N.J. Admin. Code § 3A:21-2.2

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

Section 3A:21-2.2 - Exceptions to termination of parental rights criteria

(a) Whereas adoption is the preferred permanency alternative for a child who cannot safely return to the care of either biological parent, the Division may decide not to file for termination of parental rights when adoption of the child is neither feasible nor likely.

(b) The Division representative is not required to file for termination of parental rights if the case circumstances meet at least one of the following three exceptions set forth in N.J.S.A. 30:4C-15.3:

1. The child is being cared for by a relative and a permanent plan for the child can be achieved without termination of parental rights;

2. The Division representative has documented in the case plan, which shall be available for court review, a compelling reason for determining that filing the petition would not be in the best interests of the child; or

3. The Division representative is required to provide reasonable efforts to reunify the family but the Division representative has not provided to the family of the child, consistent with the time period in the case plan, such services as the Division representative deems necessary for the safe return of the child to his or her home.

(c) The Division representative shall document in the case plan the details of the case circumstances meeting the requirements for an exception in (a) or (b) above. The documentation shall include the reasons why adoption is neither feasible nor likely for this child, and is not the most appropriate case goal for this child when the exception is made pursuant to N.J.S.A. 30:4C-15.3b.

N.J. Admin. Code § 3A:21-2.2

New Rule, R.2003 d.39, effective 1/21/2003.
See: 34 N.J.R. 1241(a), 35 N.J.R. 405(b).
Former N.J.A.C. 10:133J-2.2, Voluntary or involuntary termination of parental rights, recodified to N.J.A.C. 10:133J-2.1(d).
Amended by R.2008 d.191, effective 7/21/2008.
See: 40 N.J.R. 587(a), 40 N.J.R. 4320(c).
Added new (a); recodified former (a) as (b); deleted former (b); in the introductory paragraph of (b) and in (b)2 and throughout (b)3, inserted "representative"; and in (c), substituted "for an exception in (a) or (b)" for "of N.J.S.A. 30:4C-15.3 and (a)", inserted "neither feasible nor likely for this child, and is" and deleted "and (a)2 above" from the end.