reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 6 - SERVICES AND REMOVAL DURING INVESTIGATION › Section 3A:10-6.3 - Information provided to parent, caregiver, and relative

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The child protective
				investigator shall make every reasonable effort to notify the child's parent,
				caregiver, temporary caregiver, and institutional caregiver responsible for the
				child at the time of the removal, when an emergency removal is made pursuant to
				N.J.S.A. 9:6-8.2 9.
(b) A child
				protective investigator shall immediately:
1.
				Serve, or attempt to serve, written notice upon the parent, caregiver, or employee
				of an institution from which the child was removed, whenever a child has been taken
				into protective custody pursuant to NJ.S.A. 9:6-8.16; and
2. Begin a child protection
				investigation.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 7 - FINDINGS AND DOCUMENTATION › Section 3A:10-7.1 - Informing the alleged child victim, caregiver, and temporary caregiver about the investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The child protective
				investigator shall notify the parent of the child subject of the investigation and
				the caregiver of the child subject of the investigation, if the child will remain in
				the custody of the caregiver, as soon as possible after interviewing or observing
				the child or any of his or her siblings that the child(ren) has been interviewed or
				observed.
(b) When an investigation is
				conducted in an institution, and any child, other than the child that is the subject
				of the investigation, is interviewed without the knowledge and consent of the
				parent, the Department shall not be obligated to notify the parents of those
				children of the investigation.
(c) The
				child protective investigator shall provide the following people with the
				information specified in (d) below:
1. The alleged
				child victim in accordance with and in a manner appropriate to the alleged child
				victim's age, condition, and capacity to understand and cope with the
				information;
2. The alleged child
				victim's caregiver with physical custody at the time of the incident;
3. The caregiver with whom the alleged child
				victim normally resides; and
4. The
				caregiver to whom the alleged child victim will be returned, if the alleged child
				victim is in an institution at the time of the incident.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 7 - FINDINGS AND DOCUMENTATION › Section 3A:10-7.2 - Information provided to alleged perpetrator about the investigation

Current through Register Vol. 56, No. 14, July 15, 2024
The child protective investigator shall, upon initial contact,
				  inform each person specifically alleged to be a perpetrator of abuse or neglect
				  about the provisions of
				  N.J.A.C.
				  3A:10-7.1 and that he or she has been named the
				  alleged perpetrator of abuse or neglect, unless the police, prosecutor, or deputy
				  attorney general advises the child protective investigator to delay providing the
				  information, or when providing such information will jeopardize the
				  investigation.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 7 - FINDINGS AND DOCUMENTATION › Section 3A:10-7.3 - Investigation findings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department representative shall evaluate
				the available information and, for each allegation, determine whether abuse or
				neglect has occurred, and shall make every reasonable effort to identify the
				perpetrator for each allegation of abuse or neglect.
(b) The Department representative shall make
				findings for each report in accordance with (c) below within 60 days of the report
				being received at the State Central Registry, except for good cause approved by the
				office manager or designee. The office manager or designee may grant extensions in
				increments of 30 days, if the child protective investigator is continuing efforts to
				confirm credible information.
(c) For
				each allegation, the Department representative shall make a finding that an
				allegation is "substantiated," "established," "not established," or "unfounded."
1. An allegation shall be "substantiated" if the
				preponderance of the evidence indicates that a child is an "abused or neglected
				child" as defined in
				N.J.S.A. 9:6-8.21 and
				either the investigation indicates the existence of any of the circumstances in
				N.J.A.C.
				3A:10-7.4 or substantiation is warranted based on
				consideration of the aggravating and mitigating factors listed in
				N.J.A.C.
				3A:10-7.5.
2. An allegation shall be "established" if the
				preponderance of the evidence indicates that a child is an "abused or neglected
				child" as defined in
				N.J.S.A. 9:6-8.21, but the
				act or acts committed or omitted do not warrant a finding of "substantiated" as
				defined in (c)1 above.
3. An allegation
				shall be "not established" if there is not a preponderance of the evidence that a
				child is an abused or neglected child as defined in
				N.J.S.A. 9:6-8.21, but
				evidence indicates that the child was harmed or was placed at risk of
				harm.
4. An allegation shall be
				"unfounded" if there is not a preponderance of the evidence indicating that a child
				is an abused or neglected child as defined in
				N.J.S.A. 9:6-8.21, and the
				evidence indicates that a child was not harmed or placed at risk of harm.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 7 - FINDINGS AND DOCUMENTATION › Section 3A:10-7.4 - Required findings of substantiated

