Juvenile Detention Facilities and Children's Shelters
Introduction
This is a draft of a chapter covering the substance of what is now chapters 10 through 12A of Title 9. These statutes authorize counties to establish juvenile detention facilities and children’s shelters and provide for their operation. The current statutes are antiquated in several ways. Most important, they fail to distinguish between secure institutions for the detention of children charged with, or convicted of criminal activity and institutions for other children needing shelter, such as dependent neglected children or children involved in “juvenile-family” cases. See 2A:4A-34, 2A:4A-37 and 2A:4A-46. In addition, the administrative structures provided by these laws are not those now used and some of the terms used in these laws are now anachronistic. Most of the significant law on juvenile detention facilities and shelters is now found in Title 2A, Chapter 4A. The recommended revision is much reduced in length but preserves the residual purpose of the chapters in Title 9, to authorize counties to establish and maintain these institutions.
1. Juvenile detention facility
A county may maintain a juvenile detention facility for delinquent children detained by order of the Family Part of the Superior Court.
The juvenile detention facility shall constitute a special school district in the county.
Source: 9:10-1.
COMMENT
The section is derived from portions of 9:10-1 that are of continuing importance. It has been modernized to reflect current juvenile delinquency law. References to use of the facility for dependent children and to management of the facility by the Juvenile and Domestic Relations Court have been deleted as anachronistic.
2. Superintendents of detention house or school in certain counties
A county of the second class, the third class or the fifth class, that has a juvenile detention facility may by resolution appoint a superintendent who in addition to duties as superintendent shall be an assistant county probation officer with all the powers and duties prescribed by law for an assistant probation officer. The Superintendent shall perform the duties fixed by the board or by statutes, and shall hold office during the pleasure of the board and his salary shall be fixed by the board.
Source: 9:10-4.
COMMENT
Although simplified in language, the section continues the substance of 9:10-4.
3. Appointment of trustees; number; term; other offices; vacancies
a. The governing body of counties of the first class may appoint a board of trustees of its juvenile detention facility The trustees shall serve without compensation and shall hold office for a term of four years and until their successors are appointed. The holding of any other public office by any member of said board of trustees shall not be held to be incompatible with the office as member of such board of trustees. A vacancy caused by death, resignation or otherwise shall be filled by the governing body of the county for the unexpired term.
b. The board of trustees shall be a body corporate with power to sue and be sued. It shall annually choose from among its members a president, a vice-president, a secretary and a treasurer.
c. The board of trustees in its own name may enter into and execute all appropriate contracts for the purpose of managing the juvenile detention facility, including the lodging and victualing of its officers, agents and employees, and the care, keep and victualing of persons committed to the facility, and the purchase of supplies, furniture and equipment for the education of persons committed to the facility. Any contract for the doing of work or the furnishing of materials or supplies of any kind exceeding $1,000.00 in amount shall be awarded only after public advertisement as required by law and to the lowest responsible bidder.
d. The board of trustees may appoint employees of the juvenile detention facility and, with the approval of the county government, fix their compensation. Each appointee shall hold his office or position at the pleasure of the board of trustees. Each person appointed as a teacher shall hold a teacher's certificate equal or superior to a first grade county certificate.
e. The board of trustees shall make rules for the conduct and management of the juvenile detention facility and care of the inmates and shall prescribe the duties and powers of the employees.
Source: 9:11-1; 9:11-2; 9:11-3; 9:11-4.
COMMENT
Although simplified in language, the section continues the substance of 9:11-1, 9:11-2, 9:11-3 and 9:11-4.
4. Money provided annually
The money the county government determines is necessary for the management of a county juvenile detention facility and other expenses incident to it shall be provided each year by in the annual tax budget.
Source: 9:11-8.
COMMENT
Although simplified in language, the section continues the substance of 9:11-8.
5. Establishment of children's shelter; management; funds
a. A county may maintain a children’s shelter for the temporary accommodation of children who are homeless or abandoned, abused, neglected or cruelly treated.
b. The governing body of the county may appoint a committee of seven citizens of the county, who together with the director of the governing body of the county as ex-officio shall constitute the board of trustees of the children's shelter. The board of trustees shall make the rules and regulations for the management of the children's shelter.
c. The governing body of the county may, by resolution, determine to operate and manage such children's shelter instead of appointing a board of trustees for such purpose, in which case the governing body of the county shall have and may exercise all the powers of a board of trustees as provided in this section.
Source: 9:12A-1.
COMMENT
The section is derived from portions of 9:12A-1 that are of continuing importance.
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