A juvenile delinquency case The life of a juvenile delinquency case in New Jersey, step by step: every station, its clock, and the Rule of Court behind it

The line at a glance

Every stop the paper makes, in order. Tap a stop to jump to it.

1. J1The complaintFiled in the county where the incident happened, or moved to the county where the juvenile lives; a complaint-summons is served on the juvenile and a parent within five days of filing
   1. If intake diverts the complaint: D1 to D2, then back at J4.
   2. D1Intake reviewEvery complaint, on filing; a complaint charging what would be a crime for an adult is diverted only with the prosecutor's consent
   3. D2Juvenile conference committee or intake conferenceNo fixed clock; nobody can be made to appear or to comply; the prosecutor's discovery comes on the defense's written request
2. J2Custody and the detention hearingInitial detention hearing no later than the morning after the juvenile is placed in custody, weekends and holidays included; probable cause hearing within two court days; review within 14 court days, then every 21
3. J3Counsel, parents, and discoveryA lawyer at every stage; the prosecutor's discovery within three business days of the complaint if the juvenile is detained, otherwise within 30 days and no later than five business days before the first court date
   1. If the prosecutor moves to waive the case to adult court: W1 to W3, then back at J7.
   2. W1Motion for waiver to adult courtProsecutor's motion within 60 days after receipt of the complaint, extendable for good cause; a juvenile 14 or older may elect transfer, and the judge raises that right at the initial detention or probable cause hearing
   3. W2Waiver hearing and orderTranscripts of recorded statements to the defense no later than 14 days before the waiver hearing; if waiver is granted, the prosecutor files the adult complaint within 12 hours
   4. W3In the Criminal PartFrom the waiver order the case runs on the criminal track's clocks; a consented remand to the Family Part can come at any point after waiver
4. J4The adjudicatory hearingWithin 30 days of initial detention if the juvenile is held, and a motion forces a date within 72 hours; otherwise on the date in the notice
5. J5DispositionWithin 30 days of adjudication if the juvenile is detained, 60 days if not; reports filed five court days before the hearing and shared with counsel or the family three court days before
6. J6The court keeps the caseFor the whole term of the dispositional order; a claimed violation is heard on notice and hearing; a change to the order or an application for post-disposition relief at any time
7. J7AppealNotice of appeal within 45 days of entry of the order of disposition

Stop by stop

1. J1 The complaint

   Clock: Filed in the county where the incident happened, or moved to the county where the juvenile lives; a complaint-summons is served on the juvenile and a parent within five days of filing

   A delinquency case begins with a sworn complaint captioned in the interest of the child. It names the juvenile and the parents, says what happened and when, and cites the law said to have been broken. Anyone with knowledge of the facts may sign it; usually it is a police officer. The clerk sends it at once to court intake services and to the county prosecutor. If the officer issues a complaint-summons, an officer hands it to the juvenile and the parent within five days, without taking the child into custody, and intake sends a notice of the first court date. The case is filed where the incident happened, but a juvenile who lives in another county is normally sent to the Family Part of the home county.

   What the rule says 3 sources

   “The complaint shall be filed with the clerk of the court who shall promptly refer it to court intake services and the county prosecutor. A copy of the complaint shall be served with the summons or, whenever practicable, at the time of the execution of the warrant.”

   R. 5:20-1(b) · as code

   “Once the complaint-summons is filed with the court, a law enforcement officer shall within five days of filing of the complaint-summons personally serve the complaint-summons on the juvenile and the parent, guardian, or custodian without taking the juvenile into custody.”

   R. 5:20-2(a) · as code

   “Juvenile delinquency complaints are filed in the county where the incident giving rise to the complaint allegedly occurred. However, when the juvenile charged is domiciled in a county other than the county of the alleged occurrence, venue shall be laid in the county of the juvenile's domicile unless the court finds good cause for venue to be retained in the county where the incident allegedly occurred.”