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The existence of any
				one or more of the following circumstances shall require a finding of substantiated
				when the investigation indicates:
1. The death or
				near death of a child as a result of abuse or neglect;
2. Subjecting a child to sexual activity or
				exposure to inappropriate sexual activity or materials;
3. The infliction of injury or creation of a
				condition requiring a child to be hospitalized or to receive significant medical
				attention;
4. Repeated instances of
				physical abuse committed by the perpetrator against any child;
5. Failure to take reasonable action to protect a
				child from sexual abuse or repeated instances of physical abuse under circumstances
				where the parent or guardian knew or should have known that such abuse was
				occurring; or
6. Depriving a child of
				necessary care which either caused serious harm or created a substantial risk of
				serious harm.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 7 - FINDINGS AND DOCUMENTATION › Section 3A:10-7.5 - Factors to be considered in determining a finding of substantiated or established

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				The Department representative shall consider the aggravating factors below in
				determining if abuse or neglect should be substantiated or established:
1. Institutional abuse or neglect;
2. The perpetrator's failure to comply with court
				orders or clearly established or agreed-upon conditions designed to ensure the
				child's safety, such as a child safety plan or case plan;
3. The tender age, delayed developmental status,
				or other vulnerability of the child;
4.
				Any significant or lasting physical, psychological, or emotional impact on the
				child;
5. An attempt to inflict any
				significant or lasting physical, psychological, or emotional harm on the
				child;
6. Evidence suggesting a
				repetition or pattern of abuse or neglect, including multiple instances in which
				abuse or neglect was substantiated or established; and
7. The child's safety requires separation of the
				child from the perpetrator.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 7 - FINDINGS AND DOCUMENTATION › Section 3A:10-7.6 - Notification of finding

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				representative shall provide notification of the finding to those persons specified
				in (c), (d), and (e) below. The Department representative shall delay the
				notification, as long as the delay does not appear to put the alleged child victim
				at risk, when a case is in litigation or a report is under criminal investigation
				and the police, prosecutor, or deputy attorney general has determined that
				notification of the investigation findings to persons in (c), (d), and (e) below,
				would interfere with the litigation.
1. A
				Department representative shall consult with the deputy attorney general before a
				finding of unfounded or not established is made on a case in litigation.
2. The Department representative shall provide
				written notification by either personal service or regular and certified mail to the
				perpetrator of each substantiated or established allegation.
3. The Department representative shall provide
				written notification of the finding by regular mail to those persons specified in
				(d) and (e) below.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 7 - FINDINGS AND DOCUMENTATION › Section 3A:10-7.7 - Use of findings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Department employee shall disclose only
				substantiated findings for a Child Abuse Record Information (CARI) check.
(b) Only unfounded findings shall be eligible for
				expunction pursuant to N.J.A.C. 3A:10-8.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 7 - FINDINGS AND DOCUMENTATION › Section 3A:10-7.8 - Other notification at conclusion of investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The child protective
				investigator shall advise the following people whether further services shall be
				offered or provided to an alleged child victim or to his or her family, upon
				completion of the investigation:
1. The caregiver
				with physical custody at the time of the incident;
2. The parent with whom the alleged child victim
				normally resides; and
3. The parent to
				whom the alleged child victim will be returned, if the alleged child victim was in
				an institution at the time of the incident.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 8 - EXPUNCTIONS › Section 3A:10-8.1 - Expunction limited to a record that consists of an unfounded report; contents of record to be expunged

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Department
				employee shall expunge a record in any format relating to an unfounded finding
				within the time frames set forth in
				N.J.A.C.
				3A:10-8.2, pursuant to
				N.J.S.A.
				9:6-8.40a, unless one of the exceptions listed in
				N.J.A.C.
				3A:10-8.3exists. A record scheduled for expunction
				shall be expunged of identifying information regarding the alleged
				perpetrator.
(b) The Department shall
				retain each record which contains a substantiated, established, or not established
				report, as specified in 3A:10-7.3.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 8 - EXPUNCTIONS › Section 3A:10-8.2 - Time frames and start date

