Rule 5:12-6. Matters Involving Law Enforcement

(a) Visitation During Pendency of Related Criminal Action When a criminal complaint has been filed against a parent or guardian arising out of the same incident as a Division of Youth and Family Services action pursuant to R. 5:12, the Family Part shall determine the nature and scope of parental or guardian visitation, if any, as follows:

(1) On scheduling any hearing at which visitation conditions are to be imposed or modified, the court shall provide notice to the county prosecutor and counsel representing the parent or guardian in the criminal prosecution, as well as to all counsel and parties in the Division of Youth and Family Services matter.

(2) Prior to any hearing, the court shall issue an appropriate protective order governing disclosure of confidential Division of Youth and Family Services records consistent with N.J.S.A. 9:6-8.10a.

(3) A copy of any order governing such visitation shall be transmitted by the Family Part to the Law Division.

(4) Any application for modification of a visitation order shall be made to the Family Part, on notice to the same parties and counsel as required for notice of a hearing pursuant to (1).

(b) Information Regarding Criminal Investigation If there is a criminal investigation of an incident that is the basis of a Division of Youth and Family Services action pursuant to R. 5:12, the Division may request that the prosecutor provide any relevant information for use in the action. If the Division and the prosecutor are unable to reach an agreement on what information is to be provided, either may request the Assignment Judge to assign a judge to assist in the resolution of the matter. The judge assigned shall conduct a conference without delay. Notice of the conference shall be given to the prosecutor and to all parties to the Division of Youth and Family Services action. The court shall not order the release of pre-indictment information without the agreement of the prosecutor. No rights or privileges that may otherwise exist are affected by this dispute resolution procedure.