   R. 5:19-1(a) · as code

   Fork. If intake diverts the complaint, the paper leaves the main line here for D1 and comes back at J4.

2. J2 Custody and the detention hearing

   Clock: Initial detention hearing no later than the morning after the juvenile is placed in custody, weekends and holidays included; probable cause hearing within two court days; review within 14 court days, then every 21

   Being taken into custody is not an arrest under the rules, and whoever takes the child must tell the parents at once. Most juveniles are released to a parent or a responsible adult on a written promise to bring them to every hearing; nobody is placed in detention without a judge or court intake saying so. If the child is held, the court sees the case the next morning to look at probable cause and at whether detention is necessary, and the parents are expected to be there. A second hearing within two court days settles probable cause and, if the child had no lawyer the first morning, is held with one. As long as detention continues the court reviews it within 14 court days and then every 21. Detention is only for a juvenile who would not come back or who is a real danger to people or property, and never in a jail or a police lockup.

   What the rule says 5 sources

   “The taking of a juvenile into custody shall not be construed as an arrest but shall be deemed a measure to protect the health, morals and well-being of the juvenile, and the person taking the juvenile into custody shall immediately notify the juvenile’s parents, guardian, or other custodian.”

   R. 5:21-1(a) · as code

   “In any event no juvenile shall be placed in detention without the permission of a judge or the court intake service.”

   R. 5:21-2(a) · as code

   “The hearing shall occur no later than the morning following the juvenile's placement in custody, including holidays and weekends. The hearing shall be on oral or written notice to the juvenile and the juvenile's parents, guardian, or custodian, all of whom shall be present at the hearing.”

   R. 5:21-3(a) · as code

   “If the court determines that the juvenile should continue to be detained, a detention review hearing shall be held within 14 court days after the prior detention hearing. If detention is again continued, review hearings shall be held thereafter at intervals not to exceed 21 court days. The juvenile shall be represented by counsel at all such hearings.”

   R. 5:21-3(c) · as code

   “No juvenile shall be detained or placed in any prison, jail, lockup, or police station.”

   R. 5:21-4 · as code

3. J3 Counsel, parents, and discovery

   Clock: A lawyer at every stage; the prosecutor's discovery within three business days of the complaint if the juvenile is detained, otherwise within 30 days and no later than five business days before the first court date

   The parents are parties to the case, not spectators; the summons commands them to appear alongside the child. The court tells the juvenile and the parents they may hire a lawyer and, if the family cannot and the case could end in commitment or another consequence of magnitude, refers them to the Public Defender or assigns counsel. Parents who can afford it may be ordered to pay the assigned lawyer's fee. The prosecutor turns over the file: police reports, statements, test results, the names of witnesses, and anything that helps the defense. The defense turns over its own reports and witnesses by a date the judge sets, no later than 20 days before the trial.

   What the rule says 4 sources

   “The parents, guardians or other person having custody, control and supervision over the juvenile shall be necessary parties to every proceeding in all juvenile delinquency actions.”

   R. 5:20-4 · as code

   “In family matters the court shall advise the juvenile and the juvenile's parents, guardian, or custodian of their right to retain counsel and, if counsel is not otherwise provided for the family and if the matter may result in the institutional commitment or other consequence of magnitude to any family member, or if any family member is constitutionally or by law entitled to counsel, the court shall refer the family member to the Office of the Public Defender, if appropriate, or assign other counsel to represent the juvenile or family member. The court may, depending upon the financial circumstances of the parents, guardian or custodian, order them to pay the fee of assigned counsel in such amount as it fixes.”

   R. 5:3-4(a) · as code

   “If the juvenile is detained, the prosecutor or law enforcement agency shall provide discovery no later than three business days after the filing of the complaint. If the juvenile is not detained and is not diverted or sent to a referee, the prosecutor or law enforcement agency shall provide discovery within 30 days after the filing of the complaint, or upon written request of the defense, but no later than five business days before the initial court appearance.”