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Department
				employee shall expunge a record which consists of an unfounded report, as specified
				in
				N.J.A.C.
				3A:10-7.3(c)4, three years after
				determining that the report was unfounded, unless one of the exceptions listed in
				N.J.A.C.
				3A:10-8.3 exists.
(b) If unfounded, a Department employee shall
				expunge the entire record, containing the original report and each subsequent
				unfounded report, three years after the date of the finding associated with the last
				report, if a subsequent report received during the three years prior to expunction
				is likewise unfounded, unless one of the exceptions listed in
				N.J.A.C.
				3A:10-8.3 exists.
(c) The Department shall limit routine expunction
				of records to those which consist of unfounded reports, as specified in
				N.J.A.C.
				3A:10-7.3(c)4, for which the
				finding was made on or after the April 7, 1997 enactment of
				N.J.S.A.
				9:6-8.40a.
(d) The Department shall limit the expunction of a
				record to its computer file only, if the record consists of a report unfounded prior
				to April 7, 1997.
(e) An alleged
				perpetrator may submit a request, in writing, to the Department of Children and
				Families, Closed Records Liaison, PO Box 717, Trenton, New Jersey 08625-0717, when
				he or she seeks expunction of a record that consists of a report that was unfounded
				prior to April 7, 1997. The Department's Closed Records Liaison shall make a
				determination on each request in accordance with the criteria contained in this
				subchapter, and shall advise the alleged perpetrator, in writing, as to whether the
				Department shall expunge or retain the record.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 8 - EXPUNCTIONS › Section 3A:10-8.3 - When the Department retains rather than expunges a record

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				employee shall retain a record which contains a report unfounded on or after April
				7, 1997, when one or more of the following circumstances exist:
1. The investigation of the report results in more
				than one finding, including both an unfounded and a substantiated, established, or
				not established finding;
2. The Division
				provided services to the alleged child victim, a member of his or her family or
				household, or the alleged perpetrator, and three years have not passed since a
				service case was closed or provision of services has been concluded;
3. The State Central Registry receives a
				subsequent report regarding the alleged child victim, a member of his or her family
				or household, or the alleged perpetrator, during the three years prior to
				eligibility for expunction, and the subsequent report is substantiated, established,
				or not established;
4. The outcome of a
				child protection investigation, a criminal investigation or a court proceeding
				involving the alleged child victim, a member of his or her family or household or
				the alleged perpetrator is pending;
5. A
				court of competent jurisdiction orders the Department to retain the
				record;
6. The Commissioner of the
				Department of Children and Families or designee requests that the Department retain
				the record;
7. The State Central
				Registry receives a subsequent report that the Department is investigating. If the
				subsequent report is unfounded, then the record is evaluated for expunction three
				years after the investigation is completed;
8. If an allegation is pending or under
				investigation at the time of expunction review, the record shall be retained for
				three years after the case is closed, if that allegation is likewise unfounded, or
				three years from when the service case is closed; or
9. If a service request is pending or under
				investigation at the time of expunction review, the record is retained until three
				years after the case is closed, if that allegation is likewise unfounded, or three
				years from when the service case is closed.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 8 - EXPUNCTIONS › Section 3A:10-8.4 - When an IAIU record is expunged

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For investigations
				of a resource parent or household member completed by the Institutional Abuse
				Investigation Unit, the Department representative shall expunge the IAIU record in
				three years as long as none of the reasons to retain the record as listed in
				N.J.A.C.
				3A:10-8.3 exist. The alleged child victim's case
				is not subject to expunction.
(b) The
				Department shall expunge a report involving an IAIU investigation resulting in a
				finding of unfounded three years after the corrective action plan was completed,
				unless another allegation is received within the three-year time period.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 10 - CHILD PROTECTION INVESTIGATIONS › Subchapter 8 - EXPUNCTIONS › Section 3A:10-8.5 - Notification of record expunction

