N.J. Admin. Code § 3A:5-1.2

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

Section 3A:5-1.2 - Scope

(a) These rules describe the preliminary efforts provided by the Division to resolve disputes regarding:

1. Services provided by or through the local offices;

2. A finding of substantiated child abuse or neglect made by the Division or the Office of the Public Defender acting as the Division's agent in conflict matters in child protective service investigations; and

3. Status issues for service providers of the Division pursuant to N.J.S.A. 30:4C-12.1, and in accordance with N.J.A.C. 3A:20.

(b) These rules describe the informal procedures available to resolve disputes through the Division's dispositional reviews.

(c) These rules also describe the procedures for requesting formal resolution through the OAL for contested and uncontested matters, in accordance with N.J.A.C. 1:1.

(d) An issue related to the denial, suspension, conditional approval, revocation or closure of an agency or program licensed, certified or approved by the Office of Licensing, Department of Children and Families, may be appealed in accordance with N.J.A.C. 3A:50-2.3 and 2.4, 3A:52-2.5, 3A:51-2.4(d) and 2.5, 3A:53-1.6, 3A:54-5.8, 3A:55-2.4 or 3A:56-2.4 and, consequently, are not covered by these rules.

(e) These rules do not govern employee personnel matters.

(f) These rules do not govern issues that are before, or have been resolved by, a trial court with jurisdiction over the matter under dispute.

(g) These rules do not govern questions of fact relating to contractual activities.

(h) These rules do not govern across the board service reductions or terminations that are the result of reductions in Federal or State funding.

N.J. Admin. Code § 3A:5-1.2

Amended by R.2003 d.274, effective 7/7/2003.
See: 34 N.J.R. 2768(a), 35 N.J.R. 2915(b).
Rewrote the section.
Amended by R.2009 d.17, effective 1/5/2009.
See: 40 N.J.R. 3917(a), 41 N.J.R. 242(a).
In the introductory paragraph of (a), substituted "efforts" for "and informal procedures"; in (a)1, substituted "local offices" for "Division's District Offices and Adoption Resource Centers"; in (a)3 deleted "10:121A-5.6, 10:122B, 10:122C, 10:122E, and" following "N.J.A.C."; added new (b); recodified former (b) through (g) as (c) through (h); in (d), substituted "Office" for "Bureau" and "Department of Children and Families" for "Division of Youth and Family Services" and inserted "10:122C-2.4(d) and 2.5,"; and rewrote (g).