2A:4A-29. Use of juvenile's testimony at referral hearing
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2A:4A-29. Use of juvenile's testimony at referral hearing
10. Use of juvenile's testimony at referral hearing. No testimony of a juvenile at a hearing pursuant to section 7 of P.L.1982, c.77 (C.2A:4A-26) or section 8 of P.L.1982, c.77 (C.2A:4A-27) shall be admissible for any purpose in any hearing to determine delinquency or guilt of any offense.
L.1982,c.77,s.10; amended 1995,c.280,s.5.
2A:4A-30. Complaints and petitions
a. Complaints charging delinquency may be signed by any person who has knowledge of the facts alleged to constitute delinquency or is informed of such facts and believes that they are true. The complaint shall be filed with the clerk of the court and shall set forth:
(1) The name, address, and date of birth of the juvenile;
(2) The name and address of the juvenile's parents or guardian and, if the juvenile is in custody of some other person, the name and address of the custodian;
(3) The date, time, manner, and place of the acts alleged as the basis of the complaint;
(4) A citation of the law or ordinance allegedly violated by the juvenile; and
(5) The signature of the complainant.
b. Petitions alleging that a juvenile-family crisis exists shall be signed by court intake services pursuant to section 8 of P.L.1982, c. 80 (C. 2A:4A-83). The petition shall be filed with the clerk of the court and shall set forth:
(1) The name, address, and date of birth of the juvenile;
(2) The name and address of the juvenile's parents or guardian and, if the juvenile is in custody of some other person, the name and address of the custodian;
(3) The date, time, manner, and place of the behavior, conduct, or condition alleged as the basis of the petition; and
(4) The signature of the petitioner.
c. Complaints and petitions shall be in such form as prescribed by the Rules of Court.
L.1982, c. 77, s. 11, eff. Dec. 31, 1983.
2A:4A-31. Taking into custody
a. A juvenile may be taken into custody:
(1) Pursuant to an order or warrant of any court having jurisdiction; or
(2) For delinquency, when there has been no process issued by a court, by a law enforcement officer, pursuant to the laws of arrest and the Rules of Court.
b. Except where delinquent conduct is alleged, a juvenile may be taken into short-term custody by a law enforcement officer without order of the court when:
(1) The officer has reasonable grounds to believe that the health and safety of the juvenile is seriously in danger and taking into immediate custody is necessary for his protection;
(2) The officer has reasonable grounds to believe the juvenile has left the home and care of his parents or guardian without the consent of such persons; or
(3) An agency legally charged with the supervision of a child has notified the law enforcement agency that the child has run away from out of home placement, provided, however, that in any case where the law enforcement officer believes that the juvenile is an "abused or neglected child" as defined in section 1 of P.L.1974, c. 119 (C. 9:6-8.21), the officer shall handle the case pursuant to the procedure set forth in that act.
c. 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.
L.1982, c. 77, s. 12, eff. Dec. 31, 1983.
10. Use of juvenile's testimony at referral hearing. No testimony of a juvenile at a hearing pursuant to section 7 of P.L.1982, c.77 (C.2A:4A-26) or section 8 of P.L.1982, c.77 (C.2A:4A-27) shall be admissible for any purpose in any hearing to determine delinquency or guilt of any offense.
L.1982,c.77,s.10; amended 1995,c.280,s.5.
2A:4A-30. Complaints and petitions
a. Complaints charging delinquency may be signed by any person who has knowledge of the facts alleged to constitute delinquency or is informed of such facts and believes that they are true. The complaint shall be filed with the clerk of the court and shall set forth:
(1) The name, address, and date of birth of the juvenile;
(2) The name and address of the juvenile's parents or guardian and, if the juvenile is in custody of some other person, the name and address of the custodian;
(3) The date, time, manner, and place of the acts alleged as the basis of the complaint;
(4) A citation of the law or ordinance allegedly violated by the juvenile; and
(5) The signature of the complainant.
b. Petitions alleging that a juvenile-family crisis exists shall be signed by court intake services pursuant to section 8 of P.L.1982, c. 80 (C. 2A:4A-83). The petition shall be filed with the clerk of the court and shall set forth:
(1) The name, address, and date of birth of the juvenile;
(2) The name and address of the juvenile's parents or guardian and, if the juvenile is in custody of some other person, the name and address of the custodian;
(3) The date, time, manner, and place of the behavior, conduct, or condition alleged as the basis of the petition; and
(4) The signature of the petitioner.
c. Complaints and petitions shall be in such form as prescribed by the Rules of Court.
L.1982, c. 77, s. 11, eff. Dec. 31, 1983.
2A:4A-31. Taking into custody
a. A juvenile may be taken into custody:
(1) Pursuant to an order or warrant of any court having jurisdiction; or
(2) For delinquency, when there has been no process issued by a court, by a law enforcement officer, pursuant to the laws of arrest and the Rules of Court.
b. Except where delinquent conduct is alleged, a juvenile may be taken into short-term custody by a law enforcement officer without order of the court when:
(1) The officer has reasonable grounds to believe that the health and safety of the juvenile is seriously in danger and taking into immediate custody is necessary for his protection;
(2) The officer has reasonable grounds to believe the juvenile has left the home and care of his parents or guardian without the consent of such persons; or
(3) An agency legally charged with the supervision of a child has notified the law enforcement agency that the child has run away from out of home placement, provided, however, that in any case where the law enforcement officer believes that the juvenile is an "abused or neglected child" as defined in section 1 of P.L.1974, c. 119 (C. 9:6-8.21), the officer shall handle the case pursuant to the procedure set forth in that act.
c. 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.
L.1982, c. 77, s. 12, eff. Dec. 31, 1983.