   R. 5:20-5(a) · as code

   “Defense counsel shall provide a copy of the discovery materials to the prosecuting attorney by a date to be determined by the trial judge, except in no event later than 20 days before the trial or waiver hearing.”

   R. 5:20-5(b) · as code

   Fork. If the prosecutor moves to waive the case to adult court, the paper leaves the main line here for W1 and comes back at J7.

4. Side rail. If intake diverts the complaint: D1 to D2, off the main line at J1.

   1. D1 Intake review

      Clock: Every complaint, on filing; a complaint charging what would be a crime for an adult is diverted only with the prosecutor's consent

      Court intake services reads every complaint and recommends one of three things: dismiss it, divert it, or send it on for court action. Where the conduct would be a crime for an adult, a repeat disorderly persons offense, or a drug offense, the court cannot divert without the prosecutor agreeing; it can still divert any complaint after a hearing at which everyone is heard. A complaint dismissed here leaves the line.

      What the rule says

      “Every complaint alleging juvenile delinquency shall be reviewed by court intake services in the manner provided by law for recommendation as to whether the complaint should be dismissed, diverted or referred for further court action. Where the complaint alleges conduct which, if committed by an adult, would constitute a crime as defined by N.J.S. 2C:1-4a or a repetitive disorderly persons offense as defined by N.J.S. 2A:4A-22(h), or any disorderly persons offense as defined in chapter 35 or chapter 36 of Title 2C, the matter shall not be diverted by the court unless the prosecutor consents thereto. Nothing in this rule precludes the court from diverting any complaint pursuant to N.J.S. 2A:4A-73(a) after a hearing wherein all parties have an opportunity to be heard.”

      R. 5:20-1(c) · as code

   2. D2 Juvenile conference committee or intake conference

      Clock: No fixed clock; nobody can be made to appear or to comply; the prosecutor's discovery comes on the defense's written request

      A diverted case goes to a juvenile conference committee, six to nine sworn volunteers from the community sitting as an arm of the court, or to an intake service conference. The committee hears the matter in confidence, recommends corrective action, then follows up and reports to the court. Nothing it recommends is compulsory. If the juvenile and the parents do the work, the case ends here and never reaches a judge. If they will not appear or comply, or anyone involved is not satisfied, the committee sends the case back to the court and it rejoins the line at the hearing.

      What the rule says 4 sources

      “The committee shall serve as an arm of the court in hearing and deciding such matters involving alleged juvenile offenders as are specifically referred to it by the court.”

      R. 5:25-1(c) · as code

      “A committee shall consist of not less than 6 nor more than 9 members.”

      R. 5:25-1(b) · as code

      “No person shall be compelled to appear before, or comply with any recommendations of, a committee. If voluntary appearance or compliance cannot be attained, or if any person interested in a committee proceeding is not satisfied therewith, the matter shall be referred by the committee to the court.”

      R. 5:25-1(d) · as code

      “If the juvenile is diverted to a juvenile conference committee or intake service conference or referred to a juvenile referee, the prosecutor or law enforcement agency shall provide discovery upon written request by the defense.”

      R. 5:20-5(a) · as code

   Rejoins. Back on the main line at J4.

5. J4 The adjudicatory hearing

   Clock: Within 30 days of initial detention if the juvenile is held, and a motion forces a date within 72 hours; otherwise on the date in the notice

   This is the trial: no jury, a closed courtroom, only people with a direct part in the case present. The judge hears the State's evidence and the defense's, and the standard is the adult one; the charge must be proved beyond a reasonable doubt. A detained juvenile must have the hearing within 30 days of initial detention; if that slips, a motion by the juvenile makes the court fix a date within 72 hours. The child is not brought in wearing handcuffs or any other restraint unless the court finds, on the record, that nothing less will do. Each juvenile may be heard separately even if the conduct was alleged to be a group's. If the evidence falls short the complaint is dismissed and the line ends here.