Current through Register Vol. 56, No. 14, July 15, 2024
A Department representative shall include information about record
				  expunction as set forth in this subchapter, when providing notification of the
				  finding in accordance with
				  N.J.A.C.
				  3A:10-7.6.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 11 - SERVICE DELIVERY GENERAL PROVISIONS › Subchapter 1 - GENERAL PROVISIONS › Section 3A:11-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of the chapters on service
				delivery, N.J.A.C. 3A:3, 3A:12, 3A:13, 3A:18, and 3A:21 is to describe certain
				services provided by the Division, the processes used by the Division to determine
				what actions to take in response to an abuse or neglect report, referral, or
				application for services, what applicants and clients may expect of the Division and
				any standards and requirements for applicants, clients, and the Division related to
				those services.
(b) The purpose of this
				chapter is to provide certain general provisions and to define certain words and
				terms to be used throughout the chapters on service delivery by the Division, so as
				to provide standardization and ease of accessibility to the user of the New Jersey
				Administrative Code. The definitions stated at N.J.A.C. 3A:11-1.3 apply to N.J.A.C.
				3A:3, 3A:5, 3A:12, 3A:13, 3A:18, 3A:20, and 3A:21.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 11 - SERVICE DELIVERY GENERAL PROVISIONS › Subchapter 1 - GENERAL PROVISIONS › Section 3A:11-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this chapter and N.J.A.C. 3A:3, 3A:12, 3A:13,
				  3A:18, and 3A:21 apply to each Division representative, each applicant for services
				  from the Division, each client receiving services from the Division, each person
				  referred for Division services, each person making an abuse or neglect report or
				  referral to the Division, and each out-of-home placement provider for a child under
				  the supervision of the Division.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 11 - SERVICE DELIVERY GENERAL PROVISIONS › Subchapter 1 - GENERAL PROVISIONS › Section 3A:11-1.4 - Rights of applicants and clients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who
				currently resides in New Jersey shall have the right to apply for any child welfare
				services or child protective services provided by the Division.
(b) Any person within New Jersey may apply for
				child welfare services or protective services as specified in
				30:4C-11.
(c) Anyone requesting to apply in person for
				services shall be given the opportunity to do so immediately.
(d) The applicant, client, or representative
				requesting or requiring services shall have the right to make application in
				writing.
(e) The applicant or client
				shall receive written information about:
1. The
				Division's authority to provide service and conduct protective service
				investigations;
2. Services available
				through the Division;
3. The Division's
				mission;
4. The role of the Division
				representative;
5. The rights of
				applicants and clients including their right to consult an attorney;
6. When and how an applicant or client may appeal
				an action taken by or decision made by the Division;
7. The definition of an abused or neglected
				child;
8. The purpose and general
				procedures for a child protective service investigation;
9. Parental financial responsibilities when
				receiving Division services;
10. How to
				reach the Division by telephone during normal working hours and after working
				hours;
11. Child Placement Review and
				placement reviews when placement has been requested or is otherwise indicated;
				and
12. The Notice of Privacy Practices
				pursuant to the Health Insurance Portability and Accountability Act of 1996,
				42 U.S.C.
				§§
											1320d.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 11 - SERVICE DELIVERY GENERAL PROVISIONS › Subchapter 1 - GENERAL PROVISIONS › Section 3A:11-1.5 - Responsibilities of applicants and clients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person applying
				for or receiving services shall provide information necessary to determine his or
				her eligibility for services, including requested financial information.
(b) A person applying for or receiving services
				shall report within seven days to the Division representative any changes in the
				number or relationship of family members, changes in address or residence, changes
				in financial circumstances, changes in employment or any other change in
				circumstances which may affect eligibility for services.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 11 - SERVICE DELIVERY GENERAL PROVISIONS › Subchapter 1 - GENERAL PROVISIONS › Section 3A:11-1.6 - Responsibilities of the Division

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division,
				through a Division representative, is responsible for:
1. Helping ensure that the family's children are
				safe and protected from abuse or neglect;
2. Explaining why the Division is involved with a
				family;
3. Telling the applicant what is
				expected from him or her and his or her children;
4. Explaining to the family the procedures to
				obtain the services requested;
5.
				Providing only those services agreed upon unless there is a court order or as
				otherwise authorized in
				30:4C-12 and 15 and 9:6-8.18 and
				29;
6. Listening and offering to help
				find solutions to problems;
7.
				Discussing progress on a regular basis;
8. Informing the client of changes in services
				that may affect the family;
9.
				Explaining when and under what circumstances the Division will terminate its
				involvement with the family;
10.
				Explaining that, for child protection investigations, collateral contacts will be
				made and for what purpose within the limitations of N.J.S.A. 9:6-8.1 0a;
11. Explaining the purpose of collateral contacts
				in child welfare services and that collateral contacts shall be made with the
				client's consent; and
12. Explaining
				that, depending upon the service received and the client's financial circumstances,
				the client may have a responsibility to reimburse the Division or pay directly for
				the service.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 11 - SERVICE DELIVERY GENERAL PROVISIONS › Subchapter 1 - GENERAL PROVISIONS › Section 3A:11-1.7 - Service limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division shall provide needed services
				within the limits of legislative appropriations to all eligible children and
				families in similar circumstances. The provision of services shall also be subject
				to limitations due to actual ability of the Division to provide such services
				directly or by purchasing such services from appropriate privately sponsored
				agencies or institutions.
(b) The demand
				for social services frequently exceeds the funds available to provide them.
				Therefore, in accordance with
				N.J.S.A.
				30:4C-13, the Director may establish Division-wide
				service limitations based upon the need to focus finite resources to serve those
				individuals most in need. Service limitations shall be published within 90 days of
				imposition in the Public Notices section of the New Jersey Register.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 12 - CASE MANAGEMENT › Subchapter 1 - CASE PLAN › Section 3A:12-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to describe the process of
				  developing a case plan, to identify the participants in the development of the case
				  plan, and to identify the contents of the case plan.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 12 - CASE MANAGEMENT › Subchapter 1 - CASE PLAN › Section 3A:12-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this subchapter shall apply to each client,
				  family member, out-of-home placement provider, Division representative, and other
				  person participating in the case plan development.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 12 - CASE MANAGEMENT › Subchapter 1 - CASE PLAN › Section 3A:12-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The definitions in
				  N.J.A.C. 3A:11-1.3,
				  Definitions, are hereby incorporated into this subchapter by
				  reference.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 12 - CASE MANAGEMENT › Subchapter 1 - CASE PLAN › Section 3A:12-1.4 - When a case plan is developed

