Child Protection -- Protocol for Complaints that Contain Both Allegations of Abuse or Neglect and a Request for Relief that the Child be Placed in the Care and Supervision or Custody of the Division of Child Protection and Permanency Without a Child Abuse

The Supreme Court has amended Rule 5: 12-4 ("Case Management Conference, Hearings, Trial, and Termination of Parental Rights Proceedings") so as to standardize the procedure for certain cases filed by the Division of Child Protection and Permanency (DCP&P). The Court's January 5, 2024 Order is attached.

The rule amendments affect child protection cases in which DCP&P files a complaint that includes both: ( 1) allegations that the parent has abused or neglected a child pursuant to N.J.S.A. 9:6-8.21 to -8.70 (Title 9); and (2) a request for relief that the child be placed under the care and supervision or custody ofDCP&P without a child abuse finding pursuant to N.J.S.A. 30:4Cl l to -12 (Title 30). Effective February 1, 2024, courts in such cases will be required to first resolve the more serious Title 9 allegations before proceeding with the Title 30 reliefs.

The amendments to Rule 5: 12-4 are intended to support consistency for children involved in child protection proceedings and to align with the "legislative disinclination to keep an open-ended abuse and neglect action hanging over a parent's head." Div. of Youth and Family Services v. I.S., 214 N.J. 8, 39 (2013).

Questions on the Court's January 4, 2024 Order should be addressed to the AOC Family Practice Division at 609-815-2900, ext. 55350.