N.J. Admin. Code § 3A:5-3.1

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

Section 3A:5-3.1 - When to hold a dispositional review

(a) When preliminary efforts described in N.J.A.C. 3A:5-2.4 have been declined by the appellant or have failed to resolve an issue and an appellant requests a dispositional review, and when the request is made in accordance with N.J.A.C. 3A:5-2.5, the Division shall provide a dispositional review with:

1. A service provider who disagrees with a status issue;

2. A resource parent who disagrees with the removal of a child receiving foster care in his or her resource home when the child has been residing with the resource parent for at least six months, except when:

i. The child is not being returned to a birth parent or relative;

ii. The child is not being united or reunited with siblings for whom the resource parent cannot or will not provide a home;

iii. The child is not being moved from a temporary placement to a permanent adoptive placement;

iv. The child has not been removed from a resource home pending the completion of an IAIU child abuse and neglect investigation; or

v. The resource parent or household member has a finding of substantiated abuse or neglect in accordance with N.J.A.C. 3A:10-7.3;

3. A resource parent who disagrees with the removal of a child who has been in the home continuously for six months or more for the purpose of finalizing an adoption;

4. A resource parent of one child in a sibling group who disagrees with the placement of a sibling with a separate resource family for either foster care or adoption consistent with N.J.S.A. 9:6B-4d; and

5. A resource parent who disagrees with the re-placement of a child needing foster care in another resource home consistent with N.J.S.A. 30:4C-53.3c(5).

(b) A relative does not have a right to appeal, as a status issue, a Division action that it is not in a child's best interest to be placed with a relative. A relative can appeal a Division action that the relative is either unwilling or unable to care for a child.

N.J. Admin. Code § 3A:5-3.1

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).
Deleted former (a)1 and (a)2; recodified former (a)3 through (a)7 as (a)1 through (a)5; rewrote (a)2; in (a)3, substituted "A resource" for "An adoptive"; in (a)4, substituted "resource" for "a foster or adoptive", "with" for "in" following "sibling" and "resource family for either foster care or adoption" for "foster or adoptive home", and inserted "and" at the end; in (a)5, substituted "resource" for "foster" preceding both "parent" and "home" throughout, deleted "foster" preceding "child", inserted "needing foster care" and substituted a period for "; and" at the end; deleted (a)8; and added (b).
Amended by R.2012 d.015, effective 2/6/2012.
See: 42 N.J.R. 3034(a), 44 N.J.R. 263(a).
In (a)2v, 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 (a)2v, updated the N.J.A.C. reference.