Rule 5:18-2. Temporary Out-of-Home Placement; Hearing

(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 Youth and Family Services.

(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 Youth and Family Services 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.