New Jersey § 2a:4a-43
Full text of New Jersey New Jersey Statutes § 2a:4a-43, with citation guidance and answers to common questions.
§ 2a:4a-43.
Disposition of delinquency cases. a. In determining the appropriate disposition for a juvenile adjudicated delinquent
the court shall weigh the following factors: (1) The nature and circumstances of the offense; (2) The degree of injury to persons or damage to property caused by the juvenile's
offense; (3) The juvenile's age, previous record, prior social service received, and out-of-home
placement history; (4) Whether the disposition supports family strength, responsibility , and unity and the well-being and physical safety of the juvenile; (5) Whether the disposition provides for reasonable participation by the child's parent,
guardian, or custodian, provided, however, that the failure of a parent or parents
to cooperate in the disposition shall not be weighed against the juvenile in arriving
at an appropriate disposition; (6) Whether the disposition recognizes and treats the unique physical, psychological,
and social characteristics and needs of the child; (7) Whether the disposition contributes to the developmental needs of the child, including
the academic and social needs of the child where the child has intellectual disabilities
or learning disabilities; (8) Any other circumstances related to the offense and the juvenile's social history
as deemed appropriate by the court; (9) The impact of the offense on the victim or victims; (10) The impact of the offense on the community; and (11) The threat to the safety of the public or any individual posed by the child. b. If a juvenile is adjudged delinquent, and except to the extent that an additional
specific disposition is required pursuant to this section, the court, in accordance
with subsection i. of section 2 of P.L.1982, c. 77 ( C.2A:4A-21 ), may order incarceration pursuant to section 25 of P.L.1982, c. 77 ( C.2A:4A-44 ) or the court may order any one or more of the following dispositions: (1) Adjourn formal entry of disposition of the case for a period not to exceed 12
months for the purpose of determining whether the juvenile makes a satisfactory adjustment,
and if during the period of continuance the juvenile makes such an adjustment, dismiss
the complaint ; (2) Release the juvenile to the supervision of the juvenile's parent or guardian; (3) Place the juvenile on probation to the chief probation officer of the county or
to any other suitable person who agrees to accept the duty of probation supervision
for a period not to exceed three years upon such written conditions as the court deems
will aid rehabilitation of the juvenile; (4) Transfer custody of the juvenile to any relative or other person determined by
the court to be qualified to care for the juvenile; (5) Place the juvenile under the care and responsibility of the Department of Children
and Families so that the commissioner may designate a division or organizational unit
in the department pursuant to P.L.1951, c. 138 ( C.30:4C-1 et seq. ) for the purpose of providing services in or out of the home. Within 14 days, unless for good cause shown, but not later than 30 days, the Department
of Children and Families shall submit to the court a service plan, which shall be
presumed valid, detailing the specifics of any disposition order. The plan shall be developed within the limits of fiscal and other resources available
to the department. If the court determines that the service plan is inappropriate, given existing resources,
the department may request a hearing on that determination; (6) Place the juvenile under the care and custody of the Commissioner of Children
and Families for the purpose of receiving the services of the Division of Children's
System of Care of that department, provided that the juvenile has been determined
to be eligible for those services under P.L.1965, c. 59, s.16 ( C.30:4-25.4 ); (7) Commit the juvenile, pursuant to applicable laws and the Rules of Court governing
civil commitment, to the Department of Children and Families under the responsibility
of the Division of Children's System of Care for the purpose of placement in a suitable
public or private hospital or other residential facility for the treatment of persons
who are mentally ill, on the ground that the juvenile is in need of involuntary commitment; (8) (Deleted by amendment, P.L.2019, c. 363 ) (9) Order the juvenile to make restitution to a person or entity who has suffered
loss resulting from personal injuries or damage to property as a result of the offense
for which the juvenile has been adjudicated delinquent. The court may determine the reasonable amount, terms, and conditions of restitution. If the juvenile participated in the offense with other persons, the participants
shall be jointly and severally responsible for the payment of restitution. The court shall not require a juvenile to make full or partial restitution if the
