North Carolina General Statutes Chapter 7B Juvenile Code
Article 1 - Purpose; Definitions.
- N.C. Gen. Stat. § 7B-100. Purpose
This Subchapter shall be interpreted and construed so as to implement the following purposes and policies: (1) To provide procedures for the hearing of...
- N.C. Gen. Stat. § 7B-101. Definitions
As used in this Subchapter, unless the context clearly requires otherwise, the following words have the listed meanings: (1) Abused juveniles. - Any juvenile...
Article 2 - Jurisdiction.
- N.C. Gen. Stat. § 7B-200. Jurisdiction
(a) The court has exclusive, original jurisdiction over any case involving a juvenile who is alleged to be abused, neglected, or dependent. This jurisdiction...
- N.C. Gen. Stat. § 7B-201. Retention and termination of jurisdiction
(a) When the court obtains jurisdiction over a juvenile, jurisdiction shall continue until terminated by order of the court or until the juvenile reaches...
- N.C. Gen. Stat. § 7B-202. Permanency mediation
(a) The Administrative Office of the Courts shall establish a Permanency Mediation Program to provide statewide and uniform services to resolve issues in cases...
- N.C. Gen. Stat. § 7B-203 through 7B-299. Reserved for future codification purposes
Article 3 - Screening of Abuse and Neglect Complaints.
- N.C. Gen. Stat. § 7B-300. Protective services
The director of the department of social services in each county of the State shall establish protective services for juveniles alleged to be abused,...
- N.C. Gen. Stat. § 7B-301. Duty to report abuse, neglect, dependency, or death due to maltreatment
(a) Any person or institution who has cause to suspect that any juvenile is abused, neglected, or dependent, as defined by G.S. 7B-101, or...
- N.C. Gen. Stat. § 7B-302. Assessment by director; access to confidential information; notification of person making the report
(a) When a report of abuse, neglect, or dependency is received, the director of the department of social services shall make a prompt and...
- N.C. Gen. Stat. § 7B-303. Interference with assessment
(a) If any person obstructs or interferes with an assessment required by G.S. 7B-302, the director may file a petition naming that person as...
- N.C. Gen. Stat. § 7B-304. Repealed by Session Laws 2003, c. 140, s. 1, effective June 4, 2003
- N.C. Gen. Stat. § 7B-305. Request for review by prosecutor
The person making the report shall have five working days, from receipt of the decision of the director of the department of social services...
- N.C. Gen. Stat. § 7B-306. Review by prosecutor
The prosecutor shall review the director's determination that a petition should not be filed within 20 days after the person making the report is...
- N.C. Gen. Stat. § 7B-307. Duty of director to report evidence of abuse, neglect; investigation by local law enforcement; notification of Department of Health and Human Services and State Bureau of Investigation
(a) If the director finds evidence that a juvenile may have been abused as defined by G.S. 7B-101, the director shall make an immediate...
- N.C. Gen. Stat. § 7B-308. Authority of medical professionals in abuse cases
(a) Any physician or administrator of a hospital, clinic, or other medical facility to which a suspected abused juvenile is brought for medical diagnosis...
- N.C. Gen. Stat. § 7B-309. Immunity of persons reporting and cooperating in an assessment
Anyone who makes a report pursuant to this Article, cooperates with the county department of social services in a protective services assessment, testifies in...
- N.C. Gen. Stat. § 7B-310. Privileges not grounds for failing to report or for excluding evidence
No privilege shall be grounds for any person or institution failing to report that a juvenile may have been abused, neglected, or dependent, even...
- N.C. Gen. Stat. § 7B-311. Central registry; responsible individuals list
(a) The Department of Health and Human Services shall maintain a central registry of abuse, neglect, and dependency cases and child fatalities that are...
- N.C. Gen. Stat. § 7B-312 through 7B-319. Reserved for future codification purposes
Article 3A - Judicial Review; Responsible Individuals List.
- N.C. Gen. Stat. § 7B-320. Notification to individual determined to be a responsible individual
(a) Within five working days after the completion of an investigative assessment response that results in a determination of abuse or serious neglect and...
- N.C. Gen. Stat. § 7B-323. Petition for judicial review; district court
(a) Within 15 days of the receipt of notice of the director's determination under G.S. 7B-320(a) or (b), an individual may file a petition...
- N.C. Gen. Stat. § 7B-324. Persons ineligible to petition for judicial review
(a) An individual who has been identified by a director as a responsible individual may not petition for judicial review if any of the...
- N.C. Gen. Stat. § 7B-325 through 7B-329. Reserved for future codification purposes
Article 4 - Venue; Petitions.
- N.C. Gen. Stat. § 7B-400. Venue
(a) A proceeding in which a juvenile is alleged to be abused, neglected, or dependent may be commenced in the district in which the...
- N.C. Gen. Stat. § 7B-401. Pleading and process
(a) The pleading in an abuse, neglect, or dependency action is the petition. The process in an abuse, neglect, or dependency action is the...
- N.C. Gen. Stat. § 7B-401.1. Parties
(a) Petitioner. - Only a county director of social services or the director's authorized representative may file a petition alleging that a juvenile is...
- N.C. Gen. Stat. § 7B-402. Petition
(a) The petition shall contain the name, date of birth, address of the juvenile, the name and last known address of each party as...
- N.C. Gen. Stat. § 7B-403. Receipt of reports; filing of petition
(a) All reports concerning a juvenile alleged to be abused, neglected, or dependent shall be referred to the director of the department of social...
- N.C. Gen. Stat. § 7B-404. Immediate need for petition when clerk's office is closed
(a) When the office of the clerk is closed, a magistrate may be authorized by the chief district court judge to draw, verify, and...
- N.C. Gen. Stat. § 7B-405. Commencement of action
An action is commenced by the filing of a petition in the clerk's office when that office is open or by the issuance of...