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A case plan shall be
				developed with each family for whom services will be provided. The Division
				representative shall prepare the case plan:
1.
				Within 60 calendar days of receipt of a report, as defined at
				N.J.A.C. 3A:10-1.3, or a
				child welfare services referral or application; or
2. Within 30 calendar days of a child entering or
				reentering out-of-home placement.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 12 - CASE MANAGEMENT › Subchapter 1 - CASE PLAN › Section 3A:12-1.5 - Participants in developing the case plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division
				representative shall develop the case plan with the child's parent, unless he or she
				is unwilling to participate, any person identified by the parent to participate, any
				person appointed by the court for this purpose and the child, if the Division
				representative determines that the child is willing and able to participate in the
				development of the case plan, in accordance with this subchapter. Other interested
				parties or service providers may be invited to participate.
(b) In addition to (a) above, when the child lives
				in an out-of-home placement, the Division representative shall develop the case plan
				with the participation of each child's out-of-home placement provider.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 12 - CASE MANAGEMENT › Subchapter 1 - CASE PLAN › Section 3A:12-1.6 - Process of developing the case plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Participation in
				developing the case plan shall include providing information, identifying needs,
				outcomes, supports, services and tasks, which are needed to meet the needs and
				achieve the case goal, suggesting the time frames for beginning and completing the
				identified services and tasks and specifying who is responsible for completing the
				identified services and tasks.
(b) If
				the participants in the case plan development process are unable to participate in a
				family team meeting, they may participate by:
1.
				Meeting individually with the Division representative;
2. Providing written information to the Division
				representative; or
3. Talking with the
				Division representative by telephone.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 12 - CASE MANAGEMENT › Subchapter 1 - CASE PLAN › Section 3A:12-1.7 - Contents of the written case plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The written case
				plan for a family with the child living at home shall include:
1. The reasons for the Division's current
				involvement and significant events with the family;
2. The family's perspective and understanding of
				their involvement with the Division, and the family's personal history;
3. The Division's history with the family,
				including allegations, dates, concerns, findings, and length of time;
4. The schedule for contacts between the Division
				representative and the family members, pursuant to N.J.A.C. 3A:12-2, In-Person
				Visits with Clients and Out-of-Home Placement Providers;
5. The supports and services offered to, provided
				to and used by the family since the last case plan was developed, for each case plan
				after the initial case plan. If any service is court-ordered, the case plan shall
				contain that service;
6. The behavioral
				and other changes expected from each person;
7. The services or activities that are intended to
				facilitate the changes and who will accomplish or provide them; and
8. Progress toward achieving the case goal for
				each family member receiving services.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 12 - CASE MANAGEMENT › Subchapter 1 - CASE PLAN › Section 3A:12-1.8 - Notice of the case plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division
				representative shall ask each person who participated in developing the case plan to
				sign the case plan to indicate his or her participation in developing the case
				plan.
(b) The Division representative
				shall give a copy of the Case Plan Family Agreement to each person who participates
				in the development of or signs the case plan, including the out-of-home placement
				provider, and to each parent who declines to participate in or sign the case plan.
				The Case Plan Family Agreement is a condensed version of the case plan which
				captures the outcome of the family planning meeting and the family's plan for
				change, based on the family's strengths.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 12 - CASE MANAGEMENT › Subchapter 2 - IN-PERSON VISITS WITH CLIENTS AND OUT-OF-HOME PLACEMENT PROVIDERS › Section 3A:12-2.1 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
N.J.S.A. 30:4C-25 requires the Division
				  of Child Protection and Permanency, Department of Children and Families to regularly
				  visit all children under its care, custody, and supervision.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 12 - CASE MANAGEMENT › Subchapter 2 - IN-PERSON VISITS WITH CLIENTS AND OUT-OF-HOME PLACEMENT PROVIDERS › Section 3A:12-2.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to establish criteria for
				  determining the frequency and nature of in-person visits by a Division
				  representative with each child, parent, and out-of-home placement
				  provider.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 12 - CASE MANAGEMENT › Subchapter 2 - IN-PERSON VISITS WITH CLIENTS AND OUT-OF-HOME PLACEMENT PROVIDERS › Section 3A:12-2.3 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this subchapter shall apply to each child
				  receiving services from the Division, his or her parent(s), each out-of-home
				  placement provider of a Division-supervised child, and the
				  Division.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 12 - CASE MANAGEMENT › Subchapter 2 - IN-PERSON VISITS WITH CLIENTS AND OUT-OF-HOME PLACEMENT PROVIDERS › Section 3A:12-2.4 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The definitions in
				  N.J.A.C. 3A:11-1.3,
				  Definitions, are hereby incorporated into this subchapter by
				  reference.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 12 - CASE MANAGEMENT › Subchapter 2 - IN-PERSON VISITS WITH CLIENTS AND OUT-OF-HOME PLACEMENT PROVIDERS › Section 3A:12-2.5 - Purpose of in-person visits by the Division representative

