Rule 5:18-1.Petition for Out-of-Home Placement; Temporary Placement
Last amended September 1, 1994 · Current through September 1, 2026 · Last verified September 8, 2026
Full Text of Rule 5:18-1
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--new. Adopted December 20, 1983, to be effective December 31, 1983; paragraph (a) amended and paragraph (c) adopted November 5, 1986 to be effective January 1, 1987; paragraphs (a) and (c) amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
The threshold has two layers. Crisis intervention and appropriate community services must first be exhausted. Then at least one of four things must be true: the juvenile refuses to stay or return home; the parents or guardians refuse to let them; the juvenile's physical safety is threatened; or the juvenile needs immediate care available only through out-of-home placement.
And on top of any of those, one more condition applies — the parents or guardians do not agree to an alternate living arrangement in a suitable family setting proposed by Court Intake Services. Placement is available only when a less disruptive arrangement has been offered and refused.
The petition must state what appropriate community services were attempted and why they did not succeed, which puts the exhaustion requirement on the record rather than leaving it to assertion. Pending disposition, Court Intake Services may make a temporary out-of-home placement under the statute. The petition is captioned in the family's name, made under oath, in the prescribed form.
Frequently Asked Questions
When can out-of-home placement be sought?
After crisis intervention and appropriate community services are exhausted, and where the juvenile refuses to stay or return home, the parents refuse to permit it, the juvenile's physical safety is threatened, or the juvenile needs immediate care available only through placement — and in addition the parents do not agree to an alternate living arrangement proposed by Court Intake Services.
Can the juvenile be placed before the hearing?
Yes. Before the court disposes of the petition, Court Intake Services may make a temporary out-of-home placement in accordance with the statute.
What must the petition say about services?
What appropriate community services have been attempted and the reasons why those services have not proved successful.