Rule 5:16-2.Procedure Following Custody
Last amended September 1, 1994 · Current through September 1, 2026 · Last verified September 8, 2026
Full Text of Rule 5:16-2
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; paragraphs (b) and (d)(1), (d)(2), and (d) (4) amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
The first obligation is immediate notification of the juvenile's parents or guardian. The second is explanation and, where possible, a ride home: the officer tells the juvenile why they are in custody and transports or arranges transport home, then informs the parents and the crisis intervention unit of the reason — and may point the family to appropriate services if more are needed.
Where home is not the answer, the officer may take the juvenile to a relative or another responsible adult, provided they reasonably believe the child will get adequate care and supervision and will stay there until the crisis intervention unit can arrange a return home or an alternative living arrangement. The unit must be notified immediately.
Seven situations require handing the juvenile to the crisis intervention unit instead: where the officer believes returning the juvenile home is not in the juvenile's or the family's best interests; where the juvenile lives in another county and no arrangements can be made; where the juvenile lives in another state; where the juvenile has run from a placement and refuses to go home, or past behaviour shows they cannot remain there; where no parent, relative or other appropriate person can be identified or located despite all reasonable efforts; where the juvenile needs immediate emergency medical or psychiatric care; or where no identification can be obtained from the juvenile at all.
Frequently Asked Questions
Must the officer call the parents?
Yes. An officer taking a juvenile into short-term custody must immediately notify the juvenile's parents or guardian.
Can the juvenile be taken somewhere other than home?
Yes — to the home of a relative or another responsible adult, where the officer reasonably believes the child will receive adequate care and supervision and will remain there until the crisis intervention unit can arrange a return home or an alternative living arrangement.
When must the juvenile be brought to the crisis intervention unit?
In seven situations, including where returning the juvenile home is not in their or the family's best interests, where the juvenile lives in another county or state, where they have run from a placement and refuse to go home, where no parent or appropriate adult can be located, where emergency medical or psychiatric care is needed, or where no identification can be obtained.