Juvenile Delinquency Proceedings

Juvenile
Delinquency
Proceedings
and
Your Child
A Guide for
Parents and Guardians

WHAT IS JUVENILE DELINQUENCY?
Delinquency is defined as an act by a juvenile under the age of 18
that if committed by an adult would constitute a crime, a disorderly
persons offense, a petty disorderly persons offense, or a violation
of any other penal statute, ordinance or regulation.

WHAT ARE THE COURT’S GOALS IN RESOLVING JUVENILE
DELINQUENCY CASES?
In juvenile matters, the court’s goals are rehabilitation and
accountability. The court handles each case on an individual basis
according to the law and based on the individual circumstances of
the case.

WHY IS MY CHILD IN THE COURT SYSTEM?
Your child will be appearing in court because someone has
accused your child of committing an act that is against the law in
New Jersey. The court will provide you with a copy of the
complaint, a legal court document describing the alleged illegal
conduct.
In the majority of cases, police sign complaints based on either
personal observation or information supplied by others such as
victims. Complaints also can be signed by school officials or
victims or by probation officers in cases of violations of probation
(VOPs).

CAN MY CHILD BE HELD IN A JUVENILE FACILITY BASED
UPON THE SIGNING OF A COMPLAINT?
A child may be taken into custody and held in a juvenile facility
based on the nature of the offense, the need to protect society, a
past record of adjudications of delinquency, a recent failure to
appear at court proceedings, or failure to remain where placed by
the court or court intake service.
If your child is not held in a shelter or detention setting, you will
receive notice of when and where to appear to address the
charge(s).


DOES MY CHILD NEED A LAWYER?
A parent, guardian, or caregiver should always consider
consulting an attorney for any legal matter or court appearance
although not all cases require an attorney.

In all formal court hearings before a judge, your child must have an
attorney. This type of proceeding is known as a counsel mandatory
or formal court hearing. If there is a possibility of
removing your child from home, the court will require your child to
be represented by an attorney. If you cannot afford an attorney,
you must, on behalf of your child, submit an application known as a
5A form to the court to determine if your child is eligible to receive
the services of a public defender or a court-appointed attorney. If
you fail to appear as required by the court to complete an
application for assignment of counsel, the court may issue a
warrant for your arrest.

WHAT HAPPENS IF MY CHILD IS DETAINED?
At times, the court may need to place your child in a detention
facility. If your child is held, an initial detention hearing will take
place as soon as possible but no later than the following day after
placement. At the hearing, you and your child will be told what the
charges are and whether or not an attorney will be required to
represent your child. The charges are listed on the complaint. You
and your child will have a chance to ask questions about the
process. At the end of this hearing, the court will make a decision
about releasing or holding your child. A parent or guardian is
expected to be present at all hearings.

WHAT HAPPENS IF MY CHILD IS NOT RELEASED AFTER THE
INITIAL DETENTION HEARING?
If your child is not released following the initial detention hearing,
another hearing will be held within two working days, unless
waived. At that time, your child must be represented by an
attorney. The judge will decide whether to continue holding your
child in detention. At the hearing, the prosecutor must present
enough evidence to satisfy the judge that the offense occurred and
that there is enough reason to believe that your child committed the
offense. If the judge is not satisfied on either count, then the judge
could dismiss the complaint. If the judge is satisfied with the
evidence presented, the case will be scheduled for a hearing.
If your child is held, a detention review hearing with your child’s
attorney present must be held within 14 days of the prior hearing.
If your child stays in detention, the judge must hold detention
review hearings every 21 court days (or less).

WHAT HAPPENS IF MY CHILD IS RELEASED AFTER THE
INITIAL DETENTION HEARING?
If your child is not detained after the initial detention hearing,
another court appearance will be scheduled. At that time, you,
your child and, if applicable, his or her attorney must appear before
the judge to answer the charges in the complaint.

CAN I ARRANGE FOR BAIL?
No, bail is not available for juveniles.

