New Jersey Administrative Code
Title 3A - CHILDREN AND FAMILIES
Chapter 5 - DISPUTE RESOLUTION
Subchapter 3 - DISPOSITIONAL REVIEW
Section 3A:5-3.1 - When to hold a dispositional review
Universal Citation: NJ Admin Code 3A:5-3.1
Current through Register Vol. 56, No. 18, September 16, 2024
(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.
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