Frequently Asked Questions

You Have Questions, we have answers

Your child has had a formal complaint signed against him/her and charged with “delinquency”. The complaint describes the facts that your child allegedly committed and the violation of the law that he/she is being charged with. You will receive a copy of the complaint. If your child is required to have an attorney, you will be required to retain one. If you cannot afford to do so, you will need to fill out a 5-A application to determine if you are eligible for a Public Defender. However, if you do not qualify for a Public Defender, you must hire a private attorney.

The court will provide a Uniform Defendant Intake, or “5A Form,” which is the application for representation by a public defender.  This form asks for information about a defendant’s residence, criminal history, employment history and financial status. It seeks to weigh the defendant’s income and assets against his or her expenses and debts to determine if the defendant meets the indigency standards to qualify for a public defender.  The defendant will also be asked if he or she requires an interpreter and, if so, for what language. Family Court Juvenile Delinquency cases are eligible for a public defender (parents are financially responsible)

A juvenile is a person under the age of 18. “Delinquency” is an act that would be a crime, an offense or a violation, if the act had been committed by an adult. When a juvenile commit one of these acts, it is called ”delinquency”. A juvenile who violates a court order commits an act of delinquency.

Curbside Warnings are encouraged as an appropriate law enforcement response. It is a verbal warning. This is the first alternative to custody and charging; It is a verbal warning. It is the first alternative to custody and charging for minor juvenile activity that does not warrant a charge or taking a juvenile into custody. It may also be issued for activity that is dangerous or disruptive, but not necessarily illegal.

Station House Adjustment allows police officers to resolve minor disputes without the need to file a complaint with the court. A police officer can ask the parent, guardian, or caregiver of the youth, and the victim, if willing, to come to the station house to discuss the offense. The youth and the parent or guardian or caregiver is asked to assure the officer that the youth will not commit any future offenses. The police officer may refer a child to a variety of services, and, if property has been stolen or damaged, require the youth to make restitution in some form. Sometimes community service and written essays are required.

In each county, the referral process and the Enhanced SHA Program vary slightly. However, in general, upon taking a youth into custody and determining that the youth is appropriate for the Enhanced SHA Program, the police complete a referral form and fax it to the Family Crisis Intervention Unit (FCIU). Upon receiving the referral form, the FCIU case worker reaches out to the family within 48 hours to schedule a meeting. At the meeting, the case worker meets with the youth and family to conduct a basic intake assessment, discuss the reason for the referral, and develop a case plan to address the presenting issues. Typical services include 6-8 counseling sessions provided by the FCIU and/or referrals to other community-based service providers with monitoring. Once the services have been successfully delivered, or, if after multiple attempts the FCIU is unable to engage the youth/family in the delivery of services, the FCIU sends a letter closing out the case to the referring police officer.

Any Youth who has been arrested for an ordinance violation or petty disorderly persons offense may be eligible, and in some cases youth with no prior record may be considered even with a fourth-degree offense. Youth with more serious charges, or that are on probation, or have charges already filed are not eligible for Station House Adjustment.

Most juvenile complaints are signed by the police either based on personal knowledge or information supplied by others. Complaints may also be signed by school officials and/or victims of crimes. In cases of Contempt of Court or Violations of Probation, the complaint is signed by the youth’s Probation Officer.

A decision is made by the Court as to whether the complaint will be diverted or be heard by a Juvenile Referee or a Superior Court Judge. The decision as to whether to divert or refer to court is based on the nature of the offense, age of the youth, prior record, willingness of parties to cooperate and victim input.

When a case is diverted the court has decided upon utilizing diversion procedures established by the court and utilized in select first and second offenses of a minor nature. Court diversion procedures occur after delinquency complaints have been signed and filed with the court.

A Juvenile Conference Committee is a trained group of citizens that volunteer to participate on a panel. All members of the panel are appointed by the Presiding Judge of the Family Division. This volunteer panel acts as an arm of the Court. The parent, the youth and the complainant/victim are invited to voluntarily discuss with the Committee the offense and other related factors. The committee does not have the authority to determine guilt or innocence. This is an informal discussion of the events and all parties must be in agreement with the handling of the case. The Committee considers the facts and then makes a recommendation for a resolution that aids in the youth’s rehabilitation. A resolution will be proposed which may include conditions such as curfew, counseling, evaluation, community service, restitution or any recommendation which will aid in the youth’s rehabilitation. If all participants (the parent, the youth, the complainant- victim and the Juvenile Conference Committee) agree on the proposed recommendation, an agreement is signed which will include a set time frame for completion of any conditions imposed.