WHAT HAPPENS NEXT?
Court personnel will review the matter and determine how the case
will be handled.
HOW CAN THE COURT PROCESS MY CHILD’S CASE?
The court makes decisions on how cases are handled based on
the nature and seriousness of the offense, age of your child, any
prior record, and willingness of parties to cooperate. Cases are
handled in one of the following ways.
A. Juvenile Conference Committee (JCC) or Intake Services
Conference (ISC)
B. Juvenile referee/Informal court
C. Judge/Formal court


A. Juvenile Conference Committee
or Intake Services Conference
A delinquency complaint can be referred to a Juvenile Conference
Committee or Intake Services Conference. A Juvenile Conference
Committee is a trained citizen volunteer panel appointed by the
court. An Intake Services Conference is conducted by a Judiciary
staff person. The parent, the juvenile and the person who filed the
complaint are invited to discuss the offense and other related
factors. The committee or intake officer does not have the
authority to determine delinquency. This is an informal discussion
of the events and all parties must be in agreement. Attorneys are
not required. There is no chance of your child being sent away to a
juvenile facility. The disposition recommendations will be placed
on an agreement/court order signed by your child, you as his or her
parent/legal guardian, and the person who filed the complaint. This
agreement will then be forwarded to the judge for final approval.
The resolution of the case can include conditions such as curfew,
counseling, evaluation, community service, restitution, or any
condition that will aid in your child's rehabilitation. If the parties do
not agree to the proposed conditions, the terms can be discussed
and changed to all parties’ satisfaction. If all agree to the
conditions, a juvenile conference committee or intake staff person
will monitor the completion of the conditions. If the parties cannot
come to an agreement, the case may be sent back to the judge.
Upon successful completion of the agreed-upon conditions, the
case is dismissed. However, If your child fails to complete the
conditions or new complaints are signed prior to dismissal, the
original complaint will go back to court to be heard by a judge.

B. Juvenile Referee/Informal Court
A juvenile referee conducts a hearing at which your child will be
expected to admit or deny that he or she did what is alleged in the
complaint. If necessary, the juvenile referee will make a finding of
the facts and a determination of delinquency. The referee will
make a recommendation to the judge regarding the finding and
disposition. Dispositions that the referee recommends are subject
to approval by the judge and include those available in matters
handled by a judge with the exception of out-of-home placement. If
you disagree with the findings of the juvenile referee, you must tell
the referee immediately at the end of the hearing before the
findings and recommendations are sent to the judge.

C. Judge/Formal Court Calendar
A judge oversees the court hearing. At this hearing, your child will
be expected to enter a plea admitting or denying the charge.
These court cases are placed on the judge’s informal calendar or
on the formal calendar. If the case is on the informal calendar, also
known as counsel non-mandatory, your child may have a lawyer,
but it is not a requirement. If the case is on the formal calendar,
also known as counsel-mandatory, you must hire a lawyer. If you
cannot afford one, you will be advised to complete a 5A form to
determine eligibility for a public defender. Public defender
representation for juveniles facing delinquency charges is not free,
and you may be billed for services performed by the public
defender’s office. You should talk to your child’s public defender
about what your financial obligations will be.
If you do not apply for a public defender or do not qualify, a lawyer
will be assigned to represent your child. You will be required to pay
the lawyer at the end of the case. If the facts in the case are
disputed, the judge will decide the case. If the judge finds your
child delinquent, the judge will impose a disposition in accordance
with New Jersey law. If you disagree with the judge’s decision, you
can file an appeal within 45 days.

The court can order any disposition to aid in your child’s
rehabilitation and to reinforce your child’s accountability including
fines, community service and/or a term of supervision such as
probation, deferred disposition, or a period of confinement.
Probation offers juveniles the opportunity to remain in the
community under supervision by a probation officer who oversees
their compliance with rules and conditions imposed by the judge.
Probation can last for a period of up to three years. If your child
does not obey the conditions of probation, there will be
consequences such as increased probation reporting or a curfew
and your child could be charged with a violation of probation
(VOP). If all conditions are met and your child shows significant
progress, your child may earn an earlier end to the probation term.
In some instances, formal disposition can be deferred or delayed
for up to one year. During this period, your child must complete
any special conditions ordered by the judge and must not be
charged with a new offense. If he or she meets all conditions
during the deferral period, the complaint will be dismissed. If
conditions are not met, the original complaint will go back to court
and be heard by the judge.