   What the rule says 5 sources

   “If a juvenile has been detained the adjudicatory hearing shall be held within 30 days after the date of initial detention. If the adjudicatory hearing is not held within said time, the court shall, within 72 hours after a motion by the juvenile so requesting, fix a date certain for the adjudicatory hearing unless an extension is granted by the court for good cause shown.”

   R. 5:21-7 · as code

   “If the evidence supports the charge made in the complaint beyond a reasonable doubt, the court may make any custodial or non-custodial disposition on such terms and conditions as it may impose in accordance with the provisions of N.J.S. 2A:4A-43 and 2A:4A-44.”

   R. 5:24-3 · as code

   “Unless such application is made and granted, every hearing shall be conducted in private with only such persons in attendance as have a direct involvement in the proceeding, except as hereinafter provided.”

   R. 5:19-2(a) · as code

   “Instruments of restraint, such as handcuffs, chains, irons, or straitjackets, cloth and leather restraints, and other similar items, shall not be used on a juvenile during a court proceeding and must be removed prior to the juvenile's entry into the courtroom.”

   R. 5:19-4 · as code

   “Each juvenile brought before the court may receive an individual hearing even though the conduct alleged may have been performed in association with other juveniles.”

   R. 5:19-3 · as code

6. J5 Disposition

   Clock: Within 30 days of adjudication if the juvenile is detained, 60 days if not; reports filed five court days before the hearing and shared with counsel or the family three court days before

   After an adjudication the court decides what happens, at a separate hearing. Before it, the judge may send the juvenile for evaluation, consult the agencies involved, and call a predisposition conference; the reports come in five court days before the hearing and go to counsel, or to a family appearing without a lawyer, three court days before. The victim may speak before the court decides. The disposition can be anything the statute allows, from a non-custodial order to commitment. Before any commitment there must be a predisposition investigation and report, and the judge asks whether the parents can pay the cost of the proceedings and the child's board. An order is filed in every case.

   What the rule says 6 sources

   “If a juvenile is in a detention center or shelter care facility when adjudicated delinquent, the disposition hearing shall be conducted, on notice to the juvenile and all other proper parties, within 30 days after the adjudication.”

   R. 5:24-1(a) · as code

   “If the juvenile is not in a detention center or shelter care facility when adjudicated delinquent, the disposition hearing shall be conducted, on notice to the juvenile and all other proper parties, within 60 days after the adjudication, which time may be extended by the court on good cause shown.”

   R. 5:24-1(b) · as code

   “Any such reports shall be filed with the court no later than five court days before the dispositional hearing date. Any pre-dispositional reports filed with the court shall be made available to counsel or parties appearing pro se no later than three court days before the dispositional hearing date, or as determined by the court.”

   R. 5:24-2 · as code

   “The court shall permit a victim or a family member of a victim to make a statement prior to ordering a disposition in any delinquency proceeding involving an offense that would constitute a crime if committed by an adult, subject to a court determination that exigent circumstances exist that require an immediate disposition.”

   R. 5:19-2(a) · as code

   “Before a juvenile is committed to a correctional institution a pre-disposition investigation and report or other functional equivalent (such as a Juvenile Intensive Supervision Program (JISP) report or a Violation of Probation summary) shall be made and considered by the court.”

   R. 5:24-4(b) · as code

   “If a juvenile is committed to any institution or referred to the State Diagnostic Center, the judge shall make inquiry as to the ability of the parent or guardian to pay the expense of commitment proceedings and the board of the juvenile, and the judge shall endorse on the order of commitment a statement of the findings in that regard.”

   R. 5:24-4(c) · as code

7. J6 The court keeps the case

   Clock: For the whole term of the dispositional order; a claimed violation is heard on notice and hearing; a change to the order or an application for post-disposition relief at any time

   Disposition does not close the file. The court keeps jurisdiction for as long as the order's terms run. If the juvenile is said to have broken a condition, the court holds a hearing on notice and may substitute any disposition it could have ordered the first time; if the order was commitment, the court may swap it during the term for any other disposition available to it. The court can also correct, change or modify the order at any time under the law, and a juvenile may apply for post-disposition relief, which runs under the adult post-conviction rule, R. 3:22, so far as it fits.

