Title 9, Title 9: CHILDREN--JUVENILE AND DOMESTIC RELATIONS COURTS

9:6-8.33. Originating proceeding to determine abuse or neglect a. A proceeding under this act is originated by the filing of a complaint in which facts sufficient to establish that a child is an abused or neglected child under this act are alleged. b. Where more than one child is…

9:6-8.34. Persons who may originate proceedings The following persons may originate a proceeding under this act: a. A parent or other person interested in the child. b. A duly authorized agency, association, society, institution or the division. c. A police officer. d. Any person…

9:6-8.35 Preliminary procedure. 15. Preliminary procedure. The division may, with the safety of the child of paramount concern: a. Confer with any person seeking to file a complaint, the potential respondent, and other interested persons concerning the advisability of filing a co…

9:6-8.36. Admissibility of statements made during a preliminary conference No statement made by the potential respondent during a preliminary conference held pursuant to section 15 hereof may be admitted into evidence at a fact-finding hearing under this act or in a court of crim…

9:6-8.36a Report to prosecutor of all instances of suspected child abuse, neglect. 1. The Department of Children and Families shall immediately report all instances of suspected child abuse and neglect, as defined by regulations, to the county prosecutor of the county in which th…

9:6-8.37. Issuance of summons On the filing of a complaint involving abuse or neglect under this act, unless a warrant is issued pursuant to section 19 hereof, the court shall cause a copy of the complaint and a summons to be issued forthwith, requiring the parent or guardian wit…

9:6-8.38. Service of summons a. In cases involving abuse, or neglect the complaint and summons shall be served within 2 court days after their issuance. If they cannot be served within that time, such fact shall be reported to the court with the reasons therefor within 3 court da…

9:6-8.39. Issuance of warrant and reports a. The court may issue a warrant directing the parent or guardian with whom the child is residing to be brought before the court, when a complaint is filed with the court under this act and it appears that (1) the summons cannot be served…

9:6-8.40 Records involving abuse or neglect. 20. Records involving abuse or neglect. When the Department of Children and Families receives a report or complaint that a child may be abused or neglected; when the department provides services to a child; or when the department recei…

9:6-8.40a Expungement of unfounded allegations. 1. a. The Division of Child Protection and Permanency in the Department of Children and Families shall expunge from its records all information relating to a report, complaint, or allegation of an incident of child abuse or neglect …

9:6-8.41. Required findings concerning notice No hearing may commence under this act unless the court enters a finding: a. That the parent or guardian is present at the hearing or has been served with a copy of the complaint; or b. If the parent or guardian is not present, that e…

9:6-8.42. Effect of absence of parent or guardian If the parent or guardian is not present, the court may proceed to hear a complaint under this act only if the child is represented by a law guardian. If the parent or guardian thereafter makes a motion to the court that a resulti…

9:6-8.43 Notice of rights. 23. Notice of rights. a. The court shall advise the parent or guardian of his right to have an adjournment to retain counsel and consult with him. The court shall advise the respondent that if he is indigent, he may apply for an attorney through the Off…

9:6-8.44. Definition of "fact-finding hearing" When used in this act the term "fact-finding hearing" means a hearing to determine whether the child is an abused or neglected child as defined herein. L.1974, c. 119, s. 24, eff. Oct. 10, 1974.

9:6-8.45. Definition of "dispositional hearing" When used in this act the term "dispositional hearing" means a hearing to determine what order should be made. L.1974, c. 119, s. 25, eff. Oct. 10, 1974.

9:6-8.46 Evidence. 26. a. In any hearing under this act, including an administrative hearing held in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), (1) proof of the abuse or neglect of one child shall be admissible evidence on the issue …

9:6-8.47. Sequence of hearings a. Upon completion of the fact-finding hearing, the dispositional hearing may commence immediately after the required findings are made. b. Reports prepared by the probation department or the division for use by the court at any time for the making …

9:6-8.48. Adjournments a. The court may adjourn a fact-finding hearing or a dispositional hearing for good cause shown on its own motion or on the motion of the county prosecutor, the law guardian, or the respondent's attorney. If so requested, the court shall not proceed with a …

9:6-8.49 Priority to certain proceedings. 29. To ensure that the safety of children is of paramount concern, when scheduling hearings and investigations, the court shall give priority to proceedings under this act involving imminent or actual physical harm, or in which a child ha…

9:6-8.50. Sustaining or dismissing complaint a. If facts sufficient to sustain the complaint are established, the court shall enter an order finding that the child is an abused or neglected child and shall state the grounds for said findings. b. If the proof does not conform to t…

9:6-8.51. Disposition of adjudication a. At the conclusion of a dispositional hearing under this act, the court shall enter an order of disposition: (1) suspending judgment in accord with section 32 hereof; (2) releasing the child to the custody of his parents or guardian in acco…

9:6-8.52. Suspended judgment a. The court shall define permissible terms and conditions of a suspended judgment. These terms and conditions shall relate to the acts of commission or omission of the parent or guardian. b. The maximum duration of any term or condition of a suspende…