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				in-person visit by the Division representative shall be made for one or more of the
				following purposes:
1. To determine whether the
				child is receiving appropriate care and is safe from harm;
2. To determine whether the objectives of the case
				plan are being met;
3. To determine what
				progress is being made toward achieving the case goal; or
4. To determine whether barriers to achieving the
				case goal are being alleviated.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 12 - CASE MANAGEMENT › Subchapter 2 - IN-PERSON VISITS WITH CLIENTS AND OUT-OF-HOME PLACEMENT PROVIDERS › Section 3A:12-2.6 - Establishing a schedule for in-person visits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division
				representative and supervisor shall establish a schedule for each child, his or her
				parent and out-of-home placement provider based on the following:
1. The services to be provided by the Division and
				the tasks to be accomplished directly by the Division representative;
2. The services to be provided by non-Division
				service providers;
3. The case goal;
				and
4. The assessed risk to the
				child.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 12 - CASE MANAGEMENT › Subchapter 2 - IN-PERSON VISITS WITH CLIENTS AND OUT-OF-HOME PLACEMENT PROVIDERS › Section 3A:12-2.7 - In-person visitation when a child is placed out of his or her own home

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				the visits made in accordance with the provisions of
				N.J.A.C.
				3A:12-2.6, Establishing a schedule for in-person
				visits, whenever a child is placed out of his or her own home:
1. An initial in-person visit with the child, the
				prior custodial parent and the out-of-home placement provider shall be made by the
				Division representative within five working days following the child's placement out
				of his or her own home;
2. The visit
				with the child shall occur in the home of the out-of-home placement
				provider;
3. The in-person visit with
				the prior custodial parent may occur in either the parent's home, the office or
				other mutually-agreed upon location;
4.
				During the first two months of an initial or a subsequent placement, each child
				shall receive at least two in-person visits per month, with at least one visit
				occurring in the home of the out-of-home placement provider and at least one visit
				per month thereafter, occurring in the home of the out-of home placement provider;
				and
5. Each parent of a child with a
				case goal of reunification shall receive at least two in-person visits per month and
				each parent of a child with another case goal shall receive at least one visit per
				month, unless parental rights have been terminated.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 12 - CASE MANAGEMENT › Subchapter 2 - IN-PERSON VISITS WITH CLIENTS AND OUT-OF-HOME PLACEMENT PROVIDERS › Section 3A:12-2.8 - Change in placement

Current through Register Vol. 56, No. 14, July 15, 2024
Following a change in the child's out-of-home placement, the
				  Division representative shall have an in-person visit within five working days with
				  the child and new out-of-home placement provider.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 12 - CASE MANAGEMENT › Subchapter 2 - IN-PERSON VISITS WITH CLIENTS AND OUT-OF-HOME PLACEMENT PROVIDERS › Section 3A:12-2.9 - Placement in a treatment-based out-of-home placement program further than 50 miles from the New Jersey State border

