Last amended September 1, 2013 · Current through September 1, 2026 · Last verified September 8, 2026
In one sentenceRule 5:18-2 requires a hearing on an out-of-home placement petition within 24 hours of filing, with counsel for the juvenile, and sets the two grounds on which a temporary placement may be approved.
(a)Time; Appearances. The court shall hold a hearing on an out-of-home placement petition within 24 hours after it has been filed. All necessary parties shall be notified of the hearing pursuant to R. 5:15-3 and their presence secured, if necessary, by warrant pursuant to R. 5:17-1. The juvenile shall be represented by counsel and if indigent, counsel shall be appointed by the court. The court may request attendance at the hearing of a representative of the Division of Child Protection and Permanency.
(b)Hearing; Disposition. Based on the evidence adduced at the hearing, the court shall either approve or disapprove the temporary out-of-home placement. Approval of temporary out-of-home placement shall be made only if either serious conflict or other problem between the parent or guardian and the juvenile exists which cannot be resolved by the delivery of services to the family while the juvenile is residing at home; or the physical safety and well-being of the juvenile would be threatened if the juvenile resided at the parental home. The order approving the temporary placement shall direct the Division of Child Protection and Permanency or other service or agency to submit a family service plan and to make custodial recommendations pursuant to N.J.S. 2A:4A-89(c) and (d). The order shall set a specific date when the plan is due and shall also instruct the agency to transmit the family service plan to all counsel or parties appearing pro se no later than 3 court days prior to the due date of the hearing. If the court disapproves a petition for temporary out-of-home placement, it shall file a written statement of its reasons therefor and order the juvenile to remain at or return to the parental home.
(c)Family Service Plan. Following the submission to the court of the family service plan herein provided for and on notice to all parties, the court shall consider the plan and all evidence adduced with respect thereto and may approve, reject or modify the plan in its dispositional order. The order shall specify the agency responsible for the juvenile, the parental rights temporarily transferred to such agency and the parenting time or visitation rights accorded to the juvenile's parents. If placement cannot be immediately made, the responsible agency shall report to the court every 14 days on the status of the placement plan. In such event, when the agency has completed the plan it should transmit it to all counsel or parties appearing pro se no later than three court days prior to the new date of the hearing.
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-new. Adopted December 20, 1983, to be effective December 31, 1983; paragraphs (b) and (c) amended November 5, 1986 to be effective January 1, 1987; paragraphs (a) and (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (c) amended July 5, 2000 to be effective September 5, 2000; paragraphs (a) and (b) amended July 9, 2013 to be effective September 1, 2013.
Plain-English Summary
The clock is the shortest in Part V: a hearing within 24 hours after the petition is filed. Everyone necessary is notified as the crisis rules provide, and their presence secured by warrant if necessary. The juvenile must be represented by counsel, appointed by the court if they are indigent, and the court may ask for a representative of the Division of Child Protection and Permanency to attend.
Approval is not automatic. A temporary out-of-home placement may be approved only on one of two grounds: a serious conflict or other problem between the parent or guardian and the juvenile that cannot be resolved by delivering services to the family while the juvenile lives at home, or a threat to the juvenile's physical safety and well-being if they remained in the parental home. If the court disapproves the petition, it files a written statement of its reasons and orders the juvenile to remain at or return home.
An approval order sets the next stage in motion. It directs the Division or another agency to submit a family service plan and make custodial recommendations, fixes the date the plan is due, and requires it to reach all counsel and self-represented parties no later than 3 court days before the hearing. The court may then approve, reject or modify the plan in its dispositional order, which specifies the responsible agency, the parental rights temporarily transferred to it, and the parenting time or visitation accorded to the parents. Where placement cannot be made immediately, the agency reports to the court every 14 days on the status of the plan.
Frequently Asked Questions
How quickly is an out-of-home placement hearing held?
Within 24 hours after the petition has been filed.
Does the juvenile get a lawyer?
Yes. The juvenile shall be represented by counsel, and if indigent, counsel is appointed by the court.
On what grounds can a temporary placement be approved?
Only where a serious conflict or other problem between the parent or guardian and the juvenile cannot be resolved by delivering services while the juvenile lives at home, or where the juvenile's physical safety and well-being would be threatened if they resided at the parental home.
When do we get the family service plan?
The order sets a specific due date and instructs the agency to transmit the plan to all counsel or self-represented parties no later than 3 court days before the due date of the hearing.
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. 5:18-2). 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:24 hour hearingfamily service plantemporary out-of-home placementcounsel for juvenileplacement hearing