   What the rule says 2 sources

   “The court shall retain jurisdiction over every action in which it has entered an order of disposition for the duration of the dispositional terms and conditions. If the court finds at any time during the duration of the disposition, on notice and hearing, that the conditions of the order of disposition have been violated, it may substitute any other disposition which it might originally have made. If the disposition was an order of commitment or incarceration the court may, during the duration of that disposition, substitute any other disposition otherwise available to it.”

   R. 5:24-5(a) · as code

   “the court may correct, change or modify an order of disposition at any time pursuant to law and may entertain an application for post-disposition relief, which shall be made and determined in accordance with the provisions of R. 3:22, insofar as applicable.”

   R. 5:24-6 · as code

8. Side rail. If the prosecutor moves to waive the case to adult court: W1 to W3, off the main line at J3.

   1. W1 Motion for waiver to adult court

      Clock: Prosecutor's motion within 60 days after receipt of the complaint, extendable for good cause; a juvenile 14 or older may elect transfer, and the judge raises that right at the initial detention or probable cause hearing

      For the offenses the statute lists, the prosecutor may ask the Family Part to give up the case so it can be prosecuted in the Criminal Part as an adult case. The motion is due within 60 days of the prosecutor receiving the complaint and must come with a written statement of reasons that walks through every statutory factor for this particular juvenile. A juvenile 14 or older, or younger on a murder charge, may also choose adult court, but only knowingly and after talking with counsel.

      What the rule says 3 sources

      “A motion seeking waiver of jurisdiction by the Family Part shall be filed by the prosecutor within 60 days after the receipt of the complaint, which time may be extended for good cause shown. The motion shall be accompanied by a written statement of reasons clearly setting forth the facts used in assessing all factors contained in N.J.S.A. 2A:4A-26.1 et seq., together with an explanation as to how evaluation of those facts support waiver for each particular juvenile.”

      R. 5:22-2(a) · as code

      “Any competent juvenile 14 years of age or older charged with delinquency may elect to have the action transferred to the appropriate court and prosecuting authority having jurisdiction.”

      R. 5:22-1 · as code

      “The judge shall inform the juvenile of the right to elect such referral at the initial detention or probable cause hearing. The judge shall determine that such election, if requested, has been made knowingly, willingly, voluntarily and after consultation with counsel.”

      R. 5:22-1 · as code

   2. W2 Waiver hearing and order

      Clock: Transcripts of recorded statements to the defense no later than 14 days before the waiver hearing; if waiver is granted, the prosecutor files the adult complaint within 12 hours

      At the hearing the court takes evidence from both sides and allows cross-examination. The State must prove the juvenile's age and probable cause for one of the listed offenses, and the court checks that the prosecutor weighed the statutory factors; it may deny the motion only if clearly convinced the prosecutor abused that discretion. Nothing the juvenile says at this hearing can be used later to prove delinquency or guilt. If waiver is granted, the order names the acts it rests on, the court decides detention with a presumption for a juvenile facility over an adult jail, and the prosecutor files a complaint in the adult court within 12 hours.

      What the rule says 5 sources

      “At the waiver hearing, the court shall receive the evidence offered by the State and by the juvenile. No testimony of a juvenile at a hearing to determine referral by this rule shall be admissible for any purpose in any subsequent hearing to determine delinquency or guilt of any offense. The court also shall permit cross-examination of any witnesses.”

      R. 5:22-2(b) · as code

      “The court may deny a motion by the prosecutor to waive jurisdiction of a juvenile delinquency case if it is clearly convinced that the prosecutor abused his or her discretion in considering the factors set forth within N.J.S.A. 2A:4A-26.1(c)(3).”

      R. 5:22-2(c) · as code

      “the prosecutor shall file a complaint with the appropriate court within 12 hours.”