- N.C. Gen. Stat. § 7B-406. Issuance of summons
(a) Immediately after a petition has been filed alleging that a juvenile is abused, neglected, or dependent, the clerk shall issue a summons to...
- N.C. Gen. Stat. § 7B-407. Service of summons
The summons shall be served under G.S. 1A-1, Rule 4(j) upon the parent, guardian, custodian, or caretaker, not less than five days prior to...
- N.C. Gen. Stat. § 7B-408. Copy of petition and notices to guardian ad litem
Immediately after a petition has been filed alleging that a juvenile is abused or neglected, the clerk shall provide a copy of the petition...
- N.C. Gen. Stat. § 7B-409 through 7B-413. Reserved for future codification purposes
Article 5 - Temporary Custody; Nonsecure Custody; Custody Hearings.
- N.C. Gen. Stat. § 7B-500. Taking a juvenile into temporary custody; civil and criminal immunity
(a) Temporary custody means the taking of physical custody and providing personal care and supervision until a court order for nonsecure custody can be...
- N.C. Gen. Stat. § 7B-501. Duties of person taking juvenile into temporary custody
(a) A person who takes a juvenile into custody without a court order under G.S. 7B-500 shall proceed as follows: (1) Notify the juvenile's...
- N.C. Gen. Stat. § 7B-502. Authority to issue custody orders; delegation
In the case of any juvenile alleged to be within the jurisdiction of the court, the court may order that the juvenile be placed...
- N.C. Gen. Stat. § 7B-503. Criteria for nonsecure custody
(a) When a request is made for nonsecure custody, the court shall first consider release of the juvenile to the juvenile's parent, relative, guardian,...
- N.C. Gen. Stat. § 7B-504. Order for nonsecure custody
The custody order shall be in writing and shall direct a law enforcement officer or other authorized person to assume custody of the juvenile...
- N.C. Gen. Stat. § 7B-505. Placement while in nonsecure custody
(a) A juvenile meeting the criteria set out in G.S. 7B-503 may be placed in nonsecure custody with the department of social services or...
- N.C. Gen. Stat. § 7B-506. Hearing to determine need for continued nonsecure custody
(a) No juvenile shall be held under a nonsecure custody order for more than seven calendar days without a hearing on the merits or...
- N.C. Gen. Stat. § 7B-507. Reasonable efforts
(a) An order placing or continuing the placement of a juvenile in the custody or placement responsibility of a county department of social services,...
- N.C. Gen. Stat. § 7B-508. Telephonic communication authorized
All communications, notices, orders, authorizations, and requests authorized or required by G.S. 7B-501, 7B-503, and 7B-504 may be made by telephone when other means...
Article 6 - Basic Rights.
- N.C. Gen. Stat. § 7B-600. Appointment of guardian
(a) In any case when no parent appears in a hearing with the juvenile or when the court finds it would be in the...
- N.C. Gen. Stat. § 7B-601. Appointment and duties of guardian ad litem
(a) When in a petition a juvenile is alleged to be abused or neglected, the court shall appoint a guardian ad litem to represent...
- N.C. Gen. Stat. § 7B-602. Parent's right to counsel; guardian ad litem
(a) In cases where the juvenile petition alleges that a juvenile is abused, neglected, or dependent, the parent has the right to counsel and...
- N.C. Gen. Stat. § 7B-603. Payment of court-appointed attorney or guardian ad litem
(a) An attorney or guardian ad litem appointed pursuant to G.S. 7B-601 shall be paid a reasonable fee fixed by the court or by...
Article 7 - Discovery.
- N.C. Gen. Stat. § 7B-700. Sharing of information; discovery
(a) Sharing of Information. - A department of social services is authorized to share with any other party information relevant to the subject matter...
Article 8 - Hearing Procedures.
- N.C. Gen. Stat. § 7B-800. Amendment of petition
The court, in its discretion, may permit a petition to be amended. The court shall direct the manner in which an amended petition shall...
- N.C. Gen. Stat. § 7B-800.1. Pre-adjudication hearing
(a) Prior to the adjudicatory hearing, the court shall consider the following: (1) Retention or release of provisional counsel. (2) Identification of the parties...
- N.C. Gen. Stat. § 7B-801. Hearing
(a) At any hearing authorized or required under this Subchapter, the court in its discretion shall determine whether the hearing or any part of...
- N.C. Gen. Stat. § 7B-802. Conduct of hearing
The adjudicatory hearing shall be a judicial process designed to adjudicate the existence or nonexistence of any of the conditions alleged in a petition....
- N.C. Gen. Stat. § 7B-803. Continuances
The court may, for good cause, continue the hearing for as long as is reasonably required to receive additional evidence, reports, or assessments that...
- N.C. Gen. Stat. § 7B-804. Rules of evidence
Where the juvenile is alleged to be abused, neglected, or dependent, the rules of evidence in civil cases shall apply. (1979, c. 815, s....
- N.C. Gen. Stat. § 7B-805. Quantum of proof in adjudicatory hearing
The allegations in a petition alleging that a juvenile is abused, neglected, or dependent shall be proved by clear and convincing evidence. (1979, c....
- N.C. Gen. Stat. § 7B-806. Record of proceedings
All adjudicatory and dispositional hearings shall be recorded by stenographic notes or by electronic or mechanical means. Records shall be reduced to a written...
- N.C. Gen. Stat. § 7B-807. Adjudication
(a) If the court finds from the evidence, including stipulations by a party, that the allegations in the petition have been proven by clear...
- N.C. Gen. Stat. § 7B-808. Predisposition report
(a) The court shall proceed to the dispositional hearing upon receipt of sufficient social, medical, psychiatric, psychological, and educational information. No predisposition report shall...
Article 9 - Dispositions.
