N.J. Admin. Code § 3A:10-5.2

Current through Register Vol. 56, No. 11, June 3, 2024

Section 3A:10-5.2 - Department recommendations to prosecutors

(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.

Administrative Change, 49 N.J.R. 98a.

Amended by 51 N.J.R. 825(b), effective 6/3/2019