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a child is
				placed in a treatment-based out-of-home placement program further than 50 miles from
				the New Jersey State border, the Division representative shall speak with the child
				by telephone within five working days of the child's placement in a treatment-based
				out-of-home placement program, unless contraindicated by the individual treatment
				plan for the child.
(b) When a child is
				placed in a treatment-based out-of-home placement program further than 50 miles from
				the New Jersey State border, the Division representative shall visit the child and
				attend the conference to develop the child's treatment plan within 30 calendar days
				of placement.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 12 - CASE MANAGEMENT › Subchapter 2 - IN-PERSON VISITS WITH CLIENTS AND OUT-OF-HOME PLACEMENT PROVIDERS › Section 3A:12-2.10 - Initial in-person visits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to the standards set by N.J.A.C.
				3A:12-2.7, 2.8, and 2.9, the Division representative shall make an in-person visit
				with the child, the parent, and the out-of-home placement provider, if applicable,
				in the child's residence within 10 working days when:
1. A Division representative is assigned to a
				newly-opened case; or
2. The case is
				transferred from one Division representative to another. In this instance, the
				newly-assigned Division representative shall make the in-person visit.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 12 - CASE MANAGEMENT › Subchapter 2 - IN-PERSON VISITS WITH CLIENTS AND OUT-OF-HOME PLACEMENT PROVIDERS › Section 3A:12-2.11 - In-person visitation with a child alone

Current through Register Vol. 56, No. 14, July 15, 2024
During any in-person visitation, a Division representative may
				  interview a child receiving services from the Division alone to allow the child to
				  speak freely.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 13 - GENERAL PLACEMENT PROVISIONS › Subchapter 3 - REVIEW OF CHILDREN IN OUT-OF-HOME PLACEMENT OR CARE PROVIDED BY A RELATIVE › Section 3A:13-3.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this subchapter shall apply to the Division and
				  to each child in out-of-home placement or cared for by a relative in accordance with
				  N.J.A.C.
				  3A:13-3.10, each parent, any legal counsel for the
				  child, the parent or the Division, and each out-of-home placement provider or
				  relative providing care for a child in accordance with
				  N.J.A.C.
				  3A:13-3.10. The provisions of this subchapter
				  shall not apply to those situations cited in
				  N.J.A.C.
				  3A:13-3.11.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 13 - GENERAL PLACEMENT PROVISIONS › Subchapter 3 - REVIEW OF CHILDREN IN OUT-OF-HOME PLACEMENT OR CARE PROVIDED BY A RELATIVE › Section 3A:13-3.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The definitions in
				  N.J.A.C. 3A:11-1.3 are
				  hereby incorporated in this subchapter by reference.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 13 - GENERAL PLACEMENT PROVISIONS › Subchapter 3 - REVIEW OF CHILDREN IN OUT-OF-HOME PLACEMENT OR CARE PROVIDED BY A RELATIVE › Section 3A:13-3.3 - Purpose of a placement review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of a
				placement review shall be to determine:
1. The
				safety of the child;
2. Whether the
				out-of-home placement or care provided by a relative should continue, consistent
				with the provisions of
				N.J.A.C.
				3A:13-3.4;
3. If reasonable efforts to reunify are not
				required when a court has made a determination pursuant to N.J.S.A.
				30:4C-11.3;
4. The extent of compliance
				with the case plan and the extent of progress made toward alleviating or mitigating
				the causes which necessitate placement;
5. Whether the placement plan required by N.J.S.A.
				30:4C-55 is appropriate or should be revised, including specifically:
i. Whether the case goal is still appropriate or
				should be modified;
ii. Whether the
				intermediate objectives relating to the case goal are appropriate or should be
				modified;
iii. Whether the statement of
				the duties and responsibilities of the Division, the parent, the out-of-home
				placement provider or relative providing care for the child, and the child, if age
				appropriate, including the services to be provided by the Division to the child, the
				parent, and the out-of-home placement provider or relative providing care for the
				child, should be modified;
iv. Whether
				the Division has made reasonable efforts to return the child home, including the
				provision of visitation in accordance with the applicable law unless (a)3 above
				applies;
v. Whether the Division has
				made reasonable efforts to locate family members who may be willing and able to care
				for the child; and
vi. Whether the
				continued out-of-home placement or care provided by a relative of the child is
				appropriate and in the best interest of the child;
6. A likely date by which the child can safely be
				returned home or, if the child cannot be returned home, placed for adoption or legal
				guardianship or in another permanent living arrangement; and
7. Whether to prepare for a permanency hearing,
				pursuant to
				42 U.S.C.
				§
											675(5)(C).
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 13 - GENERAL PLACEMENT PROVISIONS › Subchapter 3 - REVIEW OF CHILDREN IN OUT-OF-HOME PLACEMENT OR CARE PROVIDED BY A RELATIVE › Section 3A:13-3.4 - Determination of whether out-of-home placement or care provided by a relative should continue

