N.J. Admin. Code § 3A:13-3.4

Current through Register Vol. 56, No. 23, December 2, 2024

Section 3A:13-3.4 - Determination of whether out-of-home placement or care provided by a relative should continue

(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.

N.J. Admin. Code § 3A:13-3.4

Recodified from N.J.A.C. 10:133H-3.5 and amended by R.1999 d.338, effective 10/4/1999.
See: 31 N.J.R. 1793(a), 31 N.J.R. 2888(a).
In the section heading and throughout the section, inserted "or care provided by a relative", in (a), inserted 1, renumbered former 1 to 7 as 2 to 8, in 3, substituted "reasonable efforts" for "every effort", and in 8, inserted "the child should be placed with any of his or her siblings and what". Former N.J.A.C. 10:133H-3.4, Purpose of the placement review, recodified to N.J.A.C. 10:133H-3.3.
Amended by R.2009 d.318, effective 10/19/2009.
See: 41 N.J.R. 1929(a), 41 N.J.R. 3930(b).
In (a)3, updated the N.J.A.C. reference.