- N.C. Gen. Stat. § 7B-900. Purpose
The purpose of dispositions in juvenile actions is to design an appropriate plan to meet the needs of the juvenile and to achieve the...
- N.C. Gen. Stat. § 7B-900.1. Post adjudication venue
(a) At any time after adjudication, the court on its own motion or motion of any party may transfer venue to a different county,...
- N.C. Gen. Stat. § 7B-901. Dispositional hearing
The dispositional hearing shall take place immediately following the adjudicatory hearing and shall be concluded within 30 days of the conclusion of the adjudicatory...
- N.C. Gen. Stat. § 7B-902. Repealed by Session Laws 2011-295, s. 8, effective October 1, 2011, and applicable to actions filed on or pending on or after that date
- N.C. Gen. Stat. § 7B-903. Dispositional alternatives for abused, neglected, or dependent juvenile
(a) The following alternatives for disposition shall be available to any court exercising jurisdiction, and the court may combine any of the applicable alternatives...
- N.C. Gen. Stat. § 7B-904. Authority over parents of juvenile adjudicated as abused, neglected, or dependent
(a) If the court orders medical, surgical, psychiatric, psychological, or other treatment pursuant to G.S. 7B-903, the court may order the parent or other...
- N.C. Gen. Stat. § 7B-905. Dispositional order
(a) The dispositional order shall be in writing, signed, and entered no later than 30 days from the completion of the hearing, and shall...
- N.C. Gen. Stat. § 7B-905.1. Visitation
(a) An order that removes custody of a juvenile from a parent, guardian, or custodian or that continues the juvenile's placement outside the home...
- N.C. Gen. Stat. § 7B-906. Repealed by Session Laws 2013-129, s. 25, effective October 1, 2013, and applicable to actions filed or pending on or after that date
- N.C. Gen. Stat. § 7B-906.1. Review and permanency planning hearings
(a) In any case where custody is removed from a parent, guardian, or custodian, the court shall conduct a review hearing within 90 days...
- N.C. Gen. Stat. § 7B-907. Repealed by Session Laws 2013-129, s. 25, effective October 1, 2013, and applicable to actions filed or pending on or after that date
- N.C. Gen. Stat. § 7B-908. Post termination of parental rights' placement court review
(a) The purpose of each placement review is to ensure that every reasonable effort is being made to provide for a permanent placement plan...
- N.C. Gen. Stat. § 7B-909. Review of agency's plan for placement
(a) The director of social services or the director of the licensed private child-placing agency shall promptly notify the clerk to calendar the case...
- N.C. Gen. Stat. § 7B-910. Review of voluntary foster care placements
(a) The court shall review the placement of any juvenile in foster care made pursuant to a voluntary agreement between the juvenile's parents or...
- N.C. Gen. Stat. § 7B-911. Civil child custody order
(a) Upon placing custody with a parent or other appropriate person, the court shall determine whether or not jurisdiction in the juvenile proceeding should...
Article 10 - Modification and Enforcement of Dispositional Orders; Appeals.
- N.C. Gen. Stat. § 7B-1000. Authority to modify or vacate
(a) Upon motion in the cause or petition, and after notice, the court may conduct a review hearing to determine whether the order of...
- N.C. Gen. Stat. § 7B-1001. Right to appeal
(a) In a juvenile matter under this Subchapter, appeal of a final order of the court in a juvenile matter shall be made directly...
- N.C. Gen. Stat. § 7B-1002. Proper parties for appeal
Appeal from an order permitted under G.S. 7B-1001 may be taken by: (1) A juvenile acting through the juvenile's guardian ad litem previously appointed...
- N.C. Gen. Stat. § 7B-1003. Disposition pending appeal
(a) During an appeal of an order entered under this Subchapter, the trial court may enforce the order unless the trial court or an...
- N.C. Gen. Stat. § 7B-1004. Disposition after appeal
When an order of the court is affirmed by the Court of Appeals or by the Supreme Court, the trial court may modify or...
Article 11 - Termination of Parental Rights.
- N.C. Gen. Stat. § 7B-1100. Legislative intent; construction of Article
The General Assembly hereby declares as a matter of legislative policy with respect to termination of parental rights: (1) The general purpose of this...
- N.C. Gen. Stat. § 7B-1101. Jurisdiction
The court shall have exclusive original jurisdiction to hear and determine any petition or motion relating to termination of parental rights to any juvenile...
- N.C. Gen. Stat. § 7B-1101.1. Parent's right to counsel; guardian ad litem
(a) The parent has the right to counsel, and to appointed counsel in cases of indigency, unless the parent waives the right. The fees...
- N.C. Gen. Stat. § 7B-1102. Pending child abuse, neglect, or dependency proceedings
(a) When the district court is exercising jurisdiction over a juvenile and the juvenile's parent in an abuse, neglect, or dependency proceeding, a person...
- N.C. Gen. Stat. § 7B-1103. Who may file a petition or motion
(a) A petition or motion to terminate the parental rights of either or both parents to his, her, or their minor juvenile may only...
- N.C. Gen. Stat. § 7B-1104. Petition or motion
The petition, or motion pursuant to G.S. 7B-1102, shall be verified by the petitioner or movant and shall be entitled "In Re (last name...
- N.C. Gen. Stat. § 7B-1105. Preliminary hearing; unknown parent
(a) If either the name or identity of any parent whose parental rights the petitioner seeks to terminate is not known to the petitioner,...
- N.C. Gen. Stat. § 7B-1106. Issuance of summons
(a) Except as provided in G.S. 7B-1105, upon the filing of the petition, the court shall cause a summons to be issued. The summons...
- N.C. Gen. Stat. § 7B-1106.1. Notice in pending child abuse, neglect, or dependency cases
(a) Upon the filing of a motion pursuant to G.S. 7B-1102, the movant shall prepare a notice directed to each of the following persons...
