Rules of Court · Part 5 · New Jersey

R. 5:16-1 New Jersey Rules of Court, R. 5:16-1: Standards for Taking Into Custody, rendered as code with every cross-reference linked

Standards for Taking Into Custody

the rule, verbatim; Code adds line numbers, links on every cross-reference and the list of rules that cite this one

Except where delinquent conduct is alleged, a law enforcement officer may take any juvenile into short-term custody, not to exceed six hours, when:

(a) there are reasonable grounds to believe that the health and safety of the juvenile is seriously in danger and that immediate custody is necessary for the juvenile's protection;

(b) there are reasonable grounds to believe that the juvenile has left the home and care of parents or guardian without their consent; or

(c) an agency legally charged with supervision of the juvenile has notified the law enforcement agency that the juvenile has run away from out-of-home placement; except where there are reasonable grounds to believe that the juvenile is an "abused or neglected child" within the meaning of N.J.S. 9:6-8.21 in which case the provisions of said law shall govern.

The taking of a juvenile into custody shall not be construed as an arrest but shall be deemed a measure to protect the juvenile's health, morals and well-being. Nor shall a juvenile taken into short-term custody be detained in a detention facility or jail.

Note: Source-new. Adopted December 20, 1983, to be effective December 31, 1983.

Verbatim rule text, unmarked. Nothing here is a summary.

rule 5:16-1 "Standards for Taking Into Custody" {
Except where delinquent conduct is alleged, a law enforcement officer may take any juvenile into short-term custody, not to exceed six hours, when:
(a) there are reasonable grounds to believe that the health and safety of the juvenile is seriously in danger and that immediate custody is necessary for the juvenile's protection;
(b) there are reasonable grounds to believe that the juvenile has left the home and care of parents or guardian without their consent; or
(c) an agency legally charged with supervision of the juvenile has notified the law enforcement agency that the juvenile has run away from out-of-home placement; except where there are reasonable grounds to believe that the juvenile is an "abused or neglected child" within the meaning of N.J.S. 9:6-8.21 in which case the provisions of said law shall govern.
The taking of a juvenile into custody shall not be construed as an arrest but shall be deemed a measure to protect the juvenile's health, morals and well-being. Nor shall a juvenile taken into short-term custody be detained in a detention facility or jail.
Note: Source-new. Adopted December 20, 1983, to be effective December 31, 1983.
}
referenced_by: none
source: njcourts.gov // verbatim; changed 2025-09-18; corpus harvested 2026-09-02

R. 5:16-2 → · chapter 5:16 · all rules

The Rules of Court are a government edict and carry no copyright; the text above is the Judiciary’s own publication, unchanged. Structure, links and highlighting are ours and carry no legal weight. Read the rule on njcourts.gov before you rely on it; amendments take effect each September 1.