STATE OF NEW JERSEY IN THE INTEREST OF C.F. STATE OF NEW JERSEY IN THE INTEREST OF A.G. STATE OF NEW JERSEY IN THE INTEREST OF T.S. (FJ-12-0124-19, FJ-12-1196-18, AND FJ-12-1197-18, MIDDLESEX COUNTY AND STATEWIDE) (CONSOLIDATED) (RECORD IMPOUNDED) (A-0326-18T3/A-0329-18T3/A-0330-18T3)
In State in the Interest of N.P., 453 N.J. Super. 480 (App. Div. 2018), the court determined a Family Part judge may not divert juvenile complaints from court action without first affording the State an opportunity to be heard. Following that decision, the Family Part judge duly noticed the State of its intention to divert complaints filed against C.F., A.G., and T.S., but conducted the hearings without providing notice to the juveniles.
In these three consolidated appeals, the court reverses the trial judge's orders. Because the matters were heard in open court, due process mandates notice to the juveniles, affording them the opportunity to be heard and to consult with counsel before their complaints are diverted from court action.