- N.C. Gen. Stat. § 7B-1107. Failure of parent to answer or respond
Upon the failure of a respondent parent to file written answer to the petition or written response to the motion within 30 days after...
- N.C. Gen. Stat. § 7B-1108. Answer or response of parent; appointment of guardian ad litem for juvenile
(a) Any respondent may file a written answer to the petition or written response to the motion. Only a district court judge may grant...
- N.C. Gen. Stat. § 7B-1108.1. Pretrial hearing
(a) The court shall conduct a pretrial hearing. However, the court may combine the pretrial hearing with the adjudicatory hearing on termination in which...
- N.C. Gen. Stat. § 7B-1109. Adjudicatory hearing on termination
(a) The hearing on the termination of parental rights shall be conducted by the court sitting without a jury and shall be held in...
- N.C. Gen. Stat. § 7B-1110. Determination of best interests of the juvenile
(a) After an adjudication that one or more grounds for terminating a parent's rights exist, the court shall determine whether terminating the parent's rights...
- N.C. Gen. Stat. § 7B-1111. Grounds for terminating parental rights
(a) The court may terminate the parental rights upon a finding of one or more of the following: (1) The parent has abused or...
- N.C. Gen. Stat. § 7B-1112. Effects of termination order
An order terminating the parental rights completely and permanently terminates all rights and obligations of the parent to the juvenile and of the juvenile...
- N.C. Gen. Stat. § 7B-1112.1. Selection of adoptive parents
The process of selection of specific adoptive parents shall be the responsibility of and within the discretion of the county department of social services...
- N.C. Gen. Stat. § 7B-1113. Repealed by Session Laws 2005-398, s. 18, effective October 1, 2005
- N.C. Gen. Stat. § 7B-1114. Reinstatement of parental rights
(a) A juvenile whose parent's rights have been terminated, the guardian ad litem attorney, or a county department of social services with custody of...
Article 12 - Guardian ad Litem Program.
- N.C. Gen. Stat. § 7B-1200. Office of Guardian ad Litem Services established
There is established within the Administrative Office of the Courts an Office of Guardian ad Litem Services to provide services in accordance with G.S....
- N.C. Gen. Stat. § 7B-1201. Implementation and administration
(a) Local Programs. - The Administrative Office of the Courts shall, in cooperation with each chief district court judge and other personnel in the...
- N.C. Gen. Stat. § 7B-1202. Conflict of interest or impracticality of implementation
If a conflict of interest prohibits a local program from providing representation to an abused, neglected, or dependent juvenile, the court may appoint any...
- N.C. Gen. Stat. § 7B-1203. Alternative plans
A district court district shall be granted a waiver from the implementation of a local program if the Administrative Office of the Courts determines...
- N.C. Gen. Stat. § 7B-1204. Civil liability of volunteers
Any volunteer participating in a judicial proceeding pursuant to the program authorized by this Article shall not be civilly liable for acts or omissions...
Article 13 - Prevention of Abuse and Neglect.
- N.C. Gen. Stat. § 7B-1300. Purpose
It is the expressed intent of this Article to make the prevention of abuse and neglect, as defined in G.S. 7B-101, a priority of...
- N.C. Gen. Stat. § 7B-1301. Program on Prevention of Abuse and Neglect
(a) The Department of Health and Human Services, through the Division of Social Services, shall implement the Program on Prevention of Abuse and Neglect....
- N.C. Gen. Stat. § 7B-1302. Children's Trust Fund
(a) There is established a fund to be known as the "Children's Trust Fund," in the Department of Health and Human Services, Division of...
Article 14 - North Carolina Child Fatality Prevention System.
- N.C. Gen. Stat. § 7B-1400. Declaration of public policy
The General Assembly finds that it is the public policy of this State to prevent the abuse, neglect, and death of juveniles. The General...
- N.C. Gen. Stat. § 7B-1401. Definitions
The following definitions apply in this Article: (1) Additional Child Fatality. - Any death of a child that did not result from suspected abuse...
- N.C. Gen. Stat. § 7B-1402. Task Force - creation; membership; vacancies
(a) There is created the North Carolina Child Fatality Task Force within the Department of Health and Human Services for budgetary purposes only. (b)...
- N.C. Gen. Stat. § 7B-1403. Task Force - duties
The Task Force shall: (1) Undertake a statistical study of the incidences and causes of child deaths in this State and establish a profile...
- N.C. Gen. Stat. § 7B-1404. State Team - creation; membership; vacancies
(a) There is created the North Carolina Child Fatality Prevention Team within the Department of Health and Human Services for budgetary purposes only. (b)...
- N.C. Gen. Stat. § 7B-1405. State Team - duties
The State Team shall: (1) Review current deaths of children when those deaths are attributed to child abuse or neglect or when the decedent...
- N.C. Gen. Stat. § 7B-1406. Community Child Protection Teams; Child Fatality Prevention Teams; creation and duties
(a) Community Child Protection Teams are established in every county of the State. Each Community Child Protection Team shall: (1) Review, in accordance with...
- N.C. Gen. Stat. § 7B-1407. Local Teams; composition
(a) Each Local Team shall consist of representatives of public and nonpublic agencies in the community that provide services to children and their families...
- N.C. Gen. Stat. § 7B-1408. Child Fatality Prevention Team Coordinator; duties
The Child Fatality Prevention Team Coordinator shall serve as liaison between the State Team and the Local Teams that review records of additional child...
- N.C. Gen. Stat. § 7B-1409. Community Child Protection Teams; duties of the director of the county department of social services
In addition to any other duties as a member of the Community Child Protection Team, and in connection with the reviews under G.S. 7B-1406(a)(1),...
- N.C. Gen. Stat. § 7B-1410. Local Teams; duties of the director of the local department of health
In addition to any other duties as a member of the Local Team and in connection with reviews of additional child fatalities, the director...