The Intake Service Conference is conducted by a Probation Officer in Family Court and operates in the same manner as the Juvenile Conference Committee, as to an informal agreement recommended by the Probation Officer hearing the case which may or may not include certain conditions to be completed during a specific time frame.

The Juvenile Referee is a person whose qualifications have been approved by the Supreme Court. This person may be a Judge or a Hearing Officer designated to oversee this informal proceeding. He/she will make a recommendation to the Juvenile Superior Court Judge regarding the conditions he/she feels are appropriate to set for your child. If you disagree with the Juvenile Referee, you must advise the Referee at the end of your hearing and the matter can be moved up and heard by a Judge at a Formal Court Hearing. If there is a dispute of the facts, at a Formal Court Hearing, the Judge will decide the case. If the Judge finds your child guilty, the Judge will impose a disposition. If you disagree with the Judge, you may file an appeal within 45 days.

Only a Judge may preside over a Formal Case. Your child must be represented by an attorney. If you cannot afford an attorney, you will need to fill out a Public Defender or 5-A application. Your child will be required to plead guilty or not guilty. If your child pleads not guilty, a trial will be scheduled. The Judge will make the final decision on whether your child is guilty or not guilty. If your child is found guilty, the Judge will also make a determination regarding the disposition or consequences. If you disagree with the Judge’s decision, you may file an appeal within 45 days.

You are always allowed to hire an attorney to represent your child at any Court appearance. However, in all Formal and Counsel Mandatory Court proceedings, your child must have an attorney. Other complaints do not require that an attorney be present. If there is a threat of incarceration, the Court will require that your child be represented by an attorney.

A child can be detained upon the signing of a complaint under appropriate circumstances. In determining whether detention is appropriate, the following factors must be considered: the health, safety and welfare of the youth, the nature and circumstances of the offense, the age of the youth, the youth’s ties to the community, the youth’s record of prior adjudications, if any, and the youth’s record of appearance or non appearance at previous Court proceedings.

An initial detention hearing must be held no later than the morning following the child’s placement in the detention facility. At the initial detention hearing, the first decision about releasing your child is made by a Judge. Factors include the health, safety and welfare of the youth, the physical safety of persons’ property and the community as well as the need to secure the presence of the youth at future court proceedings. A parent is expected to be at all hearings involving their child.

If the youth is not represented by an attorney at the initial detention hearing and if the Court continues the child’s detention after the hearing; the Court shall schedule a second detention hearing called a Probable Cause hearing, to be held within two court days. At that time the child must be represented by an attorney.

Probable Cause means the prosecutor must present enough evidence to prove to the Judge that the offense did happen and that there is “reason” to believe that your child was the one who committed this offense. If the Court is satisfied, the complaint will be listed for a hearing on the charges. The Judge will then decide whether to continue holding your child in detention.

A detention review hearing with counsel must be held within 14 court days of the prior detention hearing. Detention review hearings shall be held thereafter at intervals not to exceed 21 court days.

Detention Alternatives are options available to the Judge when deciding whether to detain your child in the Youth Detention Center. A Detention Alternative program allows for your child to be supervised within the community while charges are pending before the court. The primary goal of a detention alternative program is to provide supervision and ensure that youth appear in court and do not commit any new offenses. If your child is placed on a detention alternative, he or she will be supervised by the Detention Alternative Unit and will be required to follow specific guidelines as set forth in the program description. Non-compliance with a detention alternative program will result in your child being placed in the Youth Detention Center. Examples of a detention alternative can include but not limited to Electronic Monitoring of a youth, Home Detention, or provided with services and supervision through and Evening and Weekend Reporting Center.

