety protection plan to assure the child's safety with the parent or
				caregiver. If the safety protection plan cannot assure the safety of the alleged
				child victim, the child protective investigator shall remove the alleged child
				victim from the home, in accordance with NJ.A.C. 3A:10-6.2. If a safety protection
				plan includes any provision limiting a parent or guardian access to a child or the
				home, a Department representative shall notify the deputy attorney general within
				five days.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 3 - CHILD PROTECTION INVESTIGATION PROCESS FOR LOCAL OFFICE INVESTIGATIONS › Section 3A:10-3.3 - Actions permitted in performing investigations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The child
				protective investigator may make an unannounced visit to the alleged child victim's
				residence or place where the alleged child victim, or his or her parent or guardian,
				is located, when conducting the investigation except that, if the parent or guardian
				has explicitly forbidden contact with the child, an Order to Show Cause to
				Investigate may be required prior to contact.
(b) The child protective investigator may remove,
				move or cause to be removed or moved only that clothing necessary to view suspected
				injuries, when conducting the investigation. This shall be done in a manner
				consistent with the alleged child victim's sense of privacy and in consideration of
				the age, sex and emotional state of the alleged child victim and the need to limit
				the number of physical examinations the alleged child victim undergoes. This shall
				be done only in the presence of an adult supportive of the alleged child victim,
				except in emergency situations.
(c) The
				child protective investigator may photograph or arrange to photograph the alleged
				child victim's injury or harm, whenever there are visible indications of injury or
				harm, and subsequently to record the results of the injury or harm, when conducting
				the investigation.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 4 - CHILD PROTECTION INVESTIGATION PROCESS FOR THE INSTITUTIONAL ABUSE INVESTIGATION UNIT › Section 3A:10-4.1 - Requirements for an IAIU investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The IAIU
				investigator shall, in completing an investigation of a report containing any
				allegation:
1. Interview the alleged child victim
				in person and individually, using sensitivity to avoid further trauma to each
				alleged child victim;
2. Observe each
				non-verbal alleged child victim;
3.
				Interview, in person and individually, the caregiver or institutional caregiver, on
				the same day as the alleged child victim, if possible;
4. Interview each adult in the home, when the
				investigation involves a resource home or family child care home;
5. Read and review each available prior
				investigation relevant to the report;
6.
				Interview the reporter and each other person identified in the current report or
				related information as having knowledge of the incident or as having made an
				assessment of physical harm, including, but not limited to, the:
i. Physician;
ii. Registered professional nurse;
iii. Forensic Nurse-Certified Sexual Assault
				(FN-CSA);
iv. Advanced practice nurse
				(APN);
v. Medical examiner;
vi. Coroner;
vii. Other professional who treated the alleged
				child victim's current condition, other than the reporter;
viii. Assigned permanency worker;
ix. Youth services provider;
x. Private agency caseworker; and
xi. Other Department representative working with
				the alleged child victim or his or her family;
7. Interview the alleged perpetrator, in
				person;
8. Complete a Child Abuse Record
				Information check of each household member and each other individual regularly
				frequenting or living in the alleged child victim's home when investigating a report
				involving a resource home or family child care home;
9. Conduct a PROMIS/GAVEL check to identify a
				paramour's record of criminal history, when the report involves a resource parent's
				paramour; and
10. Observe the
				environment where alleged abuse or neglect occurred or which poses a threat to the
				child.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 4 - CHILD PROTECTION INVESTIGATION PROCESS FOR THE INSTITUTIONAL ABUSE INVESTIGATION UNIT › Section 3A:10-4.2 - Safety assessment for IAIU cases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The IAIU
				investigator shall consider the alleged child victim's safety throughout the
				investigation and at each meeting with the alleged child victim or
				caregiver.
(b) The IAIU investigator
				shall assess the safety of an alleged child victim when investigating an allegation
				in a CP&P resource home, using a Department-designated assessment tool, during
				the investigation.
(c) The Department
				representative shall, in the event that a factor that makes the child unsafe has
				been identified, complete a safety assessment. A Department representative shall
				develop and implement a safety protection plan to assure the child's safety with the
				caregiver or institutional caregiver. If the safety protection plan cannot assure
				the safety of the alleged child victim, the Department representative shall remove
				the alleged child victim from the home or institution, in accordance with
				N.J.A.C.
				3A:10-6.2.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 4 - CHILD PROTECTION INVESTIGATION PROCESS FOR THE INSTITUTIONAL ABUSE INVESTIGATION UNIT › Section 3A:10-4.3 - Actions permitted in performing IAIU investigations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The IAIU
				investigator may make an unannounced visit to the alleged child victim's residence
				or place where the alleged child victim, or his or her parent or guardian is
				located, when conducting the investigation.
(b) The IAIU investigator may remove, move or
				cause to be removed or moved only that clothing necessary to view suspected
				injuries, when conducting the investigation. This shall be done in a manner
				consistent with the alleged child victim's sense of privacy and in consideration of
				the age, sex and emotional state of the alleged child victim and the need to limit
				the number of physical examinations the alleged child victim undergoes. This shall
				be done only in the presence of an adult supportive of the alleged child victim,
				except in emergency situations.
(c) The
				IAIU investigator may photograph or arrange to photograph the alleged child victim's
				injury or harm, whenever there are visible indications of injury or harm, and
				subsequently to record the results of the injury or harm, when conducting the
				investigation.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 5 - SPECIALIZED ASSESSMENT AND INVESTIGATION › Section 3A:10-5.1 - Referral of cases to a prosecutor

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
									N.J.S.A.
				9:6-8.10requires each person to report suspected
				cases of abuse or neglect to the Department, and the Department has a legal
				obligation to refer to county prosecutors all cases that involve suspected criminal
				activity on the part of a child's parent, caregiver, or any other person. While this
				duty may result in the referral of a substantial number of cases to prosecutors, it
				is anticipated that in most of the cases referred, extensive police involvement will
				not be warranted, and, indeed, that in many cases no police involvement will be
				required.
(b) Each child protective
				investigator is obligated to immediately report to the prosecutor all cases
				involving suspected criminal conduct on the part of a parent, caregiver, or any
				other person. This obligation will be satisfied if the child protective investigator
				refers to the prosecutor all cases involving any of the following: (This list shall
				not be construed to preclude the referral of any other case that, in the judgment of
				the child protective investigator and supervisor, warrants review by the
				prosecutor.)
1. Death of a child;
2. The subjecting or exposing of a child to
				unusual or inappropriate sexual activity;
3. Any type of injury or condition resulting in
				hospitalization or emergency room treatment;
4. Any type of injury or condition that requires
				significant medical attention (for example, treatment for broken bone at physician's
				office);
5. Repeated instances of
				physical violence committed against a child, or substantially depriving a child of
				necessary care over a period of time; or
6. Abandonment of a child.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 5 - SPECIALIZED ASSESSMENT AND INVESTIGATION › Section 3A:10-5.2 - Department recommendations to prosecutors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When referring a
				case to the prosecutor, the child protective investigator may already have
				information sufficient to arrive at a preliminary conclusion concerning the need for
				investigation by a law enforcement agency. This conclusion will be based on the
				standards set forth in this chapter. A recommendation, and the underlying reasons
				therefor, will be communicated to the prosecutor at the time the case is
				referred.
(b) Recognizing that the child
				protective investigator may have already conducted a preliminary investigation of
				the case, that the child protective investigator has some experience and expertise
				enabling him or her to assess the need for action by the prosecutor, that in some
				cases efforts already made to ameliorate the underlying problems may be undermined
				by the initiation of a police investigation, and that the child protective
				investigator is also in a position to identify cases in which immediate action by a
				law enforcement agency is required, the prosecutor shall give due consideration to
				the recommendations of the Department. If the prosecutor determines to investigate a
				case notwithstanding a contrary recommendation by the Department, he or she should
				discuss the matter with the child protective investigator, his or her supervisor, or
				the local office liaison before initiating the investigation.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 5 - SPECIALIZED ASSESSMENT AND INVESTIGATION › Section 3A:10-5.3 - Response by prosecutors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to
				facilitate communication with the Department and coordinate handling of abuse and
				neglect cases, each county prosecutor shall designate an assistant prosecutor to
				serve as liaison to the Department's local office for such cases. The person so
				designated will be responsible for keeping the Department informed as to the course
				of action taken by the prosecutor. In addition, and to the extent practicable, each
				prosecutor shall delegate to one or several investigators, the responsibility for
				conducting all investigations in abuse and neglect cases.