In addition, for cases on the formal counsel mandatory calendar
only, the judge also has the option to order a period of confinement
in a juvenile detention facility, incarceration in a correctional facility
for youth, out-of-home placement, or a clinical residential treatment
or residential drug and alcohol treatment program. Although the
judge has the power to confine or incarcerate your child, this does
not mean that the judge will choose this as an option if your child is
found delinquent. The judge must order a pre-disposition report to
be completed by a court officer. This report will help the judge
determine the appropriate disposition. When there is a chance of
incarceration, your child must be represented by an attorney, and
you may direct questions to the attorney.

WHAT HAPPENS IF MY CHILD AND I CANNOT KEEP
A COURT DATE?
Notice of court dates will be given to you in advance. You, your
child or your child’s lawyer, if he or she has one, must notify the
court when your child cannot appear. If the court is not notified, the
judge can issue a warrant for your child’s arrest.

CAN MY CHILD OR I PRESENT WITNESSES?
Juvenile Conference Committee/Intake Services Conference: Yes,
you can invite witnesses, but witnesses are not required. Contact
the phone number listed on your notice for information or the
Juvenile Intake Unit for your county

Juvenile referee/Informal court: Yes, you can present witnesses.
Contact the juvenile team leader at the telephone number listed on
the court notice for information.
Judge/Formal court: Yes, please consult with your child’s lawyer.

WHAT HAPPENS AT THE HEARING?
If the judge finds that your child has committed the offense(s)
charged, the judge will enter a finding known as an adjudication
and make a decision known as entering a disposition.

WHAT DISPOSITIONS OR CONSEQUENCES CAN THE
COURT IMPOSE ON MY CHILD?
The dispositions and consequences that the court could impose on
your child in order to rehabilitate him/her and prevent future
delinquency include but are not limited to:
• adjourned disposition;
• community service;
• diversion;
• fines;
• probation;
• release to parent or guardian;
• required support services;
• required parental involvement;
• residential mental health and/or substance abuse and
alcohol treatment;
• restitution;
• transfer of custody;
• secure confinement/incarceration;
• suspension of driver’s license; and
• work, outdoor, academic, and/or vocational programs.
In some types of juvenile cases, there are mandatory dispositions,
and in some types of offenses, such as certain drug-related
matters, fines must be imposed by the court.


DOES MY CHILD HAVE THE RIGHT TO APPEAL?
If your child disagrees with the outcomes of the case, he or she has
the right to appeal the findings of the court within 45 days of the
final court order. Information on appeals can be found on the
Judiciary Web site at www.njcourts.com.

CAN A JUVENILE RECORD BE EXPUNGED?
For certain juvenile matters, expungement is permitted if five years
have passed since the final discharge of the person from legal
custody or supervision or if five years have passed since the entry
of any other court order not involving custody or supervision.
Certain offenses may not be expunged. For general information
regarding expungements, visit the Judiciary’s Web site at
www.judiciary.state.nj.us/prose/10557_expunge_kit.pdf, and for
information relating to your child’s specific case, consult an
attorney.

ARE JUVENILE COURT RECORDS CONFIDENTIAL?
Under New Jersey law, juvenile records are available only to
certain judicial, law enforcement, and governmental agencies as
specified in N.J.S.A. 2A:4A-60. Any other agency or person can
only have access to the records by making a motion before a judge
for good cause. You should be aware that the charge, adjudication,
and disposition information is available to victims, law enforcement
agencies, and schools. Further, if your child applies for certain
types of military, government, or law enforcement services, he or
she may be asked to disclose his or her juvenile record.

WILL THERE BE A RECORD OF MY CHILD’S
FINGERPRINTS AND DNA?
Yes, in most cases there will be a record of your child's fingerprints
and DNA. Juveniles who are found to be delinquent for an act that
if committed by an adult would be a crime by law must provide
fingerprints and a DNA sample. You should ask your child’s lawyer
about your child’s situation.


REMINDERS
• You should always make certain that the court
system in addition to your child’s attorney has your
correct address and telephone number. Contact the
number listed on the court notice or the Juvenile
Intake Unit listed on page 12 to advise of any changes
to your child’s address and/or telephone number.
• If you think that you or your child has been treated
unfairly or disrespectfully, you can contact the family
division manager or ombudsman.
• The vicinage ombudsman is also available to assist
with related concerns and questions. Contact
information is listed on page 12 of this publication.
At any time during a juvenile justice proceeding,
your child has the right to legal representation.


