N.J. Admin. Code § 3A:17-2.5

Current through Register Vol. 56, No. 12, June 17, 2024

Section 3A:17-2.5 - Considerations in deciding whether or not to remove

(a) The Division representative shall consider the following points when deciding whether to remove a child in placement, in emergency and non-emergency situations:

1. The age of the child in placement;

2. The length of stay in this resource family home;

3. The relationship between the child in placement and the resource family;

4. The number and impact of prior moves on the child in placement;

5. The child's adjustment to the extended resource family and community;

6. The child's expressed wishes;

7. The resource family's history with the Division and of successful parenting;

8. The availability of support services to maintain the placement;

9. The willingness of the resource family and the child in placement to work to overcome problems;

10. The child's injuries for which neither the resource family nor the child in placement can offer a reasonable explanation;

11. The resource family's cooperation or lack of cooperation with any child abuse and neglect investigation;

12. The child's allegations of child abuse or neglect;

13. The child's immediate safety;

14. The child's risk of future harm; and

15. The location of the child's siblings and the ability to keep them together or reunite them or facilitate visits.

(b) A child in placement may be removed temporarily from a resource family home before or during a child abuse or neglect investigation for the child's safety and protection. If the Division representative makes a finding of unfounded (as defined in N.J.A.C. 3A:10-7.3(c)4), the Division representative shall use the criteria listed in (a) above to determine whether the child who has been removed will be returned to the resource family home.

N.J. Admin. Code § 3A:17-2.5

Amended by R.1998 d.64, effective 1/20/1998.
See: 29 N.J.R. 4275(a), 30 N.J.R. 492(b).
In (a), substituted references to children for references to abused or neglected children; and in (b), substituted "Division representative makes a finding of either not substantiated or unfounded (as defined in N.J.A.C. 10:129A-3.3)" for "allegation of child abuse or neglect is not substantiated".
Amended by R.2003 d.256, effective 7/7/2003.
See: 35 N.J.R. 532(a), 35 N.J.R. 2931(a).
In (a), inserted "representative" following "Division" in the introductory paragraph, added new 13 and 14, and recodified former 13 as 15; in (b), inserted "for the child's protection" at the end of the first sentence, inserted "representative" following "Division".
Amended by R.2009 d.6, effective 1/5/2009.
See: 40 N.J.R. 3935(a), 41 N.J.R. 256(a).
Deleted "foster" preceding "child" and "child's", inserted "in placement", and substituted "resource family" for "foster" and "resource" for "foster" throughout; and in (b), inserted "safety and", deleted "either not substantiated or" preceding "unfounded", and updated the N.J.A.C. reference.
Amended by R.2013 d.055, effective 4/1/2013.
See: 44 N.J.R. 357(a), 44 N.J.R. 2437(a), 45 N.J.R. 738(a).
In (b), updated the N.J.A.C. reference.