New Jersey § 2a:4a-38
Full text of New Jersey New Jersey Statutes § 2a:4a-38, with citation guidance and answers to common questions.
§ 2a:4a-38.
a. When a juvenile is taken into custody and detained a complaint shall be filed forthwith
as provided by the Rules of Court. The court shall determine whether detention is required pursuant to the criteria
provided for in section 15 of P.L.1982, c. 77 ( C. 2A:4A-34 ) . b. Notice of the detention hearing, either oral or written, stating the time, place,
and purpose of the hearing shall be given to the juvenile and to the juvenile's parent or parents, or guardian, if any, if they can be contacted. c. The detention hearing shall be conducted in accordance with the Rules of Court
and shall be attended by the juvenile and one or both parents, or guardian, but may
take place in the absence of parent or guardian if such notice or process fails to
produce their attendance. d. When the judge finds that detention is not necessary or required, the court shall
order the juvenile's release and may place such conditions, if any, upon release as
are consistent with the purposes of this act, the Rules of Court, and as are provided
for in section 15 of P.L.1982, c. 77 ( C. 2A:4A-34 ) . e. The initial detention hearing shall be held no later than the morning following
the juvenile's placement in detention including weekends and holidays. f. If a delinquency complaint has not been filed by the time the initial detention
hearing has been held, the juvenile shall be released from custody immediately. g. When the court determines that detention is necessary pursuant to section 15 of P.L.1982, c. 77 ( C. 2A:4A-34 ) , the court order continuing the juvenile's detention shall be supported by reasons
and findings of fact on the record. h. If the juvenile is not represented by counsel at the initial detention hearing
and if the court continues the juvenile's detention after the hearing, the court shall forthwith schedule a second detention
hearing to be held within two court days thereafter at which time the juvenile shall
be represented by counsel as provided by the Rules of Court. i. There shall be a probable cause determination where a juvenile has been charged
with delinquency and has been placed in detention, within two court days after the
initial hearing or, where a second detention hearing is necessary pursuant to subsection
h. of this section, at that hearing. j. A detention review hearing with counsel shall be held within 14 court days of the
prior detention hearing and if detention is continued, detention review hearings shall
be held thereafter at intervals not to exceed 21 court days. k. When a juvenile is detained, an adjudicatory hearing shall be held no later than
30 days from the date of detention. If no adjudicatory hearing is held within 30 days, the court shall, within 72 hours
of a motion by the juvenile, fix a date certain for the adjudicatory hearing unless
an extension is granted by the court for good cause shown. Written notice of any application for a postponement shall be sent to the juvenile's
counsel who shall have the right to be heard on the application. l. When a juvenile has been adjudicated delinquent and is awaiting transfer to a dispositional
alternative that does not involve a secure residential or out-of-home placement and
continued detention is necessary, the juvenile shall be transferred to a non-secure facility.
Frequently Asked Questions About New Jersey § 2a:4a-38
What does New Jersey Statutes § 2a:4a-38 cover?
Section 2a:4a-38 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 2a:4a-38?
A common citation format is "New Jersey Statutes § 2a:4a-38" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 2a:4a-38 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.