Rule 5:13-4.Voluntary Placement; Initial Court Determination

Last amended September 1, 2013 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:13-4 requires the court to make an initial determination within 15 days of a voluntary placement notice, including whether reasonable efforts were made to prevent the placement.

Full Text of Rule 5:13-4

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The court, within 15 days following receipt of the notice of the initial placement pursuant to a voluntary agreement, shall make a determination in the manner prescribed by the act including a determination as to whether or not reasonable efforts have been made to prevent the placement, which determination shall be entered as an order in a form prescribed by the Administrative Director of the Courts. The court shall give a copy of the order to the Division, the child, the parents or legal guardian and such other persons or agencies that the court determines have an interest in or information relating to the welfare of the child, which may include the temporary caretaker. If the court schedules a hearing it shall provide written notice thereof in the manner prescribed by the act.

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) 5:7B(d). Adopted December 20, 1983, to be effective December 31, 1983; amended July 13, 1994 to be effective September 1, 1994; amended July 16, 2009 to be effective September 1, 2009; caption and text amended July 9, 2013 to be effective September 1, 2013.

Plain-English Summary

A voluntary placement is one a parent agreed to, which makes early judicial review more important rather than less — nobody has contested it. So within 15 days of receiving notice of the initial placement, the court makes a determination in the manner the Act prescribes.

One element is named expressly: whether reasonable efforts have been made to prevent the placement. That determination is entered as an order in the prescribed form.

The order is then circulated — to the Division, the child, the parents or legal guardian, and any other person or agency the court finds has an interest in or information about the child's welfare, which may include the temporary caretaker. If the court schedules a hearing, it gives written notice in the manner the Act prescribes.

Frequently Asked Questions

How quickly must the court review a voluntary placement?

Within 15 days following receipt of the notice of the initial placement.

What does the court decide?

A determination in the manner prescribed by the Act, including whether reasonable efforts have been made to prevent the placement, entered as an order in the prescribed form.

Who receives the order?

The Division, the child, the parents or legal guardian, and any other persons or agencies the court determines have an interest in or information relating to the welfare of the child — which may include the temporary caretaker.

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. 5:13-4). 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: voluntary placement reviewreasonable efforts15 day determination