Jersey tribunal lacked jurisdiction to adjudge her
delinquent. Nevertheless, the court noted that a New
Jersey Juvenile Court would have jurisdiction over a
youth who commits an offense in the state or is present
therein for a prolonged period.
III. CUSTODY (ARREST)
A. Delinquency Cases
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.
N.J.S.A. 2A:4A-31; R. 5:21-1. Nevertheless, a juvenile
may be taken into custody pursuant to a warrant, or,
without a warrant, pursuant to the “laws of arrest and the
Rules of Court.” N.J.S.A. 2A:4A-31; see R. 5:21-1 (upon
probable cause to believe he is delinquent).
Despite the fact that an adult disorderly person or
violator of a local ordinance may only be arrested without
a warrant where the offense is committed in the arresting
officer’s presence, no such “in presence” requirement
exists with regard to juveniles charged with acts of
delinquency, regardless of the nature of the underlying
charge. Thus, a juvenile may be taken into custody
without a warrant, based solely upon the existence of
probable cause to believe that he committed an act of
delinquency. State in the Interest of J.B., 131 N.J. Super.
6, 17-20 (J. & D.R. Ct. 1974).
R. 5:21-1 specifies that a law enforcement officer
taking a juvenile into custody shall file a complaint
“immediately.” Nevertheless, where the juvenile is
released virtually immediately thereafter and is not
subject to further predisposition detention, the officer’s
failure to comply with the “forthwith” directive [of prior
R. 5:8-2(e)] is not ipso facto fatal to the further
prosecution of the charges. State in the Interest of H.M.T.,
159 N.J. Super. 104 (App. Div. 1978).
Any person taking a juvenile into custody (for
delinquency or short-term) must immediately notify the
parents or guardian. N.J.S.A. 2A:4A-33; R. 5:16-2; R.
5:21-1.
B. Short-Term Custody
Except where delinquent conduct is alleged, a
juvenile may be taken into short-term custody by a law
enforcement officer, without a warrant, when there are
reasonable grounds to believe the health and safety of the
juvenile are seriously in danger or that the juvenile has left
home without consent, or when the juvenile has run away
from an out of home placement. N.J.S.A. 2A:4A-31; R.
5:16-1. A juvenile cannot be held for more than six hours
and, where possible, should be transported home or to
the home of a responsible adult. N.J.S.A. 2A:4A-32; R.
5:16-1. Short-term custody is intended to serve as
protection of the juvenile.State in the Interest of J.G., 227 N.J. Super. 324 (Ch.
Div. 1988), held that a police officer had the authority to
take a juvenile into short-term custody without a warrant
based on mother’s statement that the juvenile had left the
home without parental consent, that there was a serious
conflict between the parent and juvenile, that the
juvenile was already under a “one-year rule” (see N.J.S.A.
2A:4A-43b(1)) and that the juvenile had been using
drugs and drinking alcohol.IV. DETENTION
A juvenile charged with delinquency may be released
on his own recognizance. N.J.S.A. 2A:4A-35; R. 5:21-2.
Where it will not adversely affect his health, safety, or
welfare, a juvenile shall be released pending disposition of
a case to a responsible person or agency. N.J.S.A. 2A:4A-
34; R. 5:21-2. No juvenile may be placed in detention
without permission of a judge or court intake service.
N.J.S.A. 2A:4A-34. No juvenile 11 years old or younger
may be placed in detention unless charged with an
offense (if committed by an adult) which would
constitute a crime of the first or second degree or arson.
If the juvenile is not subsequently released by intake
personnel at the detention facilities, a detention hearing
is scheduled by the following morning, where the court
will determine in accordance with statutory criteria
whether the juvenile may be retained in detention
pending disposition of the case. N.J.S.A. 2A:4A-34; R.
5:21-3; R. 5:21-5. If a juvenile is detained, a probable
cause hearing must be conducted, as well as periodic
detention review hearings. N.J.S.A. 2A:4A-38; R. 5:21-
3.Schall v. Martin, 467 U.S. 253, 104 S.Ct. 2403
(1984).Section 320.5(3)(b) of the New York Family Court Act
authorizes pretrial detention of an accused juvenile
delinquent based on a judicial finding that there is a
“serious risk” that the juvenile “may before the return
date commit an act which if committed by an adult
would constitute a crime.” The United States Supreme
Court held that preventive detention under this standard
served a legitimate state objective of protecting both the