N.J. Admin. Code § 13:95-11.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:95-11.3 - Hearing procedure for involuntary placement to protective custody

(a) A juvenile under consideration for placement in protective custody shall be given written notice on Form J146-II Notice of Protective Custody Hearing Involuntary as soon as practicable.

(b) A juvenile in emergency protective custody shall be given written notice on Form J146-II within 24 hours of his or her placement in emergency protective custody, including weekends and holidays, unless there are exceptional circumstances, unavoidable delays or reasonable postponements.

(c) The written notice shall be given to the juvenile at least 24 hours prior to the in-person hearing provided for in (i) below. The notice shall be signed by the staff person delivering it and the date and time of delivery shall be noted.

(d) The notice shall include the following:

1. A statement of reasons utilized by the administration to initiate the protective custody hearing procedure;

2. The date of the protective custody hearing; and

3. Notification that the juvenile may present any relevant evidence supporting or contesting placement in protective custody.

(e) Evidence may consist of:

1. Witnesses' written statements;

2. Documents bearing on the nature of threat of harm involved; or

3. Other facts relevant to the need or lack of need for placement in protective custody.

(f) At the time of receipt of the notice, the juvenile shall be given the opportunity to present the basis for any opposition to involuntary placement in protective custody. The juvenile shall not, however, be required to make any statement at this time. The information contained in the notice, together with any statement or evidence provided by the juvenile at the time of receipt of the notice, shall be reviewed by the Superintendent or designee immediately to determine whether, pending the completion of a thorough investigation, there is a reasonable basis to conclude that the juvenile is in need of protective custody.

(g) Illiterate juveniles or juveniles otherwise unable to adequately collect and present the facts shall receive the assistance of a juvenile paralegal assigned by the Disciplinary Hearing Officer or Superintendent. An interpreter shall be utilized, if needed.

(h) The Disciplinary Hearing Officer shall have the discretion to keep the hearing within reasonable limits and to refuse to permit the collection and presentation of evidence which is not necessary for an adequate understanding of the case. The Disciplinary Hearing Officer may order further investigation and reports where deemed necessary and shall exercise control over all presentations to prevent lack of relevancy, harassment, abuse or repetitiveness and to ensure that the hearing does not develop into an adversarial proceeding.

(i) Juveniles placed in emergency protective custody or under consideration for placement in protective custody shall receive a hearing within three business days after receipt of the notice served on the juvenile in accordance with (c) above unless there are exceptional circumstances, unavoidable delays or reasonable postponements.

(j) At the hearing, the juvenile shall be informed of all information bearing on the juvenile's case, with the exception of information designated confidential.

(k) When reviewing confidential informant information, the Disciplinary Hearing Officer shall inquire into the reliability of the informant and the information, and shall utilize such information only after satisfied that it is reasonably reliable. Whenever informant information is used, the juvenile shall be informed of the general character of the information, if practicable. The details of the informant information shall be withheld on grounds of confidentiality.

1. In any case in which the Disciplinary Hearing Officer's decision is based on evidence that includes confidential information, the adjudication shall contain:

i. A concise summary of the facts on which the Disciplinary Hearing Officer concluded either that the informant was credible or that the informant's information was otherwise reliable; and

ii. A summary of the material facts presented by the informant and the basis upon which the informant has knowledge of those facts.

2. The Disciplinary Hearing Officer is not permitted to disclose the identity of the informant.

(l) Within three business days of the hearing, the Disciplinary Hearing Officer shall provide a written notice of decision and a summary of the evidence relied upon on Form J146-III Protective Custody Hearing Adjudication.

N.J. Admin. Code § 13:95-11.3

Administrative correction.
See: 40 N.J.R. 6822(b).