Rule 5:3-2.Closed Hearings; Record

Last amended September 1, 2015 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:3-2 lets the court close a proceeding involving a child's welfare or status, keep a child out of the courtroom where that serves the child's best interests, and seal a Family Part file for good cause — while requiring a verbatim record of everything done in camera.

Full Text of Rule 5:3-2

Text sizeJump to: (a) (b)

(a) Hearings on Welfare or Status of a Child. Except as otherwise provided by rule or statute requiring full or partial in camera proceedings, the court, in its discretion, may on its own or party's motion direct that any proceeding or severable part thereof involving the welfare or status of a child be conducted in private. In the child's best interests, the court may further order that a child not be present at a hearing or trial unless the testimony, which may be taken privately in chambers or under such protective orders as the court may provide, is necessary for the determination of the matter. In matters brought by the Division of Child Protection and Permanency, the court shall accommodate the rights of the child as provided by N.J.S.A. 30:4C-61.2, prior to entering a permanency order. A verbatim record shall, however, be made of all in camera proceedings, including inchamber testimony by or interrogation of a child.

(b) Sealing of Records. The court, upon demonstration of good cause and notice to all interested parties, shall have the authority to order that a Family Part file, or any portion thereof, be sealed.

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) 5:5-1(b). Adopted December 20, 1983, to be effective December 31, 1983; paragraphs (a) and (b) amended July 14, 1992 to be effective September 1, 1992; paragraph (a) amended June 28, 1996 to be effective September 1, 1996; paragraph (a) amended July 27, 2015 to be effective September 1, 2015.

Plain-English Summary

Two powers, one condition.

The first is privacy. Where a proceeding involves the welfare or status of a child, the court may direct that it, or a severable part of it, be heard in private — on its own motion or a party's. The court may also keep the child out of the hearing altogether unless the child's testimony is needed, and that testimony can be taken privately in chambers or under protective orders. In matters brought by the Division of Child Protection and Permanency, the court must accommodate the child's statutory rights before entering a permanency order.

The condition attaches to all of it: a verbatim record must be made of every in camera proceeding, including testimony taken from a child in chambers. Privacy is not the same as an unrecorded hearing. Separately, paragraph (b) lets the court seal a file or part of one, on a showing of good cause and notice to all interested parties.

Frequently Asked Questions

Can a family hearing be closed to the public?

Yes, where it involves the welfare or status of a child. The court may direct, in its discretion and on its own or a party's motion, that the proceeding or a severable part of it be conducted in private.

Is a private hearing still recorded?

Yes. The rule requires a verbatim record of all in camera proceedings, including in-chambers testimony by or questioning of a child.

Can a Family Part file be sealed?

Yes. On a demonstration of good cause and notice to all interested parties, the court may order a Family Part file, or any portion of it, sealed.

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. 5:3-2). 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: closed hearingprivate hearingsealing the filein camerachild testimony in chambersconfidentiality