Rule text
a. General. 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.
b. Juvenile in Custody. A law enforcement officer may take a juvenile into custody without process when the officer has probable cause to believe that the juvenile is delinquent as defined by N.J.S.A. 2A:4A-23. When a juvenile has been taken into custody for delinquency and detention is being considered, law enforcement shall immediately apply for a complaint-warrant as provided by R. 5:20-1. When a juvenile is taken into custody pursuant to this paragraph, the procedure set forth in paragraph (d) of this Rule shall be followed.
c. Juvenile Not in Custody. When a juvenile is not in custody and law enforcement is seeking to detain the juvenile for a delinquent act, law enforcement must apply for a complaint-warrant as provided by R. 5:20-1. The draft complaint-warrant shall be reviewed by the County Prosecutor or an assistant prosecutor prior to seeking permission of the court to take the juvenile into custody. The court shall determine, in the presence of the County Prosecutor or assistant prosecutor, whether there is sufficient evidence of probable cause that the juvenile committed the act of delinquency and whether the severity of the offense justifies bringing the juvenile into custody. If the court finds no probable cause, a complaint shall not be issued. If the court finds probable cause but denies the request to take the juvenile into custody, the matter may proceed as a complaint-summons. If the court finds probable cause and authorizes law enforcement to take a juvenile into custody, a complaint- warrant shall be issued, and the procedure set forth in paragraph (d) of this Rule shall be followed.
d. Request for Detention. When a juvenile has been taken into custody, law enforcement must contact court intake services pursuant to N.J.S.A. 2A:4A-34. Court intake services shall complete a juvenile detention screening tool in a form prescribed by the Administrative Director of the Courts to assist in the determination of whether to detain or to release the juvenile. If detention is authorized, a complaint-warrant shall be issued. If detention is not authorized, a complaint-summons may be issued.
Notes
Note: Source-R. (1969) 5:8-2(a) (first and second sentence),
(e). Adopted December 20, 1983, to be effective December 31, 1983; amended July 13, 1994 to be effective September 1, 1994; existing text amended and designated as paragraph (a) with caption added, new paragraphs (b), (c), (d) caption and text adopted August 4, 2023 to be effective September 1, 2023.