30:4C-15.3 Exceptions from requirement to file petition seeking termination of parental rights.
31. The Division of Child Protection and Permanency shall not be required to file a petition seeking the termination of parental rights if:
a. The child is being cared for by a relative and a permanent plan for the child can be achieved without termination of parental rights;
b. The division has documented in the case plan, which shall be available for court review, a compelling reason for determining that filing the petition would not be in the best interests of the child; or
c. The division is required to provide reasonable efforts to reunify the family but the division has not provided to the family of the child, consistent with the time period in the case plan, such services as the division deems necessary for the safe return of the child to his home.
L.1999, c.53, s.31; 2012, c.16, s.67.
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