juvenile reasonably satisfies the court that the juvenile does not have the means
to make restitution and could not reasonably acquire the means to pay restitution; (10) Order that the juvenile perform community services under the supervision of a
probation division or other agency or individual deemed appropriate by the court. Such services shall be compulsory and reasonable in terms of nature and duration. Such services may be performed without compensation, provided that any money earned
by the juvenile from the performance of community services may be applied towards
any payment of restitution or fine which the court has ordered the juvenile to pay; (11) Order that the juvenile participate in work programs which are designed to provide
job skills and specific employment training to enhance the employability of job participants. Such programs may be without compensation, provided that any money earned by the
juvenile from participation in a work program may be applied towards any payment of
restitution or fine which the court has ordered the juvenile to pay; (12) Order that the juvenile participate in programs emphasizing self-reliance, such
as intensive outdoor programs teaching survival skills, including but not limited
to camping, hiking, and other appropriate activities; (13) Order that the juvenile participate in a program of academic or vocational education
or counseling, such as a youth service bureau, requiring attendance at sessions designed
to afford access to opportunities for normal growth and development. This may require attendance after school, evenings, and weekends; (14) Place the juvenile in a suitable residential or nonresidential program for the
treatment of alcohol or narcotic abuse, provided that the juvenile has been determined
to be in need of such services; (15) Order the parent or guardian of the juvenile to participate in appropriate programs
or services when the court has found either that such person's omission or conduct
was a significant contributing factor towards the commission of the delinquent act,
or, under its authority to enforce litigant's rights, that such person's omission
or conduct has been a significant contributing factor towards the ineffective implementation
of a court order previously entered in relation to the juvenile; (16)(a) Place the juvenile in a nonresidential program operated by a public or private
agency, providing intensive services to juveniles for specified hours, which may include
education, counseling to the juvenile and the juvenile's family if appropriate, vocational
training, employment counseling, work, or other services; (b) Place the juvenile under the custody of the Juvenile Justice Commission established
pursuant to section 2 of P.L.1995, c. 284 ( C.52:17B-170 ) for placement with any private group home or private residential facility with which
the commission has entered into a purchase of service contract; (17) Instead of or in addition to any disposition made according to this section,
the court may postpone, suspend, or revoke for a period not to exceed two years the
driver's license, registration certificate, or both of any juvenile who used a motor
vehicle in the course of committing an act for which the juvenile was adjudicated
delinquent. In imposing this disposition and in deciding the duration of the postponement, suspension,
or revocation, the court shall consider the circumstances of the act for which the
juvenile was adjudicated delinquent and the potential effect of the loss of driving
privileges on the juvenile's ability to be rehabilitated. Any postponement, suspension, or revocation shall be imposed consecutively with
any custodial commitment; (18) Order that the juvenile satisfy any other conditions reasonably related to the
rehabilitation of the juvenile; (19) Order a parent or guardian who has failed or neglected to exercise reasonable
supervision or control of a juvenile who has been adjudicated delinquent to make restitution
to any person or entity who has suffered a loss as a result of that offense. The court may determine the reasonable amount, terms, and conditions of restitution;
or (20) Place the juvenile, if eligible, in an appropriate juvenile offender program
established pursuant to P.L.1997, c. 81 ( C.30:8-61 et al.). c. (1) If the county in which the juvenile has been adjudicated delinquent has a juvenile
detention facility meeting the physical and program standards established pursuant
to this subsection by the Juvenile Justice Commission, the court may, in addition
to any of the dispositions not involving placement out of the home enumerated in this
section, incarcerate the juvenile in the youth detention facility in that county for
a term not to exceed 60 consecutive days. The decision by the court to incarcerate a juvenile shall be made in accordance
with subsection i. of section 2 of P.L.1982, c. 77 ( C.2A:4A-21 ). Counties which do not operate their own juvenile detention facilities may contract
