Directive #06-25 - Civil Commitments -- Revised Protocol for Applications Pursuant to N.J.S.A. 30:4-27.9a (Continued Holds) (Supersedes Directive #01-24)

This Directive promulgates revisions to the protocol for filing an emergent application to the court for a temporary order for the continued hold of a patient in civil commitment matters and is based on recent amendments to N.J.S.A. 30:4-27.9a. This Directive supersedes Administrative Directive #01-24 and the supplement to that directive dated April 24, 2024. The revised protocol is set forth below and is effective immediately.

N.J.S.A. 30:4-27.9a allows a general hospital (rather than a psychiatric hospital) or an emergency department within a general hospital to submit emergent applications to the court for a temporary court order permitting the continued hold of an individual for up to an additional 72 hours beyond the initial 72-hour period typically allowed in civil commitment matters.

On July 22, 2025 , L. 2025, c. 108 was signed into law and became effective immediately. That enactment amended N.J.S.A. 30:4-27.9a in several ways related to the continued hold of civil commitment patients, including the following:

• The entities allowed to apply for orders for continued hold are expanded to include Designated Screening Service providers m addition to general hospitals and emergency departments.
• The time period during which orders for continued hold may be applied for was extended to August 31, 2026 (from August 31, 2025).
• Patients are now allowed, through counsel, to consent to a continued hold.
• The court must appoint the Office of the Public Defender (OPD) to represent the patient if there is no other designated counsel. Other designated counsel is appointed in certain counties (Bergen, Middlesex, and Passaic) where the OPD does not represent patients in these matters.
• The court is now required to conduct a hearing on the application, when so requested by counsel.
• The court shall not issue a temporary order granting the continued hold of a patient unless the patient's counsel has been designated and has been notified of the application, has completed any necessary investigations and interviews with the patient, and has informed the court as to counsel's position on the extended hold.

Accordingly, the revised protocol for filing applications pursuant to N.J.S.A. 30:4-27.9a with the court, reflecting the July 2025 amendments to the statute, is as follows:

1. All applications pursuant to N.J.S.A. 30:4-27.9a should be filed with the court using encrypted e-mail to ensure confidentiality. Guidance on sending encrypted e-mail using Microsoft Outlook and a spreadsheet identifying where applications should be filed can be found in Attachments A and B, respectively.
    
2. Applications pursuant to N.J.S.A. 30:4-27.9a should include the following items:
   1. Application;
   2. Proposed Order Appointing Counsel (Attachment C);
   3. Screening Document;
   4. Screening Certificate;
   5. Clinical Certificate (Attachment D);
   6. Certification of Efforts to Find a Bed (Attachment E); and
   7. Proposed Revised Temporary Order for Continued Hold (Attachment F).
       
3. The hospital or Designated Screening Service provider will file any such applications as soon as it is determined to be necessary, copying the OPD and counsel for the patient, if the patient has other designated counsel, simultaneously on the first filing with the court. The hospital or Designated Screening Service provider must provide the patient's attorney with notice of each step of the emergent application thereafter. The hospital or Designated Screening Service provider should also provide a copy of the application and any orders entered to the applicable County Adjuster's Office and County Counsel. The hospital or Designated Screening Service provider must notify the court and the patient's attorney if a bed was located for the patient and the application is withdrawn.
    
4. The court shall enter an order appointing counsel for the patient and allowing counsel prompt access to the patient and the patient's medical records. The OPD must be appointed as counsel for the patient, if there is no other designated counsel for the patient. See Attachment C.
    
5. The court shall conduct a hearing in a reasonable time period if requested by counsel. If counsel does not request a hearing, the court in its discretion can decide the application on the papers or conduct a hearing. If a hearing is conducted, the court shall determine whether to hold that hearing in person or virtually based on the apparent complexity of the matter and the extent of doubt as to the merits of the application. The court shall grant or deny a Temporary Order Regarding Continued Hold of the patient following its decision on the application. However, the court shall not grant a Temporary Order Regarding Continued Hold of a person unless the person's counsel has been designated and notified of the application, completed any necessary interviews with the patient and investigations, and informed the court of the counsel's position on the extended hold application. See Attachment F.
    
6. After the hospital or Designated Screening Service provider has located an inpatient treatment facility for the patient and transported the patient to that facility, the receiving facility will apply to the court for a Temporary Order for Involuntary Commitment To Treatment Of An Adult (Inpatient Treatment). This application will inform the Court whether the hospital was granted a continued hold of patient or whether the patient, through the patient's counsel, had consented to a continued hold. See Attachment G.

Assignment Judges are asked to provide copies of this Directive to those judges handling civil commitments.

Questions related to this Directive should be directed to the Civil Practice Division in the Administrative Office of the Courts at (609) 815-2900 x54900 or by email to CivilWebSites.Mailbox@njcourts.gov .