N.J. Admin. Code § 13:95-11.4

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

Section 13:95-11.4 - Appeal procedures for protective custody placement

(a) The juvenile shall be advised of the opportunity to appeal to the Superintendent or designee at the time that the juvenile is provided with the protective custody hearing decision (Form J146-III Protective Custody Hearing Adjudication).

(b) The juvenile shall have five business days from the date he or she receives the protective custody decision to submit a letter of appeal.

(c) All appeals shall be reviewed by the Superintendent and the following factors shall be considered:

1. Whether there was compliance with this subchapter;

2. Whether the decision was based on reliable information; and

3. Whether the decision to place the juvenile in protective custody was justifiable considering the juvenile's safety and the continued secure, orderly operation of the secure facility.

(d) Within 10 business days of receipt of the appeal, the Superintendent shall either:

1. Approve the Disciplinary Hearing Officer's decision;

2. Modify the Disciplinary Hearing Officer's decision; or

3. Order further hearings.

(e) In all cases, the juvenile shall be notified in writing of the Superintendent's decision.

(f) Illiterate juveniles or juveniles otherwise unable to adequately present their appeal shall receive the assistance of a counsel substitute assigned by the Disciplinary Hearing Officer or Superintendent. An interpreter shall be utilized, if needed, at the discretion of the Disciplinary Hearing Officer.

N.J. Admin. Code § 13:95-11.4

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