Rule 5:12-4.Case Management Conference, Hearings, Trial, and Termination of Parental Rights...

Last amended February 1, 2024 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:12-4 runs the Division case from return date to judgment — a case management conference within 30 days, private hearings, agency reports as prima facie evidence, a permanency hearing within 12 months, notice to the caregiver, and the procedure for termination trials.

Full Text of Rule 5:12-4

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k)

(a) Prompt Disposition; Case Management Conference; Adjournments. On the return date, the court shall proceed to hear the matter forthwith. In abuse and neglect cases, the court shall request that the parents or guardians at their first appearance in court provide identifying information regarding any persons who may serve as alternative placement resources to care for the children. As soon as the litigants have retained counsel or have chosen to proceed pro se and no later than 30 days from the return date, the court shall hold a case management conference or such other proceeding as may be appropriate, and shall enter any necessary order pertaining to the safety and well-being of the child and the conduct of the case, in the form prescribed by the Administrative Director of the Courts. Thereafter, the court may on its own motion or that of any party adjourn the matter from time to time as the interest of justice requires. The court may at any time enter such interim orders as the best interests of any child under its jurisdiction may require.

(b) Hearings in Private; Testimony of Child. Hearings and trials shall be conducted in private. In the child's best interests, the court may order that a child not be present at a hearing or trial unless the child's testimony is necessary for the determination of the matter. As to permanency hearings, however, the court shall accommodate the rights of the child as provided by N.J.S.A. 30:4C-61.2. The testimony of a child may, in the court's discretion, be taken privately in chambers or under such protective orders as the court may provide. A verbatim record shall be made of any in-chambers testimony or interview of a child.

(c) Examinations and Investigations. At any time during the pendency of the matter the court may order examinations and investigations pursuant to R. 5:3-3.

(d) Reports. The Division of Child Protection and Permanency (the “Division”) shall be permitted to submit into evidence, pursuant to N.J.R.E. 803(c)(6) and 801(d), reports by staff personnel or professional consultants. Conclusions drawn from the facts stated therein shall be treated as prima facie evidence, subject to rebuttal.

(e) Written Plan. Upon a finding of abuse or neglect the court may require that the Division of Child Protection and Permanency (the “Division”) file a written plan embodying the disposition terms proposed by the Division. When required to be filed, such plan shall be served upon all counsel or parties appearing pro se not less than 10 days prior to the dispositional hearing.

(f) Progress Reports. The court may, upon entry of an order of disposition, require that the Division of Child Protection and Permanency file with the court and serve upon all counsel or parties appearing pro se periodic progress reports at such intervals as the court shall require and covering such topics as the court shall designate.

(g) Foreign State Placement. In any case in which the court orders or plans to order that a child be placed with a person or agency or institution in another State, the District of Columbia, or the U.S. Virgin Islands, it shall act in compliance with the Interstate Compact on the Placement of Children, as adopted in New Jersey, N.J.S.A. 9:23-5 et seq. (the Compact). The Administrative Director of the Courts, in coordination with the Commissioner of the Department of Children and Families, as the duly designated public authority responsible for compliance with the Compact, may establish such guidelines and procedures as are necessary to ensure that all actions subject to the Compact are in compliance therewith.

(h) Permanency Hearing. A permanency hearing shall be held to provide review and court approval of the placement plan for each child in placement outside of his or her own home no later than 12 months after the child goes into such placement, or no later than 30 days after the court makes a determination that reasonable efforts to reunify the child with the family are not required, whichever is sooner. Any hearing or proceeding scheduled before the court may serve as a permanency hearing, provided that notice of that fact is given to all parties in advance.

(i) Notice of Proceedings to Care Giver. The court shall ensure that the foster parent or other person currently providing residential care to the child is given notice of all hearings and other proceedings to be held pursuant to L. 1999, c. 53. Such notice shall be sent by regular mail or hand-delivered no later than two weeks before the date of the hearing or other proceeding, except in emergent circumstances. The notice shall be in writing and shall inform the foster parent or other person providing care for the child of the date, time, and location of the hearing or other proceeding, and that he or she has a right to appear at that time to make a statement to the court of his or her views regarding the case and the interests of the child. The notice shall further state that, in accordance with law, such person is not made a party to the case and that he or she may not be permitted to be present in the courtroom except for purposes of making a statement to the court. The court, or the child placement review board acting on behalf of the court in a matter before it, may provide notice to any other interested person for good cause in the interest of the child.

(j) Termination of Parental Rights Proceedings: Exhibits. The following procedures shall apply to every termination of parental rights matter filed by the Division of Child Protection and Permanency:

(1) The Division shall submit to the court no later than 5 days before the start of the trial two hard copies of all trial exhibits.

(2) The Division shall append to its trial exhibits a completed evidence list in a form prescribed by the Administrative Director of the Courts.

(3) If authorized by the court, the Division may submit to the court no later than 5 days before the start of the trial its exhibits in an electronic format prescribed by the Administrative Director of the Courts.

(4) In the event that no appeal is filed, the court shall retain exhibits for a minimum of 90 days after the entry of the final judgment. Upon the filing of an appeal, the court shall retain the exhibits until the final disposition of the appeal.

