Kids run away from home all the time. As a parent, guardian or custodial agent, what can be done to bring them home? This blog addresses this topic.
A parent, legal guardian, or person entitled to legal custody of a juvenile who has run away without the consent of such parent or guardian may apply to the court in the demanding state for the issuance of an order for his/her return. The application shall state the name and age of the juvenile, the name of the applicant and the basis of entitlement to the juvenile’s custody, the circumstances of his/her running away, his/her location if known at the time application is made, and such other facts as may tend to show that the juvenile who has run away is endangering his own welfare or the welfare of others and is not an emancipated minor. The judge of the court to which this application is made may hold a hearing thereon to determine whether the applicant is entitled to the legal custody of the juvenile, whether or not it appears that the juvenile has in fact run away without consent, whether or not he is an emancipated minor, and whether or not it is in the best interest of the juvenile to compel his return to the State. If the judge determines, either with or without a hearing, that the juvenile should be returned, he shall issue a written order for the return of such juvenile. Such requisition shall set forth the name and age of the juvenile, the determination of the court that the juvenile has run away without the consent of a parent or guardian and that it is in the best interest and for the protection of such juvenile that he/she be returned.
Runaway Juvenile Delinquents
In the event that a proceeding is underway for the adjudication of a juvenile as a delinquent, neglected or dependent is pending in a court at the time when such juvenile runs away, a court may issue a requisition (order) for the return of such juvenile, regardless of the consent of the parent or guardian entitled to legal custody, reciting the nature and circumstances of the pending proceeding. Upon the receipt of an order demanding the return of the juvenile who has run away, the court shall issue an order to any peace officer (policeman) or other appropriate person directing him or her to take into custody and detain such juvenile. Such detention order must substantially recite the facts necessary to the validity of its issuance. No juvenile detained upon such order shall be delivered over to the officer unless he/she shall first be taken before a judge of a court in the state, who shall inform him of the demand made for his return. The court may appoint counsel or a guardian ad litem for him/her. If the judge of such court shall find that the order is valid, he/she shall deliver such juvenile over to the officer whom the court demanding him shall have appointed to receive him. The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding.
To discuss your NJ guardianship matter, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com. Please ask us about our video conferencing or telephone consultations if you are unable to come to our office.
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Guardianship Attorney