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Rule 5:15 – Petition: Contents; Filing; Service

May 14, 2021 | Family Law, New Jersey

Rule 5:15-1. When and by Whom Filed

A petition referring a juvenile-family crisis to the court shall be filed by Court Intake Services pursuant to N.J.S. 2A:4A-83 when, in the judgment of a crisis intervention unit, a juvenile-family crisis, as defined by N.J.S. 2A:4A-22(g), continues to exist despite the provision of crisis intervention services and the exhaustion of appropriate community services. Where, however, the facts alleged are primarily governed by other specific statutes a petition shall not be filed pursuant to this rule but rather Court Intake Services shall proceed as otherwise required by law.

Rule 5:15-2. Form and Contents of Petition

A petition alleging the existence of a juvenile-family crisis shall be captioned “The State of New Jersey in the Interest of the Family of _______,” shall be made on oath by a Court Intake Services officer, shall be in the form prescribed by the Administrative Director of the Courts and shall include the following:

(a) The name, address and date of birth of the juvenile.
(b) The name, address and date of birth of the juvenile’s parents, guardian or custodian and any other family member believed to be contributing to the juvenile-family crisis.
(c) A statement of facts describing the nature of the juvenile-family crisis.
(d) The recommendations of Court Intake Services for resolving the crisis, including recommendations regarding community services or programs necessary to implement the recommendations.
(e) The services, if any, previously provided by the Crisis Intervention Unit, the community services to which the family has previously been referred, if any, and a statement that these services have not resolved or stabilized the crisis.
(f) If Court Intake Services has reason to believe that a parent or guardian of the juvenile is an alcoholic, as defined by N.J.S. 26:2B-8, or drug dependent, as defined by N.J.S. 24:21-2, the petition shall state the basis for this determination and provide recommendations to the court.

Rule 5:15-3. Filing and Service, Notice of Hearing

The petition shall be filed with the clerk of the court who shall, to the extent possible, notify by telephone all persons listed in the petition of the date, time and place of hearing. In addition to the telephone notice, a copy of the petition together with a summons in the form prescribed by R. 4:4-2 shall be served on all parties named in the petition in accordance with R. 4:4-4 as soon after filing as is practicable.

N.J. Ct. R. 5:15