Youth Services & Juvenile Detention Alternatives Initiative Acronym Glossary

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A

AA: Alcoholics Anonymous
AARP: American Association of Retired Persons
ABAWD: Able Bodied Adults without Dependents
ACLU: American Civil Liberties Union
ACOA: Adult Children of Alcoholics
ACODI: Advisory Council on Disability Issues
ADA: Americans with Disabilities Act
ADADS: Alcohol & Drug Abuse Data System
ADD: Attention Deficit Disorder
ADL: Activities of Daily Living
ADP: Average Daily Population
AEREF: Alcohol Education and Rehabilitation Enforcement Fund
AFDC: Aid to Families with Dependent Children
AFDM: Assistant Family Division Manager
AHA: Advanced House Arrest
AIDS: Acquired Immune Deficiency Syndrome
AIF: Adolescent Information Form (YSC)
AIP: Adolescent Intervention & Prevention Program (Cath. Char.)
ALOS: Average Length of Stay
AOA: Administration on Aging
AOC: Administration Officer of the Courts
A/P: Assistant Prosecutors
APS: Adult Protective Services
ARC: The ARC of (Blank) County
ARO: Admissions and Records Officer
ASAM: American Society of Addiction Medicine
ASFA: Adoption and Safe Families Act
ASI: Additions Severity Index
ATI: Alternative to Incarceration Day Program
ATOD: Alcohol Tobacco & Other Drugs
AWEP: Alternative Work Experience Program

B

BABES: Beginning Alcohol & Addiction Basic Education Studies
BAC: Bureau of Alcohol Counter Measures
BAC: Blood Alcohol Content
BOSS: Board Of Social Services
BW: Bench Warrant

C

CAC…………………………………………..Certified Alcohol Counselor
CADC………………………………………..Certified Alcohol & Drug Counselor
CAP…………………………………………..Child Assault Prevention
CAPS……………………………………….. Comprehensive Automated Probation System
CARF……………………………………….. Comm. for Accreditation of Rehab Facilities
CASA……………………………………….. Court Appointed Special Advocates
CASS………………………………………… County Alliance Steering Sub Committee
CAT…………………………………………. Communities Against Tobacco Coalition
CBC…………………………………………. Center Based Care
CBO…………………………………………. Community Based Organization
CBVI………………………………………… Commission for the Blind & Visually Impaired
CCAMC……………………………………. Commission on Child Abuse and Missing Children
CCIS…………………………………………. Children’s Crisis Intervention Services
CCPED……………………………………… Community Care Program for the Elderly & Disabled
CCR&R……………………………………..Child Care Resources & Referral .
CCYC…………………………………………County Council for Young Children
CDBG………………………………………. Community Development Block Grant
CDL…………………………………………. Commercial Driver’s License
CEAS……………………………………….. Comprehensive Emergency Assistance System
CEU…………………………………………. Continuing Education Units
CFA…………………………………………. Consolidated Funding Application (DMHS)
CIACC………………………………………. County Interagency Coordination Council
CIC…………………………………………… Children In Court
CIT…………………………………………… Counselor In Training
CMHC……………………………………… Community Mental Health Center
CMHS……………………………………… Center for Mental Health Services (federal)
CMI…………………………………………. Chronically Mentally Ill (adult)
CMO……………………………………….. Care Management Organization
CMS………………………………………… Certified MICA Specialist
CN…………………………………………… Certificate of Need
CODA………………………………………. Codependents Anonymous
COP…………………………………………. Chain of Plea
CPS………………………………………….. Certified Prevention Specialist
CSAP……………………………………….. Center for Substance Abuse Prevention
CSAT……………………………………….. Center for Substance Abuse Treatment
CSOC………………………………………. Children’s System of Care
CSP………………………………………….. Child Support Program
CSW………………………………………… Certified Social Worker
CWA………………………………………… County Welfare Agency
CWEP………………………………………. Community Work Experience Program

