Rule 5:24-2.Predisposition Evaluation

Last amended September 1, 2007 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:24-2 lets the court order a predisposition examination only after adjudication or a finding that the evidence would support one, and requires counsel before any in-patient referral.

Full Text of Rule 5:24-2

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(a) Before disposition of any matter but only after an adjudication of delinquency or a determination by the court that the evidence is sufficient to support such an adjudication, the court may refer the juvenile to an appropriate individual, agency or institution on such terms as may be appropriate for examination and evaluation. Before the juvenile may be referred to any institution as an in-patient for such purpose, the court must first provide for the representation of the juvenile, the juvenile's parents, guardian or custodians by counsel as the circumstances require. The court may also confer and consult with such individuals and agencies as may be appropriate to the juvenile's situation and may convene a predisposition conference to discuss and recommend a disposition. Any such reports shall be filed with the court no later than five court days before the dispositional hearing date.

(b) Any predispositional reports filed with the court shall be made available to counsel or parties appearing pro se no later than three court days before the dispositional hearing date, or as determined by the court.

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) 5:9-1(d); R. (1969) 5:9-7; R. (1969) 5:9-8. Adopted December 20, 1983, to be effective December 31, 1983; former rule redesignated paragraph (a) and paragraph (b) adopted November 5, 1986 to be effective January 1, 1987; paragraph (a) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended June 15, 2007 to be effective September 1, 2007.

Plain-English Summary

The timing restriction comes first and is the substantive protection. A juvenile may be referred for examination and evaluation only after an adjudication of delinquency, or after the court determines the evidence is sufficient to support one. An evaluation cannot be used to build the case.

In-patient referral raises the stakes, and the rule responds: before a juvenile may be referred to any institution as an in-patient for this purpose, the court must first provide for representation by counsel of the juvenile and of the parents, guardian or custodians, as the circumstances require.

The court may also confer with individuals and agencies appropriate to the juvenile's situation, and may convene a predisposition conference to discuss and recommend a disposition. Reports are filed no later than five court days before the dispositional hearing date, and made available to counsel or self-represented parties no later than three court days before it — so nobody is asked to respond to a report they have only just seen.

Frequently Asked Questions

When can the court order a predisposition evaluation?

Only after an adjudication of delinquency, or after the court determines the evidence is sufficient to support such an adjudication.

Does the juvenile get a lawyer before an in-patient referral?

Yes. Before a juvenile may be referred to an institution as an in-patient, the court must first provide for representation of the juvenile and the parents, guardian or custodians by counsel as the circumstances require.

When do we see the predisposition report?

Reports are filed with the court no later than five court days before the dispositional hearing date, and made available to counsel or self-represented parties no later than three court days before it, or as the court determines.

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. 5:24-2). 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: predisposition evaluationpredisposition reportpsychological evaluation juvenilepredisposition conference