Rule 5:22-5.Remand to the Family Part

Last amended September 1, 2016 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:22-5 lets a waived case be sent back to the Family Part — by consent on two findings, or automatically where the juvenile is convicted only of a non-waivable offense.

Full Text of Rule 5:22-5

Text sizeJump to: (a) (b)

(a) Remand with Consent of Parties. With the consent of the juvenile defendant and the prosecutor, at any point in the proceedings subsequent to the decision ordering waiver, the Criminal Division may remand to the Family Part if it appears that:

(1) the interests of the public and the best interests of the juvenile require access to programs or procedures uniquely available in the Family Part; and

(2) the interests of the public are no longer served by waiver.

(b) Remand for Conviction of Non-Waivable Offense. If a juvenile is not convicted of an offense set forth in N.J.S.A. 2A:4A-26.1(c)(2), a conviction for any other offense shall be deemed a juvenile adjudication and be remanded to the Family Part for disposition, in accordance with the dispositional options available to the Family Part and all records related to the act of delinquency shall be subject to the provisions of section 1 of P.L. 1982, c.79 (C.2A:4A-60).

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: Adopted August 1, 2016 to be effective September 1, 2016.

Plain-English Summary

Waiver is not always final. With the consent of both the juvenile and the prosecutor, at any point after the waiver decision, the Criminal Division may remand to the Family Part if two things appear: that the interests of the public and the best interests of the juvenile require access to programmes or procedures uniquely available in the Family Part, and that the interests of the public are no longer served by waiver.

The second route needs nobody's consent. If the juvenile is not convicted of an offense on the waivable list, a conviction for any other offense is deemed a juvenile adjudication and is remanded to the Family Part for disposition, using the dispositional options available there.

That matters beyond the sentence. All records relating to the act of delinquency then fall under the juvenile records statute — so the confidentiality that waiver had removed is restored along with the jurisdiction.

Frequently Asked Questions

Can a waived case come back to the Family Part?

Yes. With the consent of the juvenile and the prosecutor the Criminal Division may remand if the interests of the public and the best interests of the juvenile require access to programs or procedures uniquely available in the Family Part, and the interests of the public are no longer served by waiver.

What if the juvenile is convicted of a lesser offense?

If the juvenile is not convicted of an offense set forth in the waiver statute, a conviction for any other offense is deemed a juvenile adjudication and is remanded to the Family Part for disposition.

Do the records stay public after a remand?

On a remand for conviction of a non-waivable offense, all records related to the act of delinquency become subject to the juvenile records confidentiality statute.

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. 5:22-5). 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: remand to family partreverse waiverjuvenile adjudication after conviction