Notice - Proposed Amendments to Rule 5:12-4 – Protocol for Child Protection Complaints with Both Title 9 and Title 30 Allegations – Comments Requested by June 2, 2023

The Supreme Court invites written comments on proposed amendments to Rule 5: 12-4 ("Case Management Conference, Hearings, Trial, and Termination of Parental Rights Proceedings") to standardize the procedure for certain cases filed by the Division of Child Protection and Permanency (DCP&P), in particular, complaints that contain both Title 9 and Title 30 allegations.

In child protection (FN) proceedings, DCP&P often files a complaint that includes allegations both: ( 1) 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) that the parent has failed to provide for the safety of the child (without a child abuse allegation) pursuant to N.J.S.A. 30:4C-11 to -12 (Title 30). The proposed amendments to Rule 5: 12-4 would require the court in those instances to first resolve the more serious Title 9 allegation before proceeding with the Title 30 allegation. The recommended protocol would 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. LS., 214 N.J. 8, 39 (2013).

Please send any comments on the proposed amendments to Rule 5: 12-4 in writing by Friday, June 2, 2023 to:

Administrative Director Glenn A. Grant
Administrative Office of the Courts
Attn: Proposed Amendments to Court Rule 5:12-4
Hughes Justice Complex
P.O. Box 037
Trenton, New Jersey 08625-0037

Comments may also be submitted by email to: Comments.Mailbox@njcourts.gov.

The Supreme Court will not consider comments submitted anonymously.

Thus, those submitting comments by mail should include their name and address (and those submitting comments by email should include their name and e-mail address). Comments are subject to public disclosure upon receipt.