Rule 5:17-2.Finding

Last amended January 1, 1987 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:17-2 has the court decide by a preponderance of the evidence whether a juvenile-family crisis exists, on everything the family and intake service present, and lets it hold further hearings if the information is thin.

Full Text of Rule 5:17-2

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When court intake service determines in accordance with R. 5:15-1 that a juvenile-family crisis may exist and that appropriate community services have been exhausted, it shall file a petition with the court for hearing. The court shall review the petition and either schedule a hearing or take other appropriate action. At the hearing the court shall consider all evidence presented by any family member and by the court intake service and shall determine whether a juvenile-family crisis as defined by law exists by a preponderance of evidence. If the court finds that there is insufficient information to allow a determination, it may continue the matter and hold one or more additional hearings.

End

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; amended November 5, 1986 to be effective January 1, 1987.

Plain-English Summary

The sequence starts with intake. Where court intake service determines that a crisis may exist and that appropriate community services have been exhausted, it files the petition. The court reviews it and either schedules a hearing or takes other appropriate action — so filing does not automatically produce a hearing.

At the hearing the court considers all the evidence presented by any family member and by the court intake service, and determines whether a juvenile-family crisis as defined by law exists. The standard is a preponderance of the evidence — the civil standard, consistent with a chapter that treats this as a family problem rather than an accusation.

The court is not forced to decide on an inadequate record. If it finds there is insufficient information to allow a determination, it may continue the matter and hold one or more additional hearings.

Frequently Asked Questions

What must the court find at a juvenile-family crisis hearing?

Whether a juvenile-family crisis as defined by law exists, by a preponderance of the evidence.

Whose evidence does the court consider?

All evidence presented by any family member and by the court intake service.

What if the court cannot decide?

If it finds there is insufficient information to allow a determination, it may continue the matter and hold one or more additional hearings.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court, Part V (N.J. Ct. R. 5:17-2). Prescribed by the Supreme Court of New Jersey. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: finding of crisispreponderance of the evidencecrisis determination