Rule 5:16-1.Standards for Taking Into Custody
Last amended December 31, 1983 · Current through September 1, 2026 · Last verified September 8, 2026
Full Text of Rule 5:16-1
Amendment History
New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.
Note: Source--new. Adopted December 20, 1983, to be effective December 31, 1983.
Plain-English Summary
The rule applies except where delinquent conduct is alleged. Within that limit an officer may take a juvenile into short-term custody, not to exceed six hours, on three grounds: reasonable grounds to believe the juvenile's health and safety are seriously in danger and immediate custody is necessary for their protection; reasonable grounds to believe the juvenile has left the home and care of parents or guardian without their consent; or notification from an agency legally charged with the juvenile's supervision that they have run away from an out-of-home placement.
One case is routed elsewhere. Where there are reasonable grounds to believe the juvenile is an abused or neglected child within the meaning of the statute, that law governs instead.
The last two sentences do the most work. Taking a juvenile into custody under this rule is not to be construed as an arrest — it is deemed a measure to protect the juvenile's health, morals and well-being. And a juvenile taken into short-term custody may not be detained in a detention facility or jail. A child in crisis is not a child in trouble with the law, and the rule refuses to let the two become the same thing.
Frequently Asked Questions
How long can a juvenile be held in short-term custody?
Not more than six hours.
Is being taken into short-term custody an arrest?
No. The rule provides that it shall not be construed as an arrest but is deemed a measure to protect the juvenile's health, morals and well-being.
Can the juvenile be held in a jail or detention centre?
No. A juvenile taken into short-term custody shall not be detained in a detention facility or jail.
When can an officer take a juvenile into short-term custody?
Where there are reasonable grounds to believe the juvenile's health and safety are seriously in danger and immediate custody is necessary for their protection; or that the juvenile has left home without a parent's or guardian's consent; or where a supervising agency reports the juvenile has run away from an out-of-home placement.