(k) Complaints with Both Title 9 and Title 30 Allegations. When the Division of Child Protection and Permanency (DCP&P) files a complaint that includes allegations in a child protection matter under both Title 9 (N.J.S.A. 9:6-8.21 to -8.70) and Title 30 (N.J.S.A. 30:4C-11 to -12), the court shall conduct a fact-finding hearing and proceed as follows:

(1) If the fact-finding hearing establishes facts sufficient to sustain the Title 9 allegations, the court will enter an order finding that the child is an abused or neglected child and hold a disposition hearing and subsequent reviews. If the fact-finding hearing does not establish facts sufficient to sustain a complaint under Title 9, or if DCP&P withdraws the Title 9 matter, the court shall dismiss the Title 9 allegations.

(2) The court shall next apply the facts established at the fact-finding hearing to the Title 30 allegations and may consider any additional evidence as necessary relating to the Title 30 finding. If facts sufficient to sustain the Title 30 allegations are established, the court will order appropriate relief pursuant to the statute. If facts sufficient to sustain a complaint under Title 30 are not established, the court shall dismiss the Title 30 allegations immediately.

(3) If all Title 9 and Title 30 allegations are dismissed, the entire complaint shall be dismissed immediately.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.

Note: Source-R. (1969) 5:7A-4. Adopted December 20, 1983, to be effective December 31, 1983; paragraphs (e) and (f) adopted November 5, 1986 to be effective January 1, 1987; paragraphs (a) and (b) amended July 13, 1994 to be effective September 1, 1994; paragraphs (a) and (b) amended June 28, 1996 to be effective September 1, 1996; paragraph (g) adopted July 10, 1998 to be effective September 1, 1998; new paragraphs (h) and (i) adopted July 5, 2000 to be effective September 5, 2000; paragraph (a) amended July 28, 2004 to be effective September 1, 2004; note that Appendix X-A previously referenced in paragraph (a) also deleted July 28, 2004 to be effective September 1, 2004; paragraph (d) amended, and captions added to paragraphs (e), (f), and (g) June 15, 2007 to be effective September 1, 2007; paragraph (g) amended July 16, 2009 to be effective September 1, 2009; caption amended, new paragraph (j) adopted June 26, 2012 to be effective September 4, 2012; effective date of June 26, 2012 amendments changed to November 5, 2012 by order of August 20, 2012; paragraphs (d), (e), (f) and (j) amended July 9, 2013 to be effective September 1, 2013; paragraph (b) amended July 27, 2015 to be effective September 1, 2015; new paragraph (k) adopted January 4, 2024 to be effective February 1, 2024.

Plain-English Summary

The court hears the matter forthwith on the return date, and in abuse and neglect cases asks the parents at their first appearance to identify anyone who might serve as an alternative placement resource — a question asked early because answering it late costs the child a placement with family. A case management conference follows as soon as the parties have counsel or have chosen to proceed on their own, and no later than 30 days from the return date.

Hearings and trials are conducted in private. The court may keep a child out unless their testimony is necessary, must accommodate the child's statutory rights at a permanency hearing, and may take a child's testimony in chambers or under protective orders — with a verbatim record of any in-chambers testimony. The Division may put in reports by its staff and professional consultants under the business records and party-admission rules, and conclusions drawn from the facts in them are prima facie evidence, subject to rebuttal.

Two deadlines shape the case. Where a written plan is required after a finding of abuse or neglect, it is served not less than 10 days before the dispositional hearing. And a permanency hearing must review and approve the placement plan for every child placed outside the home no later than 12 months after placement, or 30 days after the court finds reunification efforts are not required, whichever comes sooner. The foster parent or other current caregiver gets written notice of every hearing, by mail or hand delivery, no later than two weeks beforehand — telling them they may appear to state their views, and equally that they are not a party and may not otherwise be present.

Termination trials have their own exhibit rules: two hard copies of all trial exhibits to the court no later than 5 days before trial, with a completed evidence list appended, electronic submission on the same timetable if the court authorises it, and retention of exhibits for at least 90 days after final judgment — or until an appeal is finally decided. Where a complaint pleads both Title 9 and Title 30 allegations, the court holds a fact-finding hearing and works through them in order, dismissing what is not established and dismissing the whole complaint if nothing is.

Frequently Asked Questions

When is the first case management conference in a Division case?

As soon as the litigants have retained counsel or chosen to proceed pro se, and no later than 30 days from the return date.

When is a permanency hearing held?

No later than 12 months after the child goes into placement outside the home, or no later than 30 days after the court determines that reasonable efforts to reunify are not required, whichever is sooner.

Does a foster parent get notice of hearings?

Yes. Notice is sent by regular mail or hand-delivered no later than two weeks before the hearing, except in emergent circumstances, informing them of the date, time and place and of their right to appear and make a statement — while also stating that they are not a party.

Are the Division's reports evidence?

The Division may submit reports by staff personnel or professional consultants under the business-records and party-admission rules, and conclusions drawn from the facts stated in them are treated as prima facie evidence, subject to rebuttal.

When are termination trial exhibits due?

No later than 5 days before the start of trial — two hard copies, with a completed evidence list appended.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court, Part V (N.J. Ct. R. 5:12-4). Prescribed by the Supreme Court of New Jersey. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: permanency hearingfact-finding hearingdispositional hearingabuse and neglect trialTitle 30foster parent noticetermination of parental rights trial