N.J. Admin. Code § 3A:15-1.15

Current through Register Vol. 56, No. 9, May 6, 2024

Section 3A:15-1.15 - Reasons to limit visits

(a) A reduction to the visitation schedule may be made for any of the following reasons:

1. The visit will be physically or psychologically harmful to the child even with supervision. This determination shall be based on:

i. A Division representative's direct observation of harm or potential harm;

ii. A report of harm to the Division in which the harm has been verified by a Division representative;

iii. A mental health therapist's recommendations;

iv. A pending or ongoing Division investigation of allegations that the child has been harmed by the visitor; or

v. The child's report of a harmful or potentially harmful situation;

2. The child requests limited visits when the case goal is not reunification, whether or not the visits are seen as harmful;

3. The parent requests limited or no visits despite the Division's efforts to explain the importance of visiting and the Division's offer to assist in arranging the visits;

4. The parent chronically misses scheduled visits despite the Division's efforts to advise of the importance of attending visits for the parent and the child;

5. A court order, including one that terminated parental rights, which prohibits visits or specifies a different schedule of visits; or

6. The visitor appears to be under the influence of drugs or alcohol.

(b) A supervisor shall review and approve or disapprove any reduction in the frequency or duration of visits, in accordance with any applicable court order.

(c) The Division representative shall inform the parent, child, and any other affected person in writing of the reason for the reduction.

(d) The Division representative shall assist the family or other parties to eliminate the causes for the limitation of visits when the conditions can be changed in order to increase the visits.

N.J. Admin. Code § 3A:15-1.15

Amended by R.1998 d.63, effective 1/20/1998.
See: 29 N.J.R. 4273(a), 30 N.J.R. 492(a).
Amended by R.2009 d.5, effective 1/5/2009.
See: 40 N.J.R. 3930(a), 41 N.J.R. 250(a).
In the introductory paragraph of (a)1, and in (a)1iv, (a)2, (a)4 and (c), deleted "foster" preceding "child"; in (a)1v, deleted "foster" preceding "child's"; in (a)2, substituted "reunification" for "return home or permanency with a relative or family friend"; in (a)4, deleted "or" from the end; in (a)5, inserted ", including one that terminated parental rights, which" and substituted "; or" for a period at the end; added (a)6; in (b), inserted ", in accordance with any applicable court order"; and in (d), inserted "representative".