In State in the Interest of C.K., 198 N.J. Super. 290
(App. Div. 1984), a delinquency prosecution for joy
riding and criminal mischief, the State presented a case
based on the testimony of one of the juvenile
coparticipants and a stipulation which identified the
owner of each vehicle and the amount of damage caused.
Following presentation of all evidence and summations,
the court entered not guilty findings on the technical
ground that the stipulation did not expressly state that
the vehicles identified as damaged in the stipulation were
the ones which had been damaged in the parking lot.
Upon the prosecutor’s vehement objection to this
decision and request for a continuance to subpoena the
victims, the court acceded. Thereupon, the stipulation
was immediately amended, and the court found the
juvenile guilty of all charges. The Appellate Division
reversed on double jeopardy grounds, finding that the
trial court’s entry of findings of not guilty, whether fair
or erroneous, reflected an adjudication on the merits
which barred further prosecution.
In State in the Interest of A.H., 304 N.J. Super. 34 (Ch.
Div. 1997), complaints charging a 14 year old juvenile
with conduct which would constitute criminal trespass
and mischief were administratively screened and
scheduled for a “trial/non-mandatory counsel” proceed-
ing before a referee appointed pursuant to R. 5:25-2. The
matter was prosecuted by the complainant’s privately
retained counsel. The record consisted solely of sworn
testimony by the complainant. The referee made a
recommendation of innocence (dismissal) at the
conclusion of this diversionary, informal proceeding
subject to the acceptance of the recommendation by the
court. Complainant appealed seeking a formal hearing de
novo. On the juvenile’s motion to dismiss, the Family
Part judge ruled that double jeopardy did not bar the
appeal and that the review would be de novo and not
limited to the record below.
M. Amendment of Complaint
In State in the Interest of W.E.C., 81 N.J. 442 (1979),
the Juvenile Court did not err in allowing the State, just
prior to commencement of the adjudicatory hearing, to
amend the delinquency complaint so as to change the
charge from simple assault and battery to assault and
battery upon a police officer. This decision was based on
the fact that the amendment did not charge the juvenile
with another or different offense from that alleged in the
original complaint, and the juvenile was not prejudiced
thereby in his defense on the merits.
N. Victims RightsState in the Interest of O.G., 274 N.J. Super. 182 (Ch.
Div. 1993). In applying the provisions of the Crime
Victims Bill of Rights to victims of juvenile offenders, the
Family Part held that the victim of a crime for which a
juvenile has been adjudicated delinquent may personally
address the court prior to sentencing of that juvenile. (See
also N.J.S.A. 2A:4A-60i, which was amended in 1994, to
expressly provide that the court “shall permit a victim, or
a family member of a victim to make a statement prior to
ordering a disposition in any delinquency proceed-
ing....”)O. Right to EducationState ex rel. G.S., 330 N.J. Super. 383 (Ch. Div.
2000), held that the State has a constitutional obligation
to provide an education to a juvenile who has been
adjudicated delinquent and placed on probation, even
though his local school district has expelled him. Here,
a juvenile was adjudicated delinquent for participating in
the making of a false bomb threat call to his school by
serving as a “lookout” for students placing the call. He
was placed on probation, a condition of which was regular
school attendance, with passing grades and attainment of
a high-school diploma. Meanwhile, he was also expelled
from school by the local school district in accord with its
“Zero Tolerance” policy for bomb threats. Despite the
proper expulsion from school of a juvenile adjudicated
delinquent, however, he nonetheless retains his state
constitutional right to further public education, which
may be ordered by the Family Part. Here the State is
ordered to provide an alternative school program.VIII. JUVENILE RECORDS AND INFORMA-
TION
A. Confidentiality/Disclosure of Juvenile Information- Generally
N.J.S.A. 2A:4A-60 governs the confidentiality and
disclosure of social, medical, psychological, legal and
other court and probation records, as well as law
enforcement records, pertaining to juveniles charged as a
delinquent or found to be part of a juvenile-family crisis.
These records must be “strictly safeguarded from public
inspection” and will only be available without court order
to statutorily designated persons or agencies such as the
court, prosecutor, parents and attorney of the juvenile,
institution where the juvenile is committed, the Juvenile
Justice Commission and, in a limited capacity, to the