GLOSSARY


TERM DEFINITION
adjudication- A determination by a judge that a
juvenile has or has not committed the
charge(s) listed in the complaint.
allegation An accusation included on the
complaint form. When your child is
alleged to have committed an offense,
the state is required to prove that the
allegation is true.

complaint -A document filed with the court
accusing a person of a crime or
violation of the law. The complaint
contains the charge made against your
child.

counsel-mandatory
hearing
A court appearance in which the law
requires your child to have a lawyer.
This also is known as a formal hearing.

counsel nonmandatory
hearing
A court appearance in which the law
does not require your child to have a
lawyer, although it is always advisable
to consult with a lawyer. This also is
known as an informal hearing.
delinquency An act by a juvenile under the age of 18
that if committed by an adult would
constitute a crime, a disorderly persons
offense, a petty disorderly persons
offense, or a violation of any other
statute, ordinance, or regulation.
diversion or diverted
complaint
The reviewers of the complaint have
determined that the charge is not
serious enough to require going before
a judge or juvenile referee, so the
matter is sent to an alternative program
such as a Juvenile Conference
Committee for potential resolution.


formal court hearing- A court appearance in which the law
requires your child to have a lawyer.
This also is known as a counselmandatory
hearing.
informal court hearing A court appearance in which the law
does not require your child to have a
lawyer, although it is always advisable
to consult with a lawyer. This also is
known as a counsel non-mandatory
hearing.
incarceration Your child is confined in a juvenile
detention facility or youth correctional
facility.

waiving a right/waiver
of a right
Giving up the right to a process or
procedure such as a hearing.
waiver to be tried as
an adult
The transfer of a juvenile delinquency
charge to criminal court for processing
as an adult.
warrant A court order instructing the police to
pick up and transport your child to a
detention center, shelter or to the
courthouse for a hearing.
disposition A court-ordered outcome or resolution
to a case for juveniles is called a
disposition and for adults is called a
sentence.
detained or
in detention
Your child is being held in a detention
center or in a shelter facility.
public defender A defense attorney who can be
assigned to represent your child.
Public defender representation for
juveniles facing delinquency charges is
not free, and you may be billed for
services performed by the public
defender’s office.

Source: http://www.judiciary.state.nj.us/family/juvenilebooklet.pdf
COUNTY Family Division,
Superior Court
Juvenile Intake
Unit Ombudsman
Atlantic (609) 345-6700
x3451
(609) 345-6700
x3318 or 3305
(609) 345-6700
x3346
Bergen (201) 527-2501 (201) 527-2323 (201) 527-2734
Burlington (609) 518-2691 (609) 518-2680 (609) 518-2530
Camden (856) 379-2331 (856) 379-2200
x3651 (856) 379-2238
Cape May (609) 345-6700
x3451 (609) 463-6612 (609) 345-6700
x3346
Cumberland (856) 453-4580 (856) 453-4544 (856) 453-4538
Essex (973) 693-6667 (973) 693-6775 (973) 693-5728
Gloucester (856) 453-4580 (856) 686-7430 (856) 453-4538
Hudson (201) 795-6779 (201) 795-6745 (201) 217-5399
Hunterdon (908) 231-7617 (908) 237-5926 (908) 203-6131
Mercer (609) 571-4379 (609) 571-4390 (609) 571-4205
Middlesex (732) 519-3266 (732) 519-3266 (732) 519-3344
Monmouth (732) 677-4304 (732) 677-4091 (732) 677-4209
Morris (973) 656-4307 (973) 656-4308 (973) 656-3969
Ocean (732) 929-2042 (732) 929-4717 (732) 288-7212
Passaic (973) 247-8459 (973) 247-8459 (973) 247-8651
Salem (856) 453-4580 (856) 935-7510 (856) 453-4538
Somerset (908) 231-7617 (908) 231-7637 (908) 203-6131
Sussex (973) 656-4307 (973) 579-0615 (973) 656-3969
Union (908) 659-5800 (908) 659-5860 (908) 659-4646
Warren (908) 231-7617 (908) 475-6167 (908) 203-6131