N.J. Admin. Code § 3A:10-5.3

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

Section 3A:10-5.3 - Response by prosecutors

(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.

(c) After investigating a case, the prosecutor shall determine whether criminal prosecution must be undertaken. He or she should confer with the child protective investigator in making this determination and will advise the child protective investigator of his or her decision.

N.J. Admin. Code § 3A:10-5.3

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

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