N.J. Admin. Code § 3A:13-3.7

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

Section 3A:13-3.7 - Convening and conducting the Division placement review

(a) The Division placement review shall be convened and conducted by a Division representative, as defined in N.J.A.C. 3A:11-1.3, who has no responsibility for case management or delivery of service to the child who is the subject of the placement review or to the child's parent.

(b) Division representatives who participate in the Division placement review shall include the designated Division representative who conducts the placement review, the Division representative having direct service responsibility for the child, and that Division representative's supervisor. The Division representative for the parent of the child being reviewed and for each of the child's siblings shall also be present at the placement review or submit information about the parent's or sibling's situation or circumstances to the Division representative conducting the placement review.

(c) The Division representative conducting the placement review shall ensure that the following are assessed or determined at the placement review:

1. The safety of the child;

2. The circumstances that necessitated the out-of-home placement or care provided by a relative and the efforts made by the Division to prevent out-of-home placement or care provided by a relative unless the circumstances in N.J.A.C. 3A:13-3.3(a)3 apply;

3. The continuing need for out-of-home placement or care provided by a relative;

4. The appropriateness of the out-of-home placement or care provided by a relative;

5. The proximity of the child's out-of-home placement or care provided by a relative to his or her own home and the efforts made by the Division to provide continued contact between the child, parent, siblings not residing with the child and each relative identified in the case plan, as one with whom the child shall visit;

6. Whether the child is making an adequate adjustment to the out-of-home placement or care provided by a relative, as indicated by the child's behavior;

7. Whether returning the child to his or her own home is contrary to the child's welfare;

8. The current objectives of the case plan, the extent of compliance with the case plan, and whether the objectives are being implemented and are likely to lead to achieving the case goal;

9. Whether the child's case goal is the most likely to meet his or her needs and whether progress is being made toward its achievement;

10. Whether the services the Division is providing to the child, his or her parent, and the out-of-home placement provider or relative providing care for the child meet the identified service needs and whether there are obstacles to meeting the identified service needs;

11. Whether the Division, parent and out-of-home placement provider or relative providing care for the child are fulfilling their respective responsibilities in accordance with the case plan;

12. Whether the child is fulfilling any responsibilities in accordance with the case plan;

13. The extent of progress made toward alleviating or mitigating the causes of out-of-home placement or care provided by a relative unless the circumstances in N.J.A.C. 3A:13-3.3(a)3 apply;

14. Whether the parent and the Division are maintaining the visitation schedule;

15. Whether obstacles exist that are preventing achievement of the case goal and the efforts being made by the Division to alleviate the obstacles;

16. Whether the services needed to assist the child, age 16 or over, to make the transition from living in an out-of-home placement or care provided by a relative to living independently are being provided;

17. Whether progress is being made to identify, search for, and assess relatives of the child in order to determine their appropriateness and willingness to care for the child;

18. Whether the child has siblings in out-of-home placement or care provided by a relative, what the case plan and case goal are for each of them, whether the case plan includes placing any of the siblings together, and what efforts the Division is making to place the siblings together until they can be reunited with their parent;

19. Whether recommendations by the Child Placement Review Board or court orders are being followed;

20. The time frame and conditions required for return of the child to his or her own home or an alternate permanent living arrangement;

21. Whether the Division shall initiate a petition to terminate parental rights or shall determine that one of the exceptions listed in N.J.S.A. 30:4C-15.3 exists; and

22. Whether to identify an adoptive parent and conduct a home study as necessary.

(d) The Division shall inform the parent, in accordance with N.J.A.C. 3A:12-1.8(b), the child, if appropriate, and the Child Placement Review Board of the outcome of the Division's placement review, except that those persons cited in N.J.A.C. 3A:13-3.6(a)2 and 6 and (b) may receive only that information from the placement review, which has a direct effect on the care or services being provided by that person or professional. The Division shall inform legal counsel for the child, the parent or the Division of the outcome of the placement review upon the request of each legal counsel.

(e) The Division representative who conducts the placement review shall share the outcomes of the placement review and other critical case information learned at the placement review with each Division representative who has a responsibility to have the information, following the placement review.

N.J. Admin. Code § 3A:13-3.7

Recodified from N.J.A.C. 10:133H-3.8 and amended by R.1999 d.338, effective 10/4/1999.
See: 31 N.J.R. 1793(a), 31 N.J.R. 2888(a).
Rewrote the section. Former N.J.A.C. 10:133H-3.7, Notice of Division placement review, recodified to N.J.A.C. 10:133H-3.6.
Amended by R.2005 d.95, effective 3/21/2005.
See: 36 N.J.R. 4203(a), 37 N.J.R. 902(a).
In (c), substituted "N.J.S.A. 30:4C-15.3" for " section 31 of P.L. 1999, c. 53 " in 21.
Amended by R.2009 d.318, effective 10/19/2009.
See: 41 N.J.R. 1929(a), 41 N.J.R. 3930(b).
In (d), substituted "1.8(b)" for "2.8(b)" and "and (b)" for "and 3.6(b)", and inserted a comma following the second occurrence of "review".