N.J. Admin. Code § 3A:5-3.2 - Procedures related to dispositional reviews
(a) A request for a
dispositional review shall be made in accordance with
N.J.A.C.
3A:5-2.5.
(b) The appellant shall submit any information
that he or she has agreed to submit to the Review Officer within the time limit
agreed upon between the appellant and the Review Officer.
(c) The Review Officer shall conduct a
dispositional review through a telephone conference in lieu of having the parties
present, when the appellant declines to meet in person with the Review Officer, but
agrees to communicate by telephone.
(d)
If there is no in-person or telephone meeting, the Review Officer shall conduct a
record and document review in lieu of having the parties present.
(e) The Division shall determine whether and in
what manner the child's position on the matters at issue shall be ascertained and
the nature of the child's participation in the dispositional review where the
outcome of the dispositional review shall have a direct impact on the child or
children.
(f) The Division shall send
the appellant written notification of whether a dispositional review shall be a
meeting/gathering of the parties, or a telephone conference, or a record and
document review, at least five business days prior to the dispositional review, and
include the time and location of the dispositional review and issues to be
considered.
(g) The Division shall grant
a request for postponement of a dispositional review only for good cause, which
shall include the appellant's need for additional time to provide necessary
information. The Division shall consider that an appellant has withdrawn his or her
request for a dispositional review when the Division has not granted a postponement
and the appellant:
1. Does not appear at the
scheduled dispositional review, unless such failure is due to unavoidable causes;
or
2. Does not provide the agreed upon
information for the dispositional review within the agreed upon time limit, unless
delayed for reasons beyond the appellant's control or for other good
reason.
(h) Prior to the
dispositional review, the Review Officer conducting the dispositional review, at his
or her discretion, may consult with Division staff who have information related to
the issue being appealed.
(i) The
dispositional review shall include a summary of the factual basis for the Division
action, in accordance with
N.J.A.C.
1:1-8.2(a)5, the relevant rules
and policy, a review of information gathered through prior consultation with staff,
information presented orally or in writing by the appellant, information presented
orally or in writing by witnesses, supporters or representatives for both the
Division and the appellant, and questions asked and answered in the course of the
dispositional review.
(j) The Review
Officer conducting the dispositional review shall make an agency decision based on
the record and the information presented at the dispositional review or during any
consultation with other Division representatives.
(k) The Division shall forward written
notification of the agency decision of the dispositional review, containing each
element stated in N.J.A.C. 3A:5-3.2(i), to the appellant within 60 business days of
the completion of the dispositional review process and shall include notice of
whether the appellant has a right or opportunity to appeal further in accordance
with
N.J.A.C.
3A:5-2.8, and if so, notice of the procedures for
initiating further appeals and the contact information, including the address and
telephone number.
(l) The Division may
deem waived any appeal opportunity that has not been exercised in accordance with
the time frames specified in
N.J.A.C.
3A:5-2.5(a) and (b), except that
the Division shall not deny an appeal where the request for an appeal was delayed
for reasons beyond the appellant's control.
Notes
See: 34 N.J.R. 2768(a), 35 N.J.R. 2915(b).
Rewrote the section.
Amended by R.2009 d.17, effective
See: 40 N.J.R. 3917(a), 41 N.J.R. 242(a).
In (d), substituted "If there is no in-person or telephone meeting, the Review Officer" for "The Division" and deleted "when the appellant declines to meet in person with the Review Officer and declines to communicate by telephone" from the end; deleted former (e); recodified former (f) through (m) as (e) through (l); in (k), inserted ". Containing each element stated in N.J.A.C. 10:120A-3.2(i)" and "in accordance with N.J.A.C. 10:120A-2.8", substituted "and the contact information, including the" for ", including the name," and deleted "of the person to whom a request for further appeal is made" from the end; in (l), substituted "and (b)" for ", (b), and (d),"; and deleted (n) and (o).
Administrative correction.
See: 41 N.J.R. 876(a).
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