State ex rel. J.S.

998 A.2d 409, 202 N.J. 465, 2010 N.J. LEXIS 547
Supreme Court of New Jersey·Decided July 8, 2010·Published·Cited by 21 cases

Opinion

Justice LaVECCHIA

delivered the opinion of the Court.

As a minor, J.S. sexually assaulted his younger sister. However, he was twenty-one years old when the juvenile court entered an order adjudicating him a delinquent based on the conduct that had occurred years earlier. The court’s order required the Division of Youth and Family Services (DYFS), an agency within the [468] Department of Children and Families (DCF),1 to provide him with sex offender treatment, notwithstanding that neither J.S. nor his family previously had any involvement with DYFS. Although not a party to J.S.’s delinquency proceedings, DYFS sought reconsideration, and then appealed. DYFS claimed, at each opportunity for review of the order, that the court lacked authority to require DYFS to bear the responsibility of providing sex offender services to the adult J.S. because he was not within the category of persons to be serviced under DYFS’s authorizing statutes. We agree and therefore reverse.

I.

Between January 2000 and December 2002, when he was in his early to mid-teens,2 J.S. digitally penetrated his sister, who was then under the age of thirteen. On October 15, 2007, J.S., who by then had turned twenty-one, pleaded guilty in juvenile court to first-degree aggravated sexual assault in violation of N.J.S.A. 2C:14-2(a)(l).3 At the time of his plea, J.S. was employed and was studying to become a nurse. He had not had any prior contact with the criminal justice system, and neither he nor his family had any prior involvement with DYFS.

The juvenile court adjudicated him delinquent and determined that pre-dispositional psycho-sexual, psychological, and psychiatric reports were required. The court desired that Steininger Behavioral Care Services (Steininger), a third-party contractor for the [469] Division of Child Behavioral Health Services in the DCF, provide the necessary evaluations.

THE COURT: ... I’m going to order that Steininger do the evaluations. He’s not eligible for DYFS as I understand it. So—so I’m going to order that Steininger do it. You don’t think they will?
FEMALE VOICE: No. Based upon his age and the fact that he’s 21 years old. THE COURT: What’s the alternative?
FEMALE VOICE: The alternative is to have the family through their private insurance or through their—his attorney to provide evaluations for him.
THE COURT: I would doubt that they have insurance and I would doubt—I mean—
[PUBLIC DEFENDER]: I seriously doubt that (indiscernible) be pay for that, yeah.
THE COURT: Yeah.
[ASSISTANT PROSECUTOR]: And I don’t think it’s appropriate for the Public Defender’s Office to do the Court eval—
THE COURT: I’m going to order that Steininger do it.

The juvenile court thereupon ordered J.S. under the care and supervision of DYFS, and further ordered that DYFS “[sjupply a written plan within 14 day[s].” The order specified that DYFS was to obtain the psychological and psychiatric evaluations, as well as to “obtain a sex offender evaluation and treatment” and “provide status of case”; it also stated, “Steininger to do evals.”4 The only additional fact of note from the October 15, 2007, hearing concerns who was, and was not, present. Present were J.S.; an assistant prosecutor; a public defender; J.S.’s mother, aunt, and grandmother; and officers of the court. Neither DYFS nor Steininger were represented. They were not parties and were not otherwise involved in the matter.

On November 1, 2007, DYFS filed a motion for reconsideration and vacation of the order on the basis that the court lacked authority to order DYFS to provide services to an individual who already had turned twenty-one years of age and who had no previous involvement with DYFS.

[470] While DYFS’s motion was pending, the court-ordered evaluations were conducted, despite DYFS’s request that Steininger await resolution of the motion for reconsideration. The psychological evaluation found that J.S. did not have any personality disorder or pathology. The evaluation included assessment of J.S.’s risk of sexually reoffending based on the Resident Risk Assessment Scale (RRAS). The RRAS assessment revealed that J.S. was a low risk. Nevertheless, the psychologist’s evaluation stated that J.S. could benefit from individual counseling to enable him to achieve a better understanding of his actions. As for the psychiatric evaluation, it revealed that J.S. was not suffering from any major psychiatric disorders or personality disorders and that there was no current indication for psychiatric treatment. The evaluating psychiatrist stated that J.S. “would benefit from counseling to deal with the ongoing issues of guilt, remorse and the sequellae from the issues surrounding his charges,” and that J.S. could receive such counseling through his church, if that venue was comfortable for him. That said, the psychiatrist’s conclusion was that J.S. did not pose a threat to himself or to others.

DYFS’s motion for reconsideration was heard on November 14, 2007, the date of the disposition hearing. As described by the court,

[DYFS] has asked that it be relieved of its obligation under my order to provide evaluations since this young man is more than 21 years of age, has no history with [DYFS], and although the offenses were committed when he was a juvenile, no services were provided at that time, and no file was opened until he was after 21 years of age.

In colloquy, both DYFS and the court initially appeared to view the issue as moot as to J.S. because his evaluations did not result in a recommendation of future services. Nevertheless, DYFS pressed its legal argument, concerned about the possibility of future orders being entered against the agency in delinquency dispositions involving individuals over the age of twenty-one who had no prior involvement with DYFS.

Although the prosecutor took no position as to whether DYFS should provide sex offender services under the circumstances, the prosecutor did have a position on the disposition. Despite the [471] recommendations of both the psychiatric and psychological evaluations that no services were required, the prosecutor recommended that J.S. receive, at a minimum, outpatient sex offender treatment, because ordering no counseling “just seem|_ed] to be somewhat offensive to the State.” The public defender agreed that despite the recommendations, J.S. “probably ... could use and benefit from some counseling.” Unlike the prosecutor, the public defender urged the court to order DYFS to provide the services.

The court held that, under the Juvenile Justice Code (Code), it had the authority and the intention to order DYFS to provide services for J.S., because he committed an offense while a juvenile, and because the condition for which he required counseling existed when he was a juvenile. The court stated that

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State ex rel. J.S., 998 A.2d 409, 202 N.J. 465, 2010 N.J. LEXIS 547 (N.J. 2010).

998 A.2d 409 (State ex rel. J.S.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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