9:6-8.53. Release to custody of parent or guardian a. If the order of disposition releases the child to the custody of his parent or guardian responsible for his care at the time of the filing of the complaint, the court may place the child under supervision of the division or ma…

9:6-8.54. Placement of child 34. a. For the purpose of section 31 of P.L.1974, c.119 (C.9:6-8.51), the court may place the child in the custody of a relative or other suitable person or the division for the placement of a child after a finding that the division has made reasonabl…

9:6-8.55. Order of protection The court may make an order of protection in assistance or as a condition of any other order made under this act. The order of protection may set forth reasonable conditions of behavior to be observed for a specified time by a person who is before th…

9:6-8.56. Probation supervision The court may place the respondent under the supervision of the probation department and the court shall define permissible terms and conditions of said supervision. The maximum duration of any such term or condition shall not exceed a period of 2 …

9:6-8.57. Abandoned child If the court finds that a child was abandoned by his parents or guardian, it may make an order so finding and may discharge the child to the custody of the Division which shall provide for such child as authorized by law. L.1974, c. 119, s. 37, eff. Oct.…

9:6-8.58. Provision for therapeutic services. 38. Provision for therapeutic services. a. In cases where, in the opinion of the court, an individual found to have abused or neglected a child appears to be in need of therapeutic services, the court may order the individual to accep…

9:6-8.58a Substance use disorder assessment of parent of placed child. 1. When a child is placed in the custody of a relative or other suitable person or the Division of Child Protection and Permanency pursuant to section 34 of P.L.1974, c.119 (C.9:6-8.54), because of a finding o…

9:6-8.58b Regulations. 2. The Commissioner of Children and Families pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt regulations to effectuate the purposes of this act. L.1998, c.127, s.2; amended 2006, c.47, s.53.

9:6-8.59. Staying, modifying, setting aside or vacating orders For good cause shown and after due notice, the court on its own motion, or that of the county prosecutor, the law guardian, the respondent's attorney, or the division may stay execution of arrest, set aside, modify or…

9:6-8.60. Petition to terminate placement Any interested person acting on behalf of a child placed under section 34 hereof or the child's parents or guardian may petition the court for any order terminating the placement. The petition must be verified and must show: a. That an ap…

9:6-8.61. Service of petition; answer A copy of a petition under section 40 hereof shall promptly be served pursuant to the Rules of Court upon the division or the individual having custody of the child under section 34 whose duty it shall be to file an answer to the petition wit…

9:6-8.62. Examination of petition and answer; hearing The court shall promptly examine the petition and answer. If the court concludes that a hearing should be held, it may proceed upon due notice to all concerned parties to hear the facts and determine whether continued placemen…

9:6-8.63. Orders on hearing a. If the court determines after hearing that continued placement serves the purposes of this act, it shall deny the petition. The court may, on its own motion, reduce the duration of the placement, change the agency or institution in which the child i…

9:6-8.64. Successive petitions If a petition under section 40 hereof is denied, it may not again be filed with the court for a period of 90 days after the denial, unless the order of denial permits refiling at an earlier time. L.1974, c. 119, s. 44, eff. Oct. 10, 1974.

9:6-8.65. Substitution for original placement If under section 34, custody of the child is given to a party other than the division, and that party is no longer able to continue custody of the child, the court may authorize the division to arrange for the child's care by another …

9:6-8.66. Failure to comply with terms and conditions of suspended judgment If a parent or guardian responsible for a child's care is brought before the court for failing to comply with the terms and conditions of a suspended judgment issued under section 32 hereof, and if, after…

9:6-8.67. Failure to comply with terms and conditions of probation If a parent or guardian is brought before the court for failing to comply with the terms and conditions of an order of probation issued under section 36 hereof, or of an order of protection issued under section 35…

9:6-8.68. Effect of running away from place of placement If a child placed under section 34 hereof runs away from the place of placement, the court may, after hearing, revoke the order of placement and may make any order, including an order of placement, that might have been made…

9:6-8.69. Release from responsibility under order of placement Those responsible for the operation of a place where a child has been placed under section 34 hereof may petition the court for leave to return the child to the court and, for good cause shown, to be released from res…

9:6-8.70. Appealable orders 50. Appealable orders. An appeal may be taken as of right from any final order of disposition and from any other final order made pursuant to this act. An appeal from a final order or decision in a case involving child abuse may be taken as of right to…

9:6-8.71. Appropriations There shall be appropriated from the general fund such funds as are necessary to implement the provisions and to effectuate the purposes of this act as shall be included in any general or supplemental appropriation act. L.1974, c. 119, s. 51, eff. Oct. 10…

9:6-8.72. Rules and regulations The division shall promulgate such rules and regulations that will facilitate compliance with this act. L.1974, c. 119, s. 52, eff. Oct. 10, 1974.

9:6-8.72a Rules, regulations. 8. The Commissioner of Education shall, in cooperation and consultation with the Commissioner of Children and Families, adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), concerning the …

9:6-8.73. Severability If any provision of this act or the application thereof to any person or circumstances is held to be invalid, the remainder of the act and application of such provision to other persons or circumstances shall not be affected thereby. L.1974, c. 119, s. 55, …