- N.C. Gen. Stat. § 7B-1411. Community Child Protection Teams; responsibility for training of team members
The Division of Social Services, Department of Health and Human Services, shall develop and make available, on an ongoing basis, for the members of...
- N.C. Gen. Stat. § 7B-1412. Task Force - reports
The Task Force shall report annually to the Governor and General Assembly, within the first week of the convening or reconvening of the General...
- N.C. Gen. Stat. § 7B-1413. Access to records
(a) The State Team, the Local Teams, and the Task Force during its existence, shall have access to all medical records, hospital records, and...
- N.C. Gen. Stat. § 7B-1414. Administration; funding
(a) To the extent of funds available, the chairs of the Task Force and State Team may hire staff or consultants to assist the...
Article 15 - Purposes; Definitions.
- N.C. Gen. Stat. § 7B-1500. Purpose
This Subchapter shall be interpreted and construed so as to implement the following purposes and policies: (1) To protect the public from acts of...
- N.C. Gen. Stat. § 7B-1501. Definitions
In this Subchapter, unless the context clearly requires otherwise, the following words have the listed meanings. The singular includes the plural, unless otherwise specified....
Article 16 - Jurisdiction.
- N.C. Gen. Stat. § 7B-1600. Jurisdiction over undisciplined juveniles
(a) The court has exclusive, original jurisdiction over any case involving a juvenile who is alleged to be undisciplined. For purposes of determining jurisdiction,...
- N.C. Gen. Stat. § 7B-1601. Jurisdiction over delinquent juveniles
(a) The court has exclusive, original jurisdiction over any case involving a juvenile who is alleged to be delinquent. For purposes of determining jurisdiction,...
- N.C. Gen. Stat. § 7B-1602. Extended jurisdiction over a delinquent juvenile under certain circumstances
(a) When a juvenile is committed to the Division for placement in a youth development center for an offense that would be first degree...
- N.C. Gen. Stat. § 7B-1603. Jurisdiction in certain circumstances
The court has exclusive original jurisdiction of all of the following proceedings: (1) Proceedings under the Interstate Compact on the Placement of Children set...
- N.C. Gen. Stat. § 7B-1604. Limitations on juvenile court jurisdiction
(a) Any juvenile, including a juvenile who is under the jurisdiction of the court, who commits a criminal offense on or after the juvenile's...
Article 17 - Screening of Delinquency and Undisciplined Complaints.
- N.C. Gen. Stat. § 7B-1700. Intake services
The chief court counselor, under the direction of the Division, shall establish intake services in each judicial district of the State for all delinquency...
- N.C. Gen. Stat. § 7B-1700.1. Duty to report abuse, neglect, dependency
Any time a juvenile court counselor or any person has cause to suspect that a juvenile is abused, neglected, or dependent, or has died...
- N.C. Gen. Stat. § 7B-1701. Preliminary inquiry
When a complaint is received, the juvenile court counselor shall make a preliminary determination as to whether the juvenile is within the jurisdiction of...
- N.C. Gen. Stat. § 7B-1702. Evaluation
Upon a finding of legal sufficiency, except in cases involving nondivertible offenses set out in G.S. 7B-1701, the juvenile court counselor shall determine whether...
- N.C. Gen. Stat. § 7B-1703. Evaluation decision
(a) The juvenile court counselor shall complete evaluation of a complaint within 15 days of receipt of the complaint, with an extension for a...
- N.C. Gen. Stat. § 7B-1704. Request for review by prosecutor
The complainant has five calendar days, from receipt of the juvenile court counselor's decision not to approve the filing of a petition, to request...
- N.C. Gen. Stat. § 7B-1705. Review of determination that petition should not be filed
No later than 20 days after the complainant is notified, the prosecutor shall review the juvenile court counselor's determination that a juvenile petition should...
- N.C. Gen. Stat. § 7B-1706. Diversion plans and referral
(a) Unless the offense is one in which a petition is required by G.S. 7B-1701, upon a finding of legal sufficiency the juvenile court...
- N.C. Gen. Stat. § 7B-1707. Direct contempt by juvenile
The preceding sections of this Article do not apply when a juvenile is ordered pursuant to G.S. 5A-32(b) to appear and show cause why...
Article 18 - Venue; Petition; Summons.
- N.C. Gen. Stat. § 7B-1800. Venue
(a) A proceeding in which a juvenile is alleged to be delinquent or undisciplined shall be commenced and adjudicated in the district in which...
- N.C. Gen. Stat. § 7B-1801. Pleading and process
The pleading in a juvenile action is the petition. The process in a juvenile action is the summons. (1979, c. 815, s. 1; 1998-202,...
- N.C. Gen. Stat. § 7B-1802. Petition
The petition shall contain the name, date of birth, and address of the juvenile and the name and last known address of the juvenile's...
- N.C. Gen. Stat. § 7B-1803. Receipt of complaints; filing of petition
(a) All complaints concerning a juvenile alleged to be delinquent or undisciplined shall be referred to the juvenile court counselor for screening and evaluation....
- N.C. Gen. Stat. § 7B-1804. Commencement of action
(a) An action is commenced by the filing of a petition in the clerk's office when that office is open, or by a magistrate's...
- N.C. Gen. Stat. § 7B-1805. Issuance of summons
(a) Immediately after a petition has been filed alleging that a juvenile is undisciplined or delinquent, the clerk shall issue a summons to the...
- N.C. Gen. Stat. § 7B-1806. Service of summons
The summons and petition shall be personally served upon the parent, the guardian, or custodian and the juvenile not less than five days prior...
- N.C. Gen. Stat. § 7B-1807. Notice to parent and juvenile of scheduled hearings
The clerk shall give to all parties, including both parents of the juvenile, the juvenile's guardian or custodian, and any other person who has...
- N.C. Gen. Stat. § 7B-1808. First appearance for felony cases
(a) A juvenile who is alleged in the petition to have committed an offense that would be a felony if committed by an adult...