(b) The supervising detective of the county
				prosecutor's office shall determine if law enforcement will be involved in the
				investigation and shall notify a Department representative. The prosecutor may take
				various courses of action upon receipt of a referral, among them, the following:
1. Advise the Department staff member making the
				referral that the prosecutor will not undertake an investigation and request that
				the prosecutor be advised immediately of any indication of further or continuing
				abuse or neglect; or
2. With advance
				notice to the Department, undertake an initial investigation using, to the extent
				practicable, specially designated investigators or refer the matter to a designated
				officer in a local police department for initial investigation.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 5 - SPECIALIZED ASSESSMENT AND INVESTIGATION › Section 3A:10-5.4 - Law enforcement assistance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each child
				protective investigator shall request assistance from and make every effort to
				coordinate investigative activities with local law enforcement pursuant to N.J.S.A.
				9:6-8.28e and 8.29d, when conducting an investigation and whenever:
1. The child protective investigator needs
				personal protection;
2. The nature of
				the report suggests it;
3. There is an
				immediately life-threatening situation; or
4. Violence is occurring or is immediately
				threatened.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 5 - SPECIALIZED ASSESSMENT AND INVESTIGATION › Section 3A:10-5.5 - Coordination of a child protection investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each child
				protective investigator shall, when conducting a child protection investigation of a
				report in which law enforcement, a regional diagnostic and treatment center, a child
				advocacy center, medical and psychological personnel, or a multidisciplinary team is
				involved, participate in the coordination of the following activities:
1. Interviewing the alleged child victim and the
				alleged perpetrator;
2. Accessing
				appropriate investigative medical and psychological services; and
3. Making timely and appropriate linkages to
				treatment.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 5 - SPECIALIZED ASSESSMENT AND INVESTIGATION › Section 3A:10-5.6 - Medical evaluation and treatment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				representative shall arrange for the alleged child victim and each of his or her
				siblings or any other child in the household to receive appropriate and immediate
				medical screening, care, and treatment pursuant to N.J.S.A. 9:6-8.30c, when an
				alleged child victim has been removed from his or her home. A medical professional
				shall release medical reports resulting from the screening, care, or treatment to a
				Department representative for the purpose of aiding in the finding of whether the
				alleged child victim has been abused or neglected, pursuant to N.J.S.A.
				9:6-8.30c.
(b) The child protective
				investigator may arrange for a psychiatric or psychological evaluation and treatment
				for the alleged child victim with parental consent or with a court order, whenever
				the child protective investigator has reason to believe that the alleged child
				victim may have suffered serious emotional harm.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 6 - SERVICES AND REMOVAL DURING INVESTIGATION › Section 3A:10-6.1 - Services on an emergency basis

Current through Register Vol. 56, No. 14, July 15, 2024
The Department representative shall offer the family services that
				  are needed on an emergency basis pursuant to
				  N.J.S.A.
				  30:4C-13 and
				  9:6-8.11, before completing the child
				  protection investigation and until the child protection investigation is
				  completed.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 6 - SERVICES AND REMOVAL DURING INVESTIGATION › Section 3A:10-6.2 - Emergency placement process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				representative shall remove the alleged child victim from his or her current home or
				location and initiate an emergency placement process, if:
1. Any child in the home or location is determined
				to be unsafe and at imminent risk of harm in accordance with
				N.J.A.C.
				3A:10-3.2 and 4.2; and
2. A plan which allows the alleged child victim to
				remain in his or her own home or location cannot be developed.