EZRCP · New Jersey · Part 4 - Civil Practice · R. 5:16-1

R. 5:16-1. — Standards for Taking Into Custody

New Jersey · Part 4 - Civil Practice

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Rule text

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.

Notes

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