Rule 5:12-1 - Notices Regarding Placement of a Child; Form and Contents of Complaint(a)Notices Regarding Placement of a Child. If the Division of Child Protection and Permanency ("Division") has removed a child from the home, the Division shall file with the court a notice of placement and a notice of change pursuant to subparagraphs (a)(1) and (a)(2) of this rule.(1)Notice of Placement of Child.The Division shall provide the court with a separate notice of placement referenced in R. 5:13-3, which shall be captioned "In the matter of ____________, a minor." The notice of placement shall contain the following information: (C) the child's date of birth,(F) the participant number assigned to the child by the Department of Children and Families ("DCF"),(G) the case number assigned to the family by DCF,(H) the authority for placement,(I) the child's date of placement,(J) whether the placement is a repeat placement,(K) the type of placement,(L) the current case goal,(M) the reasons for placement,(N) the name and identification number of the Division local office,(O) the name of the Division caseworker assigned to the case,(P) the name of the Division supervisor assigned to the case,(Q) the names, addresses, telephone numbers and relationship to the child of the parents or guardian, siblings, current caregiver, and any other persons or agencies that have an interest in, or information relating to, the welfare of the child, and(R) the reasonable efforts that the Division has made, services offered and services provided to prevent the child's placement, or information about the specific exception to make reasonable efforts to prevent the child's placement.(2)Notice of Change.The Division shall provide the court with a notice of change, which shall contain the child's name, the court's FC docket number, the child's DCF participant number and the family's DCF case number, the name and identification number of the Division local office, the name of the Division caseworker assigned to the case, and the name of the Division supervisor assigned to the case. The notice of change also shall identify the information that has been updated, such as:(A) if the county of venue has changed,(B) if the child remains in the custody of the current caregiver, the caregiver's change of address and its effective date,(C) if there is a change in caregiver, the new caregiver's name, address, telephone number, the type of placement and the effective date of that change,(D) if there has been a change of local office, the name and identification number of the new Division local office, the name of the new Division caseworker assigned to the case, the name of the new Division supervisor assigned to the case, and the effective date of that change,(E) if either or both parents have changed their addresses or telephone numbers,(F) if the current case goal has changed to a new case goal,(G) if it is the end of a current placement and the reason, and(H) if the child is being discharged from the Division's placement and the reason.(3)Confidentiality of Notices.The notice of placement and notice of change shall be treated as confidential in the interest of the child and shall only be provided to the court.(A) The Division shall provide to the law guardian assigned to represent the child a separate confidential statement of the placement, including the temporary caregiver's name, address, telephone number and relationship to the child, and any notice of change regarding the placement.(B) On notice to all other parties, any party may request from the court the notice of placement or notice of change of placement information. The release of the notice or the information contained in it shall be made in the court's discretion. The identity and the address of the caregiver shall remain confidential and shall not be disclosed to any defendant, except for defense counsel, who shall not disclose it to any defendant. (4) The notice of placement and notice of change shall be filed electronically through a method determined jointly by the Commissioner ofChildren and Families and the Administrative Director of the Courts. Only a Division caseworker may enter information into DCF's case management system, and it is that information that will be transmitted to the court. Therefore, such electronic filing shall satisfy the certification requirement set forth in R. 1:4-4(b) and will not require a DCF employee to provide a signed certification.(b)Form and Contents of Complaint. All matters brought by the State of New Jersey, Division of Child Protection and Permanency (the "Division"), pursuant to N.J.S.A. 30:4C-1 et seq. or N.J.S.A. 9:6-8.21 et seq., shall be brought pursuant to R. 4:67 by complaint entitled in the name or names of the child or children, if known. No formal answer need be filed. The complaint shall allege (1) the name, age, and birthplace of the child in whose name the action is brought, (2) the names of the natural parents of the child, if known, (3) the names and relationship of those having custody of the child at the time the action is brought, if different from the natural parents, (4) a brief statement of the facts upon which the complainant relies, and (5) the exact nature of the relief which the complainant seeks and the statutes relied upon.(c)Signature. The complaint shall be signed by the Attorney General or a designee, except in emergent matters, where the complaint may be signed by the Director of the Division of Child Protection and Permanency, or a designee.(d)Emergent Relief. Temporary or preliminary relief may issue pursuant to R. 4:52-1(a). If it appears from specific facts shown by affidavit or verified complaint that the child/children's life, safety, or health will be in imminent danger before notice can be given or a hearing can be held, temporary relief may issue ex parte. The Division of Child Protection and Permanency shall make reasonable efforts to provide notice to all parties prior to making any application for temporary relief under this rule. Temporary or preliminary relief may issue on a finding that there is reasonable cause to believe a child has been subjected to or will be at risk of abuse or neglect absent such relief; provided, however, that an order for temporary removal of a child may issue only on a finding that the applicable statutory requirements of N.J.S.A. 9:6-8.28 or 9:6-8.29 have been met.(e)Supporting Documents. All relevant reports of the Division of Child Protection and Permanency ("the Division") and any other reports of experts or other documents upon which the Division intends to rely shall be provided to the court and to counsel for all parties on the first return date of the Order to Show Cause, if then available, or as soon as practicable after they become available. The Division's case file shall also be available for inspection to the attorneys for the parties without court order. All other discovery by any party shall be permitted only by leave of court for good cause shown.(f)Testimony. In the court's discretion, oral testimony may be taken at any stage of the proceeding at which non-consensual relief is being considered. In deciding whether to require oral testimony, the court shall determine whether there are material facts in dispute and whether the required findings can be made by a preponderance of the evidence based on reliable and relevant documents that all parties have had a full and fair opportunity to challenge. The court may rely on previous findings made in the same case, but only if the findings are based on competent evidence that has been subjected to review through cross-examination and confrontation by opposing parties, including affording them an opportunity to rebut the evidence with their own submissions.Source-R. (1969) 5:7A-1(a)(b). Adopted December 20, 1983, to be effective 12/31/1983; paragraph (b) amended July 13, 1994 to be effective 9/1/1994; paragraph (a) amended and paragraph (c) adopted June 28, 1996 to be effective 9/1/1996; paragraphs (b) and (c) redesignated as paragraphs (c) and (d), and new paragraph (b) adopted July 5, 2000 to be effective 9/5/2000; paragraphs (a) and (b) amended, paragraph (c) caption and text amended, new paragraph (d) adopted, former paragraph (d) redesignated as paragraph (e), and new paragraph (f) adopted July 28, 2004 to be effective 9/1/2004; R. 5:12 caption amended, caption amended, new paragraph (a) caption and text adopted, former paragraph (a) redesignated as paragraph (b) and caption and text amended, former paragraph (b) deleted, and paragraphs (c), (d), (e) amended July 9, 2013 to be effective 9/1/2013.