Article 19 - Temporary Custody; Secure and Nonsecure Custody; Custody Hearings.
- N.C. Gen. Stat. § 7B-1900. Taking a juvenile into temporary custody
Temporary custody means the taking of physical custody and providing personal care and supervision until a court order for secure or nonsecure custody can...
- N.C. Gen. Stat. § 7B-1901. Duties of person taking juvenile into temporary custody
(a) A person who takes a juvenile into custody without a court order under G.S. 7B-1900(1) or (2) shall proceed as follows: (1) Notify...
- N.C. Gen. Stat. § 7B-1902. Authority to issue custody orders; delegation
In the case of any juvenile alleged to be within the jurisdiction of the court, when the court finds it necessary to place the...
- N.C. Gen. Stat. § 7B-1903. Criteria for secure or nonsecure custody
(a) When a request is made for nonsecure custody, the court shall first consider release of the juvenile to the juvenile's parent, guardian, custodian,...
- N.C. Gen. Stat. § 7B-1904. Order for secure or nonsecure custody
The custody order shall be in writing and shall direct a law enforcement officer or other authorized person to assume custody of the juvenile...
- N.C. Gen. Stat. § 7B-1905. Place of secure or nonsecure custody
(a) A juvenile meeting the criteria set out in G.S. 7B-1903(a), may be placed in nonsecure custody with a department of social services or...
- N.C. Gen. Stat. § 7B-1906. Secure or nonsecure custody hearings
(a) No juvenile shall be held under a secure custody order for more than five calendar days or under a nonsecure custody order for...
- N.C. Gen. Stat. § 7B-1907. Telephonic communication authorized
All communications, notices, orders, authorizations, and requests authorized or required by G.S. 7B-1901, 7B-1903, and 7B-1904 may be made by telephone when other means...
Article 20 - Basic Rights.
- N.C. Gen. Stat. § 7B-2000. Juvenile's right to counsel; presumption of indigence
(a) A juvenile alleged to be within the jurisdiction of the court has the right to be represented by counsel in all proceedings. Counsel...
- N.C. Gen. Stat. § 7B-2001. Appointment of guardian
In any case when no parent, guardian, or custodian appears in a hearing with the juvenile or when the court finds it would be...
- N.C. Gen. Stat. § 7B-2002. Payment of court-appointed attorney
An attorney appointed pursuant to G.S. 7B-2000 or pursuant to any other provision of this Subchapter shall be paid a reasonable fee in accordance...
Article 21 - Law Enforcement Procedures in Delinquency Proceedings.
- N.C. Gen. Stat. § 7B-2100. Role of the law enforcement officer
A law enforcement officer who takes a juvenile into temporary custody should select the most appropriate course of action to the situation, the needs...
- N.C. Gen. Stat. § 7B-2101. Interrogation procedures
(a) Any juvenile in custody must be advised prior to questioning: (1) That the juvenile has a right to remain silent; (2) That any...
- N.C. Gen. Stat. § 7B-2102. Fingerprinting and photographing juveniles
(a) A law enforcement officer or agency shall fingerprint and photograph a juvenile who was 10 years of age or older at the time...
- N.C. Gen. Stat. § 7B-2103. Authority to issue nontestimonial identification order where juvenile alleged to be delinquent
Except as provided in G.S. 7B-2102, nontestimonial identification procedures shall not be conducted on any juvenile without a court order issued pursuant to this...
- N.C. Gen. Stat. § 7B-2104. Time of application for nontestimonial identification order
A request for a nontestimonial identification order may be made prior to taking a juvenile into custody or after custody and prior to the...
- N.C. Gen. Stat. § 7B-2105. Grounds for nontestimonial identification order
(a) Except as provided in subsection (b) of this section, a nontestimonial identification order may issue only on affidavit or affidavits sworn to before...
- N.C. Gen. Stat. § 7B-2106. Issuance of order
Upon a showing that the grounds specified in G.S. 7B-2105 exist, the judge may issue an order following the same procedure as in the...
- N.C. Gen. Stat. § 7B-2107. Nontestimonial identification order at request of juvenile
A juvenile in custody for or charged with an offense which if committed by an adult would be a felony offense may request that...
- N.C. Gen. Stat. § 7B-2108. Destruction of records resulting from nontestimonial identification procedures
The results of any nontestimonial identification procedures shall be retained or disposed of as follows: (1) If a petition is not filed against a...
- N.C. Gen. Stat. § 7B-2109. Penalty for willful violation
Any person who willfully violates provisions of this Article which prohibit conducting nontestimonial identification procedures without an order issued by the court shall be...
Article 22 - Probable Cause Hearing and Transfer Hearing.
- N.C. Gen. Stat. § 7B-2200. Transfer of jurisdiction of juvenile to superior court
After notice, hearing, and a finding of probable cause the court may, upon motion of the prosecutor or the juvenile's attorney or upon its...
- N.C. Gen. Stat. § 7B-2201. Fingerprinting and DNA sample from juvenile transferred to superior court
(a) When jurisdiction over a juvenile is transferred to the superior court, the juvenile shall be fingerprinted and the juvenile's fingerprints shall be sent...
- N.C. Gen. Stat. § 7B-2202. Probable cause hearing
(a) The court shall conduct a hearing to determine probable cause in all felony cases in which a juvenile was 13 years of age...
- N.C. Gen. Stat. § 7B-2203. Transfer hearing
(a) At the transfer hearing, the prosecutor and the juvenile may be heard and may offer evidence, and the juvenile's attorney may examine any...
- N.C. Gen. Stat. § 7B-2204. Right to pretrial release; detention
Once the order of transfer has been entered, the juvenile has the right to pretrial release as provided in G.S. 15A-533 and G.S 15A-534....
Article 23 - Discovery.
- N.C. Gen. Stat. § 7B-2300. Disclosure of evidence by petitioner
(a) Statement of the Juvenile. - Upon motion of a juvenile alleged to be delinquent, the court shall order the petitioner: (1) To permit...
- N.C. Gen. Stat. § 7B-2301. Disclosure of evidence by juvenile
(a) Names of Witnesses. - Upon motion of the petitioner, the court shall order the juvenile to furnish to the petitioner the names of...
- N.C. Gen. Stat. § 7B-2302. Regulation of discovery; protective orders
(a) Upon written motion of a party and a finding of good cause, the court may at any time order that discovery or inspection...
- N.C. Gen. Stat. § 7B-2303. Continuing duty to disclose
If a party, subject to compliance with an order issued pursuant to this Article, discovers additional evidence prior to or during the hearing or...
Article 24 - Hearing Procedures.
- N.C. Gen. Stat. § 7B-2400. Amendment of petition
The court may permit a petition to be amended when the amendment does not change the nature of the offense alleged. If a motion...
- N.C. Gen. Stat. § 7B-2401. Determination of incapacity to proceed; evidence; temporary commitment; temporary orders
The provisions of G.S. 15A-1001, 15A-1002, and 15A-1003 apply to all cases in which a juvenile is alleged to be delinquent. No juvenile committed...
- N.C. Gen. Stat. § 7B-2402. Open hearings
All hearings authorized or required pursuant to this Subchapter shall be open to the public unless the court closes the hearing or part of...
- N.C. Gen. Stat. § 7B-2402.1. Restraint of juveniles in courtroom
At any hearing authorized or required by this Subchapter, the judge may subject a juvenile to physical restraint in the courtroom only when the...
- N.C. Gen. Stat. § 7B-2403. Adjudicatory hearing
The adjudicatory hearing shall be held within a reasonable time in the district at the time and place the chief district court judge designates....
- N.C. Gen. Stat. § 7B-2404. Participation of the prosecutor
A prosecutor shall represent the State in contested delinquency hearings including first appearance, detention, probable cause, transfer, adjudicatory, dispositional, probation revocation, post-release supervision, and...
- N.C. Gen. Stat. § 7B-2405. Conduct of the adjudicatory hearing
The adjudicatory hearing shall be a judicial process designed to determine whether the juvenile is undisciplined or delinquent. In the adjudicatory hearing, the court...
- N.C. Gen. Stat. § 7B-2406. Continuances
The court for good cause may continue the hearing for as long as is reasonably required to receive additional evidence, reports, or assessments that...
- N.C. Gen. Stat. § 7B-2407. When admissions by juvenile may be accepted
(a) The court may accept an admission from a juvenile only after first addressing the juvenile personally and: (1) Informing the juvenile that the...
- N.C. Gen. Stat. § 7B-2408. Rules of evidence
If the juvenile denies the allegations of the petition, the court shall proceed in accordance with the rules of evidence applicable to criminal cases....
- N.C. Gen. Stat. § 7B-2409. Quantum of proof in adjudicatory hearing
The allegations of a petition alleging the juvenile is delinquent shall be proved beyond a reasonable doubt. The allegations in a petition alleging undisciplined...
- N.C. Gen. Stat. § 7B-2410. Record of proceedings
All adjudicatory and dispositional hearings and hearings on probable cause and transfer to superior court shall be recorded by stenographic notes or by electronic...
- N.C. Gen. Stat. § 7B-2411. Adjudication
If the court finds that the allegations in the petition have been proved as provided in G.S. 7B-2409, the court shall so state in...
- N.C. Gen. Stat. § 7B-2412. Legal effect of adjudication of delinquency
An adjudication that a juvenile is delinquent or commitment of a juvenile to the Division for placement in a youth development center shall neither...
- N.C. Gen. Stat. § 7B-2413. Predisposition investigation and report
The court shall proceed to the dispositional hearing upon receipt of the predisposition report. A risk and needs assessment, containing information regarding the juvenile's...
- N.C. Gen. Stat. § 7B-2414. When jeopardy attaches
Jeopardy attaches in an adjudicatory hearing when the court begins to hear evidence. (1979, c. 815, s. 1; 1998-202, s. 6.)
Article 25 - Dispositions.
- N.C. Gen. Stat. § 7B-2500. Purpose
The purpose of dispositions in juvenile actions is to design an appropriate plan to meet the needs of the juvenile and to achieve the...
- N.C. Gen. Stat. § 7B-2501. Dispositional hearing
(a) The dispositional hearing may be informal, and the court may consider written reports or other evidence concerning the needs of the juvenile. The...
- N.C. Gen. Stat. § 7B-2502. Evaluation and treatment of undisciplined and delinquent juveniles
(a) In any case, the court may order that the juvenile be examined by a physician, psychiatrist, psychologist, or other qualified expert as may...
- N.C. Gen. Stat. § 7B-2503. Dispositional alternatives for undisciplined juveniles
The following alternatives for disposition shall be available to the court exercising jurisdiction over a juvenile who has been adjudicated undisciplined. In placing a...
- N.C. Gen. Stat. § 7B-2504. Conditions of protective supervision for undisciplined juveniles
The court may place a juvenile on protective supervision pursuant to G.S. 7B-2503 so that the juvenile court counselor may (i) assist the juvenile...
- N.C. Gen. Stat. § 7B-2505. Violation of protective supervision by undisciplined juvenile
(a) On motion of the juvenile court counselor or the juvenile, or on the court's own motion, the court may review the progress of...
- N.C. Gen. Stat. § 7B-2506. Dispositional alternatives for delinquent juveniles
The court exercising jurisdiction over a juvenile who has been adjudicated delinquent may use the following alternatives in accordance with the dispositional structure set...
- N.C. Gen. Stat. § 7B-2507. Delinquency history levels
(a) Generally. - The delinquency history level for a delinquent juvenile is determined by calculating the sum of the points assigned to each of...
- N.C. Gen. Stat. § 7B-2508. Dispositional limits for each class of offense and delinquency history level
(a) Offense Classification. - The offense classifications are as follows: (1) Violent - Adjudication of a Class A through E felony offense; (2) Serious...
- N.C. Gen. Stat. § 7B-2509. Registration of certain delinquent juveniles
In any case in which a juvenile, who was at least 11 years of age at the time of the offense, is adjudicated delinquent...
- N.C. Gen. Stat. § 7B-2510. Conditions of probation; violation of probation
(a) In any case where a juvenile is placed on probation pursuant to G.S. 7B-2506(8), the juvenile court counselor shall have the authority to...
- N.C. Gen. Stat. § 7B-2511. Termination of probation
At the end of or at any time during probation, the court may terminate probation by written order upon finding that there is no...
- N.C. Gen. Stat. § 7B-2512. Dispositional order
The dispositional order shall be in writing and shall contain appropriate findings of fact and conclusions of law. The court shall state with particularity,...
- N.C. Gen. Stat. § 7B-2513. Commitment of delinquent juvenile to Division
(a) Pursuant to G.S. 7B-2506 and G.S. 7B-2508, the court may commit a delinquent juvenile who is at least 10 years of age to...
- N.C. Gen. Stat. § 7B-2514. Post-release supervision planning; release
(a) The Division shall be responsible for evaluation of the progress of each juvenile at least once every six months as long as the...
- N.C. Gen. Stat. § 7B-2515. Notification of extended commitment; plan of treatment
(a) In determining whether a juvenile should be released before the juvenile's 18th birthday, the Division shall consider the protection of the public and...
- N.C. Gen. Stat. § 7B-2516. Revocation of post-release supervision
(a) On motion of the juvenile court counselor providing post-release supervision or motion of the juvenile, or on the court's own motion, and after...
- N.C. Gen. Stat. § 7B-2517. Transfer authority of Governor
The Governor may order transfer of any person less than 18 years of age from any jail or penal facility of the State to...
Article 26 - Modification and Enforcement of Dispositional Orders; Appeals.
- N.C. Gen. Stat. § 7B-2600. Authority to modify or vacate
(a) Upon motion in the cause or petition, and after notice, the court may conduct a review hearing to determine whether the order of...
- N.C. Gen. Stat. § 7B-2601. Request for modification for lack of suitable services
If the Division finds that any juvenile committed to the Division's care is not suitable for its program, the Division may make a motion...
- N.C. Gen. Stat. § 7B-2602. Right to appeal
Upon motion of a proper party as defined in G.S. 7B-2604, review of any final order of the court in a juvenile matter under...
- N.C. Gen. Stat. § 7B-2603. Right to appeal transfer decision
(a) Notwithstanding G.S. 7B-2602, any order transferring jurisdiction of the district court in a juvenile matter to the superior court may be appealed to...
- N.C. Gen. Stat. § 7B-2604. Proper parties for appeal
(a) An appeal may be taken by the juvenile, the juvenile's parent, guardian, or custodian, a county, or the State. (b) The State's appeal...
- N.C. Gen. Stat. § 7B-2605. Disposition pending appeal
Pending disposition of an appeal, the release of the juvenile, with or without conditions, should issue in every case unless the court orders otherwise....
- N.C. Gen. Stat. § 7B-2606. Disposition after appeal
Upon the affirmation of the order of adjudication or disposition of the court by the Court of Appeals or by the Supreme Court in...
Article 27 - Authority over Parents of Juveniles Adjudicated Delinquent or Undisciplined.
- N.C. Gen. Stat. § 7B-2700. Appearance in court
The parent, guardian, or custodian of a juvenile under the jurisdiction of the juvenile court shall attend the hearings of which the parent, guardian,...
- N.C. Gen. Stat. § 7B-2701. Parental responsibility classes
The court may order the parent, guardian, or custodian of a juvenile who has been adjudicated undisciplined or delinquent to attend parental responsibility classes...
- N.C. Gen. Stat. § 7B-2702. Medical, surgical, psychiatric, or psychological evaluation or treatment of juvenile or parent
(a) If the court orders medical, surgical, psychiatric, psychological, or other evaluation or treatment pursuant to G.S. 7B-2502, the court may order the parent...
- N.C. Gen. Stat. § 7B-2703. Compliance with orders of court
(a) The court may order the parent, guardian, or custodian, to the extent that person is able to do so, to provide transportation for...
- N.C. Gen. Stat. § 7B-2704. Payment of support or other expenses; assignment of insurance coverage
At the dispositional hearing or a subsequent hearing, if the court finds that the parent is able to do so, the court may order...
- N.C. Gen. Stat. § 7B-2705. Employment discrimination unlawful
No employer may discharge, demote, or deny a promotion or other benefit of employment to any employee because the employee complies with the provisions...
- N.C. Gen. Stat. § 7B-2706. Contempt for failure to comply
Upon motion of the juvenile court counselor or prosecutor or upon the court's own motion, the court may issue an order directing the parent,...
Article 28 - Interstate Compact on Juveniles.
- N.C. Gen. Stat. § 7B-2800. (For contingent repeal - see note) Execution of Compact
The Governor is hereby authorized and directed to execute a Compact on behalf of this State with any other state or states legally joining...
- N.C. Gen. Stat. § 7B-2801. (For contingent repeal - see note) Findings and purposes
Juveniles who are not under proper supervision and control, or who have absconded, escaped, or run away, are likely to endanger their own health,...
- N.C. Gen. Stat. § 7B-2802. (For contingent repeal - see note) Existing rights and remedies
All remedies and procedures provided by this Compact are in addition to and not in substitution for other rights, remedies, and procedures and are...
- N.C. Gen. