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NJ DCF Logo with reverse copy

 

New Jersey Department of Children and Families Policy Manual

 

Manual:

CP&P

Child Protection and Permanency

Effective Date:

Volume:

X

Forms

Chapter:

A

Forms

2-5-2018

Subchapter:

1

Forms

Issuance:

21.6

CP&P Form 21-6, Notice of Emergency Removal Pursuant to N.J.S.A. 9:6-8.29 and 9:6-8.30 Without Court Order

 

 

Click here to view or print CP&P Form 21-6, Notice of Emergency Removal Pursuant to N.J.S.A. 9:6-8.29 and 9:6-8.30 Without Court Order.

 

Click here to view or print this form in Spanish, CP&P Form 21-6(S).

 

WHEN TO USE IT

 

This form is a letter used to:

 

·      Give the parent/legal guardian/caregiver official notice of the child's removal and placement in protective custody;

 

·      Advise the parent/legal guardian/caregiver that CP&P, the police, or a probation officer removed the child, and under what legal authority (N.J.S.A. 9:6-8.29 and 9:6-8.30) the removal was made; and

 

·      Advise the parent/legal guardian/caregiver that a court hearing will take place, indicating the date, time, and location of the hearing and how to request an attorney/legal aid.

 

The form is prepared by a CP&P Worker when an emergency removal (without court order) has been made by a:

 

·      CP&P Worker,

 

·      Police Officer, or

 

·      County Probation employee.

 

If the emergency removal is made by CP&P, the removing CP&P Worker prepares the form at the time of the removal. If the child was removed by a Police Officer or County Probation employee, the removing authority is required, by law, to contact CP&P. The CP&P Worker assigned to the investigation prepares the form and attempts to serve the parent as soon as possible after the removal occurred.

 

HOW TO USE IT

 

The form is available for use in two different ways:

 

·      The form can be printed from the on-line Manual system and completed by hand (Note:  Be sure to make a copy for the case record); or

 

·      Staff can complete the self-carbonized version in the field, which can be ordered from the Forms Unit. (Note:  The “Original” pages 1 and 2 of the form are given to the Parent, Legal Guardian, or Caregiver.  The “Canary” copies of pages 1 and 2 are placed in the child’s Case Record.)

 

TIPS FOR COMPLETING THE FORM

 

Under Court Hearing on page 1, "Date- within 2 court days from the removal," enter the date (as month, day, year) the hearing will be held. For example:

 

·      If a removal takes place on Monday at 2 a.m., the first "court day" is Monday and the second "court day" is Tuesday. Therefore, the Division must file by Tuesday.

 

·      If a removal takes place on Monday after 8:30 a.m., the beginning of the "court day", the first "court day" is Tuesday. The matter must be filed by Wednesday, the second "court day." Therefore, 8:30 a.m. is the important factor to determine the second court day.

 

·      If a removal takes place on Thursday at 2 a.m., the first "court day" is Thursday and the second "court day" is Friday. Therefore, the matter must be filed by Friday. If the removal takes place on Thursday at 10:30 a.m., Friday is the first "court day" and the matter must be filed by Monday.

 

Consult the Deputy Attorney General assigned to the Local Office for the time that hearings are held in your county. The time for hearings is established by way of county court practice.

 

Certain sections of the form can be completed in the office, in advance, to provide details about the scheduling of court hearings in the given county. Thus one copy, or a Local Office's entire supply of CP&P Form 21-6, may be prepared in the Local Office.

 

DISTRIBUTION

 

Original (Pages 1 and 2)            -

Parent, Legal Guardian, or Caregiver

 

 

Copy (Pages 1 and 2)                -

(“Canary” if self-carbonized)

Case Record