for the use of approved commitment programs with counties with which they have established
agreements for the use of pre-disposition juvenile detention facilities. The Juvenile Justice Commission shall promulgate such rules and regulations from
time to time as deemed necessary to establish minimum physical facility and program
standards for the use of juvenile detention facilities pursuant to this subsection. (2) A juvenile shall not be incarcerated in any county detention facility unless the
county has entered into an agreement with the Juvenile Justice Commission concerning
the use of the facility for sentenced juveniles. Upon agreement with the county, the Juvenile Justice Commission shall certify detention
facilities which may receive juveniles sentenced pursuant to this subsection and shall
specify the capacity of the facility that may be made available to receive such juveniles;
provided, however, that in no event shall the number of juveniles incarcerated pursuant
to this subsection exceed 50% of the maximum capacity of the facility. (3) The court may fix a term of incarceration under this subsection that is in accordance
with subsection i. of section 2 of P.L.1982, c. 77 ( C.2A:4A-21 ) and: (a) The act for which the juvenile was adjudicated delinquent, if committed by an
adult, would have constituted a crime or repetitive disorderly persons offense; (b) Incarceration of the juvenile is consistent with the goals of public safety, accountability,
and rehabilitation and the court is clearly convinced that the aggravating factors
substantially outweigh the mitigating factors as set forth in section 25 of P.L.1982,
c. 77 ( C.2A:4A-44 ); and (c) The detention facility has been certified for admission of adjudicated juveniles
pursuant to paragraph (2). (4) If as a result of incarceration of adjudicated juveniles pursuant to this subsection,
a county is required to transport a predisposition juvenile to a juvenile detention
facility in another county, the costs of such transportation shall be borne by the
Juvenile Justice Commission. d. Whenever the court imposes a disposition upon an adjudicated delinquent which requires
the juvenile to perform a community service, restitution, or to participate in any
other program provided for in this section other than subsection c., the duration
of the juvenile's mandatory participation in such alternative programs shall extend
for a period consistent with the program goal for the juvenile and shall in no event
exceed one year beyond the maximum duration permissible for the delinquent if the
juvenile had been committed to a term of incarceration. e. In addition to any disposition the court may impose pursuant to this section or
section 25 of P.L.1982, c. 77 ( C.2A:4A-44 ), the following orders shall be included in dispositions of the adjudications set
forth below: (1) An order to perform community service pursuant to paragraph (10) of subsection
b. of this section for a period of at least 60 days, if the juvenile has been adjudicated
delinquent for an act which, if committed by an adult, would constitute the crime
of theft of a motor vehicle, or the crime of unlawful taking of a motor vehicle in
violation of subsection c. of N.J.S.2C:20-10 , or the third-degree crime of eluding in violation of subsection b. of N.J.S.2C:29-2 ; and (2) (Deleted by amendment, P.L.2019, c. 363 ) (3) An order to perform community service pursuant to paragraph (10) of subsection
b. of this section for a period of at least 30 days, if the juvenile has been adjudicated
delinquent for an act which, if committed by an adult, would constitute the fourth-degree
crime of unlawful taking of a motor vehicle in violation of subsection b. of N.J.S.2C:20-10 . (4) (Deleted by amendment, P.L.2019, c. 363 ) f. (1) (Deleted by amendment, P.L.2019, c. 363 ) (2) (Deleted by amendment, P.L.2019, c. 363 ) (3) (Deleted by amendment, P.L.2019, c. 363 ) g. Whenever the court imposes a disposition upon an adjudicated delinquent which requires
the juvenile to perform a community service, restitution, or to participate in any
other program provided for in this section, the order shall include provisions which
provide balanced attention to the protection of the community, accountability for
offenses committed, fostering interaction and dialogue between the offender, victim , and community and the development of competencies to enable the child to become a
responsible and productive member of the community.
Frequently Asked Questions About New Jersey § 2a:4a-43
What does New Jersey Statutes § 2a:4a-43 cover?
Section 2a:4a-43 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-43?
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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-43 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
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