Rule 5:24-5.Retention of Jurisdiction

Last amended December 31, 1983 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:24-5 keeps the court's jurisdiction for the duration of the dispositional terms, and lets it substitute any other disposition it could originally have made if those terms are violated.

Full Text of Rule 5:24-5

Text sizeJump to: (a) (b)

(a) Mandatory Retention of Jurisdiction. The court shall retain jurisdiction over every action in which it has entered an order of disposition for the duration of the dispositional terms and conditions. If the court finds at any time during the duration of the disposition, on notice and hearing, that the conditions of the order of disposition have been violated, it may substitute any other disposition which it might originally have made. If the disposition was an order of commitment or incarceration the court may, during the duration of that disposition, substitute any other disposition otherwise available to it.

(b) Discretionary Retention of Jurisdiction. Where retention of jurisdiction is not mandatory pursuant to paragraph (a) hereof, the order of disposition may provide for the retention of the court's jurisdiction over a juvenile for a term not exceeding that specified therein.

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) 5:9-10(d). Adopted December 20, 1983, to be effective December 31, 1983.

Plain-English Summary

Retention is mandatory for the life of the disposition. The court retains jurisdiction over every action in which it has entered an order of disposition, for the duration of the dispositional terms and conditions.

That retained jurisdiction has teeth. If at any time during the disposition the court finds, on notice and hearing, that the conditions have been violated, it may substitute any other disposition it might originally have made — and where the disposition was commitment or incarceration, it may substitute any other disposition otherwise available to it. Notice and a hearing are required in either case.

Where retention is not mandatory, the order of disposition may itself provide for retention of jurisdiction over a juvenile for a term not exceeding the one it specifies.

Frequently Asked Questions

How long does the court keep jurisdiction after disposition?

For the duration of the dispositional terms and conditions. Where retention is not mandatory, the order may provide for retention for a term not exceeding that specified in it.

What happens if a juvenile violates probation?

If the court finds, on notice and hearing, that the conditions of the order of disposition have been violated, it may substitute any other disposition it might originally have made.

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. 5:24-5). 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: retention of jurisdictionviolation of probation juvenilesubstitute disposition