Rule 5:21-1.Taking Into Custody, Initial Procedure
Last amended September 1, 2023 · Current through September 1, 2026 · Last verified September 8, 2026
In one sentenceRule 5:21-1 provides that taking a juvenile into custody is not an arrest, requires immediate notice to the parents, and routes any detention through a prosecutor-reviewed complaint-warrant and a screening tool.
(a)General. The taking of a juvenile into custody shall not be construed as an arrest but shall be deemed a measure to protect the health, morals and well-being of the juvenile, and the person taking the juvenile into custody shall immediately notify the juvenile's parents, guardian, or other custodian.
(b)Juvenile in Custody. A law enforcement officer may take a juvenile into custody without process when the officer has probable cause to believe that the juvenile is delinquent as defined by N.J.S.A. 2A:4A-23. When a juvenile has been taken into custody for delinquency and detention is being considered, law enforcement shall immediately apply for a complaint-warrant as provided by R. 5:20-1. When a juvenile is taken into custody pursuant to this paragraph, the procedure set forth in paragraph (d) of this Rule shall be followed.
(c)Juvenile Not in Custody. When a juvenile is not in custody and law enforcement is seeking to detain the juvenile for a delinquent act, law enforcement must apply for a complaint-warrant as provided by R. 5:20-1. The draft complaint-warrant shall be reviewed by the County Prosecutor or an assistant prosecutor prior to seeking permission of the court to take the juvenile into custody. The court shall determine, in the presence of the County Prosecutor or assistant prosecutor, whether there is sufficient evidence of probable cause that the juvenile committed the act of delinquency and whether the severity of the offense justifies bringing the juvenile into custody. If the court finds no probable cause, a complaint shall not be issued. If the court finds probable cause but denies the request to take the juvenile into custody, the matter may proceed as a complaint-summons. If the court finds probable cause and authorizes law enforcement to take a juvenile into custody, a complaint-warrant shall be issued, and the procedure set forth in paragraph (d) of this Rule shall be followed.
(d)Request for Detention. When a juvenile has been taken into custody, law enforcement must contact court intake services pursuant to N.J.S.A. 2A:4A-34. Court intake services shall complete a juvenile detention screening tool in a form prescribed by the Administrative Director of the Courts to assist in the determination of whether to detain or to release the juvenile. If detention is authorized, a complaint-warrant shall be issued. If detention is not authorized, a complaint-summons may be issued.
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--R. (1969) 5:8-2(a) (first and second sentence), (e). Adopted December 20, 1983, to be effective December 31, 1983; amended July 13, 1994 to be effective September 1, 1994; existing text amended and designated as paragraph (a) with caption added, new paragraphs (b), (c), (d) caption and text adopted August 4, 2023 to be effective September 1, 2023.
Plain-English Summary
The framing sentence is the same one that opens the short-term custody rule in Chapter III: taking a juvenile into custody shall not be construed as an arrest but is deemed a measure to protect the juvenile's health, morals and well-being. Whoever takes the juvenile in must immediately notify the parents, guardian or other custodian.
An officer with probable cause to believe a juvenile is delinquent may take them into custody without process. But if detention is then being considered, law enforcement must immediately apply for a complaint-warrant.
Where the juvenile is not already in custody and law enforcement wants to detain them, the sequence is deliberately layered. The draft complaint-warrant is reviewed by the County Prosecutor or an assistant before the court is asked for permission. The court then determines, in the prosecutor's presence, both whether there is sufficient evidence of probable cause and whether the severity of the offense justifies bringing the juvenile into custody at all — two separate questions. No probable cause means no complaint issues. Probable cause without justification for custody means the matter proceeds as a complaint-summons instead.
Once a juvenile is in custody, law enforcement contacts court intake services, which completes a juvenile detention screening tool in the prescribed form to help decide whether to detain or release. Authorised detention produces a complaint-warrant; unauthorised detention leaves a complaint-summons.
Frequently Asked Questions
Is a juvenile taken into custody under arrest?
No. The rule provides that taking a juvenile into custody shall not be construed as an arrest but is deemed a measure to protect the health, morals and well-being of the juvenile.
Do the parents have to be told?
Yes — immediately. The person taking the juvenile into custody must immediately notify the juvenile's parents, guardian or other custodian.
What if the court finds probable cause but does not authorise custody?
The matter may proceed as a complaint-summons.
How is the decision to detain made?
Court intake services completes a juvenile detention screening tool in a form prescribed by the Administrative Director of the Courts to assist in determining whether to detain or release the juvenile.
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. 5:21-1). 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:taking a juvenile into custodydetention screeningcomplaint-warrantnot an arrestprobable cause juvenile