D

DA…………………………………………… Detention Alternatives
DARE……………………………………….. Drug Abuse Resistance Education
DAS…………………………………………. Division of Addiction Services
DAWN……………………………………… Drug Abuse Warning Network
DCA…………………………………………. Department of Community Affairs (New Jersey)
DCAP………………………………………. Deputy Assistant Prosecutor
DCBHS…………………………………….. Division of Child Behavioral Health Services
DCP&P…………………………………….. Division of Child Protection & Permanency
DDD………………………………………… Division of Developmental Disabilities
DDHH………………………………………. Division of the Deaf and Hard of Hearing
DEA…………………………………………. Drug Enforcement Administration
DEDR………………………………………. Drug Enforcement Demand Reduction (Alliance Funding)
DFD…………………………………………. NJ Division of Family Development (New Jersey)
DHS…………………………………………. NJ Department of Human Services (New Jersey)
DHSS……………………………………….. NJ Department of Health & Senior Services
DMAHS…………………………………. Division of Medical Assistance & Health Services
DMHS……………………………………… Division of Mental Health Services (under NJDHS)
DOC………………………………………… N.J. Department of Corrections
DOE…………………………………………. N.J. Dept. of Education
DOH………………………………………… Department of Health (New Jersey)
DOL…………………………………………. Department of Labor
DOT…………………………………………. Department of Transportation
DP…………………………………………… Dispositional Placement
DSM………………………………………… Diagnostic Statistical Manual of the American Psychiatric Association
DSMV……………………………………… Diagnostic and Statistical Manual (5th edition)
DUI………………………………………….. Driving Under the Influence
DV…………………………………………… Domestic Violence
DVR…………………………………………. Department of Vocational Rehabilitation
DWI…………………………………………. Driving While Intoxicated

E

EA: Emergency Assistance
EAP…………………………………………. Employee Assistance Program
EASB……………………………………….. Early Anti -Social Behavior
ECJDC……………………………………….Essex County Juvenile Detention Center
ED…………………………………………… Emotionally Disturbed
EIC………………………………………….. Earned Income (TAX) Credit
EM………………………………………….. Electronic Monitoring
ERC…………………………………………. Evening Reporting Center
ESL………………………………………….. English as a Second Language
ETS………………………………………….. Environmental Tobacco Smoke

F

FA……………………………………………. Families Anonymous
FACTS……………………………………… Family Automated Case Tracking System
FAS…………………………………………. Fetal Alcohol Syndrome
FCC………………………………………….. Family Child Care
FCIU………………………………………… Family Crisis Intervention Unit (Youth Services)
FCM………………………………………… Family Case Management
FDA…………………………………………. Food and Drug Administration
FDM……………………………………….. Family Division Manager
FDP…………………………………………. Family Development Program
FEMA……………………………………… Federal Emergency Management Agency
FSO…………………………………………. Family Support Organization
FTA…………………………………………. Failure to Appear (in court)
FY……………………………………………. Fiscal Year

Court Terminology

A description of terms you may hear in court.

Disclaimer** This is intended to serve as a general guide about the local juvenile justice process and resources that may be of assistance. It is not intended as legal advice and it may not address every question or be applicable to every individual circumstance. For any additional questions or concerns please contact us for additional resources that may not be listed.

A 5A application, which comes under Court Rule 5:3-4A, is made to the court by the family of the youth to determine if they qualify for a Public Defender.

A determination by a judge that a youth has or has not committed that charge(s) listed in the complaint.

Periodic review of youth cases which require legal representation and at which parents or legal guardians may be present. They can occur at any time during a case. The law requires a review is held within every 21 days if a youth is being held in the Youth Detention Center.

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

An act by a youth 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 statute, ordinance, or regulation.

A court-ordered outcome or resolution to a case for youth is called a disposition and for adults is called a sentence.

A youth’s declaration in open court that he/she is guilty or not guilty of the offense charged against them.

A defense attorney who has been contracted by the Office of the Public Defender to represent youth in court matters.

A defense attorney who can be assigned to represent your child. Public Defender representation for youth facing delinquency charges is not free, and you may be billed for services performed by the public defender’s office.

A hearing to determine that there is sufficient circumstances to believe that a juvenile committed a crime/offense. It is mandatory that this hearing is held within two court days after the retention hearing.

The initial appearance before a Superior Court Judge to advise the youth of the nature of the charges against him/her and the youth’s right to counsel (Lawyer, Attorney). The Judge will ask if the youth is represented by counsel and if not will offer the family the opportunity to file a 5A application for a Public Defender. Please note that families must file a 5A Application to determine whether they qualify for this service. All youth under the age of 18 MUST be represented by Legal Counsel in Juvenile Court.

The transfer of a juvenile delinquency charge to criminal court for processing as an adult.

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