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NJ DCF Logo with reverse copy

 

New Jersey Department of Children and Families Policy Manual

 

Manual:

CP&P

Child Protection and Permanency

Effective

Date:

Volume:

IV

Out of Home Placement

Chapter:

E

Residential Placement

8-30-1993

Subchapter:

1

Residential Placement

Issuance:

300

Court Ordered Placement

 

 

Referrals from the Court              8-30-93

 

The court may order adjudicated juvenile delinquents or children with a Juvenile-Family Crisis into the care of CP&P, but it may not direct or specify the service to be provided, i.e., residential placement.  If the court persists in ordering residential placement the Worker considers the directive a referral which, like any other referral, he is "bound to consider and bound to meet unless/until he advises the court otherwise and the order is either stayed or vacated."  The Supervisor advises the Deputy Attorney General of the possibility of a disagreement with the court's directive.  No child can be "ordered" into any non-correctional facility.

 

Assessment                         8-30-93

 

As in every referral for services, the Worker assesses the child's situation and obtains all pertinent history and evaluations necessary for the formulation of a case plan independent of the court.  See CP&P-III-C-6-100.  After completing the assessment, the Worker notifies the court in writing of the case plan, reason for the case plan, and the date the case plan is to be implemented.  If the case plan concurs with the court's referral, the Worker implements the case plan as soon as possible.  If the case plan is different from the court's order, the Worker advises the court in writing giving a full description of the case plan, reasons for it, and states specifically the date the case plan will take effect unless otherwise directed by the court.

 

Appeals                                 8-30-93

 

If the court is still not in agreement with the CP&P case plan and continues to order residential care, the court's directive is binding unless it is vacated or modified or stayed pending appeal.  Consult with the appropriate DAG regarding any action to be taken.  Pending and during an appeal, the Worker must comply with the court order.

 

 

Procedures Related to Referrals from the Court-Agreement with CP&P Case Plan                           8-30-93

 

RESPONSIBILITY

ACTION REQUIRED

Worker

 

1.  Consider court's directive to place a

     child residentially as a referral for

     service.

 

Worker/Supervisor

 

2.  Discuss the case situation.

 

Worker

3.  Complete assessment of the

     child's situation, obtaining a social

     history and all evaluations

     necessary for formulating an

     independent case plan.

 

Worker/Supervisor

4.  Advise the court in writing of the

     case plan and specify the date the

     case plan will take effect unless

     otherwise directed by the court.

 

Court

5.   Concur with the CP&P case plan

      and advise Worker.

 

Worker

6.   Implement the plan as soon as

      possible.

 

 

7.   Document assessment and case

      plan in the child's case record.

 

 

Procedures Related to Referrals from the Court-Disagreement with CP&P Case Plan                     8-30-93

 

RESPONSIBILITY

ACTION REQUIRED

Worker

1.  Consider court's directive to place a

     child residentially as a referral for

     service.

 

Worker/Supervisor

2.  Discuss the case situation.

 

Worker

3.  Complete assessment of the

     child's situation, obtaining a social

     history and all evaluations

     necessary for formulating an

     independent case plan.

 

Worker/Supervisor

4.  Advise the court in writing of the

     case plan and specify the date the

     case plan will take effect, unless

     otherwise directed by the court.

 

Court

5.  Do not concur with the case plan

     and advise the Worker.

 

Worker

6.  Implement the court's original

     directive.

 

Worker/Supervisor

7.  Discuss case situation and

     determine that appellate relief is

     necessary.

Supervisor

8.  Notify the D.A.G. of the request to

     appeal the court's order, including

     the reasons for the decision and the

     alternative plan.

 

 

9.  Document assessment and case

     plan in the child's case record.