      R. 5:22-2(f) · as code

      “If detention is deemed necessary, there shall be a presumption that the juvenile shall be detained in a county juvenile detention facility, unless good cause is shown that it is necessary to detain the juvenile in a county jail or other county correctional facility in which adults are incarcerated.”

      R. 5:22-3 · as code

      “The prosecutor also shall provide the juvenile with transcripts of all electronically recorded statements or confessions by a date to be determined by the trial judge, except in no event later than 14 days before the trial date or waiver hearing.”

      R. 5:20-5(b) · as code

   3. W3 In the Criminal Part

      Clock: From the waiver order the case runs on the criminal track's clocks; a consented remand to the Family Part can come at any point after waiver

      From here the case goes to the criminal track. It proceeds as if it had been started in the Criminal Part, with that court's rules and sentencing law, and an appeal from there is an appeal from a criminal judgment. Two doors lead back. With the juvenile's and the prosecutor's consent the Criminal Division may remand to the Family Part if the child needs programs only the Family Part has and the public no longer gains from waiver. And if the conviction is only for an offense that could not have been waived, it counts as a juvenile adjudication and returns to the Family Part for disposition. A juvenile convicted of a waivable offense presumptively serves any custodial sentence in a Juvenile Justice Commission facility until 21.

      What the rule says 4 sources

      “Whenever a juvenile is referred to another court as provided by R. 5:22-1 or R. 5:22-2, the action shall proceed in the same manner as if it has been instituted in that court in the first instance, and shall be subject to the sentencing provisions available to that court.”

      R. 5:22-4(a) · as code

      “Upon conviction for any offense which is subject to waiver pursuant to N.J.S.A. 2A:4A-26.1(c)(2), there shall be a presumption that the juvenile shall serve any custodial sentence imposed in a State juvenile facility operated by the Juvenile Justice Commission until the juvenile reaches the age of 21, except as provided in N.J.S.A. 2A:4A-26.1(f).”

      R. 5:22-4(b) · as code

      “With the consent of the juvenile defendant and the prosecutor, at any point in the proceedings subsequent to the decision ordering waiver, the Criminal Division may remand to the Family Part if it appears that: the interests of the public and the best interests of the juvenile require access to programs or procedures uniquely available in the Family Part; and the interests of the public are no longer served by waiver.”

      R. 5:22-5(a) · as code

      “If a juvenile is not convicted of an offense set forth in N.J.S.A 2A:4A-26.1(c)(2), a conviction for any other offense shall be deemed a juvenile adjudication and be remanded to the Family Part for disposition, in accordance with the dispositional options available to the Family Part”

      R. 5:22-5(b) · as code

   Rejoins. Back on the main line at J7.

9. J7 Appeal

   Clock: Notice of appeal within 45 days of entry of the order of disposition

   The order of disposition is the final judgment of the Family Part, and the appeal goes to the Appellate Division within 45 days of its entry, on the same notice of appeal, transcript request and Case Information Statement as any other; the appendix in a delinquency appeal carries the complaint and the docket entries. From here the case rides the appeal track. The file stays closed throughout: records of the court, probation and the police about a juvenile charged as delinquent are kept from public inspection and opened only under the statute, on motion.

   What the rule says 3 sources

   “appeals from final judgments of courts, final judgments or orders of judges sitting as statutory agents, and final judgments of the Division of Workers’ Compensation shall be filed within 45 days of their entry.”

   R. 2:4-1(a) · as code

   “in criminal, quasi-criminal or juvenile delinquency actions, the indictment or accusation and, where applicable, the complaint and all docket entries in the proceedings below;”

   R. 2:6-1(a) · as code

   “Social, medical, psychological, legal and other records of the Court, Probation Division and law enforcement agencies pertaining to juveniles charged as delinquents shall be strictly safeguarded from public inspection and shall be made available only pursuant to N.J.S.A. 2A:4A-60 to -62. Any application for such records shall be made by motion to the court.”

   R. 5:19-2(b) · as code