In the Interest of O.S.
This amicus brief filed by Juvenile Law Center, NJDC, and other organizations, requested the New Jersey Court of Appeals finds that the Juvenile Court retains jurisdiction “to hear evidence regarding the status of young people committed to the custody of the State’s Juvenile Justice Commission and, when necessary and appropriate, to modify its own dispositional orders to ensure their health and safety[.]”
Amici asserted that the juvenile court had the authority and obligation to exercise jurisdiction over this matter, pursuant to the state juvenile code and national standards. Additionally, amici asserted that the administrative grievance procedure did not satisfactorily protect youth from harm. The brief relied on cases, statutes, and research authority to highlight the critical need to ensure the safety of incarcerated youth.
While this case was unsuccessful at the state level, advocates successfully filed a complaint in federal court on the issue.
Court: Superior Court of New Jersey Appellate Division
Filed: February 3, 2011 (download .pdf)
Amicus Brief Discusses: Conditions of Confinement, Post-Disposition
Oral Argument: March 16, 2011
Decision: April 19, 2011