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In deciding whether the out-of-home placement
				or care provided by a relative should continue, the Division shall consider and
				determine the following:
1. The safety of the
				child;
2. Whether the circumstances and
				reasons originally necessitating the out-of-home placement or care provided by a
				relative of the child continue to exist or if additional or different circumstances
				have occurred which support continued out-of-home placement or care provided by a
				relative;
3. Whether the Division in the
				provision of services has made reasonable efforts to return the child home and the
				failure to achieve that return home is not due to a lack of appropriate Division
				services or actions, as specified in the case plan, see N.J.A.C. 3A:12-1;
4. Whether the Division has provided ample
				opportunity for visitation between the child and parent, siblings and relatives, so
				as to maintain the parent-child and family relationships;
5. Whether continued out-of-home placement or care
				provided by a relative serves the best interest of the child;
6. Whether a less or more restrictive out-of-home
				placement would better meet the child's needs;
7. Whether an out-of-home placement or care
				provided by a relative in closer proximity to the child's family is available and if
				it would better serve the child's needs; and
8. Whether the child should be placed with any of
				his or her siblings and what efforts have been made to place the siblings
				together.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 13 - GENERAL PLACEMENT PROVISIONS › Subchapter 3 - REVIEW OF CHILDREN IN OUT-OF-HOME PLACEMENT OR CARE PROVIDED BY A RELATIVE › Section 3A:13-3.5 - Frequency of placement reviews

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At least once every
				six months, the Division shall:
1. Conduct a
				placement review in accordance with
				N.J.A.C.
				3A:13-3.7;
2. Participate in a review by the Child Placement
				Review Board pursuant to
				N.J.S.A. 30:4C-50 et seq.
				and
				N.J.A.C.
				3A:13-3.8; or
3. Participate in another professional case review
				in accordance with (b) below.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 13 - GENERAL PLACEMENT PROVISIONS › Subchapter 3 - REVIEW OF CHILDREN IN OUT-OF-HOME PLACEMENT OR CARE PROVIDED BY A RELATIVE › Section 3A:13-3.6 - Notice of Division placement review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division shall
				provide adequate prior written notice of the date, time and location of the
				placement review to each of the following, if applicable:
1. The parent;
2. The out-of-home placement provider or relative
				providing care for the child;
3. The
				child, if age appropriate;
4. Legal
				counsel for the child, the parent and the Division;
5. The Child Placement Review Board; and
6. The Case Assessment Resource Team
				Coordinator.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 13 - GENERAL PLACEMENT PROVISIONS › Subchapter 3 - REVIEW OF CHILDREN IN OUT-OF-HOME PLACEMENT OR CARE PROVIDED BY A RELATIVE › Section 3A:13-3.8 - Division responsibility to the Child Placement Review Board

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				N.J.S.A. 30:4C-50 et seq.,
				the Division shall provide the following information in its notice of out-of-home
				placement or care provided by a relative to the Family Court within five calendar
				days of a child's out-of-home placement or care provided by a relative:
1. The reasons for the out-of-home placement or
				care provided by a relative;
2. The
				Division's efforts to prevent out-of-home placement or care provided by a
				relative;
3. The short-term placement
				plan;
4. The case goal; and
5. The names and addresses of all parties,
				Division and non-Division, who have direct responsibility for or interest in the
				child.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 13 - GENERAL PLACEMENT PROVISIONS › Subchapter 3 - REVIEW OF CHILDREN IN OUT-OF-HOME PLACEMENT OR CARE PROVIDED BY A RELATIVE › Section 3A:13-3.9 - Review of adoption placement

Current through Register Vol. 56, No. 14, July 15, 2024
When a child is legally available for adoption and in a selected
				  adoption home or the consent to foster parent adoption is signed by the office
				  manager, the Division shall continue to conduct a placement review no less
				  frequently than once every six months, until the final judgment of adoption is
				  entered by the Family Court. Since the Child Placement Review Board shall suspend
				  its review, the Division shall submit to the Child Placement Review Board a status
				  report pursuant to
				  N.J.S.A.
				  30:4C-58.1 once every four months stating the
				  progress being made toward adoption finalization.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 13 - GENERAL PLACEMENT PROVISIONS › Subchapter 3 - REVIEW OF CHILDREN IN OUT-OF-HOME PLACEMENT OR CARE PROVIDED BY A RELATIVE › Section 3A:13-3.10 - Living arrangements subject to a placement review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each child in the
				following living arrangements or circumstances is subject to a placement review. The
				Division shall notice the Family Court, under
				N.J.S.A.
				30:4C-53, of these situations:
1. A child who has been placed voluntarily or
				non-voluntarily by the Division from his or her home, free or with maintenance
				provided by the Division; and
2. A child
				who has not been placed by the Division from his or her home but for whom the
				Division provides maintenance or provides permanency services.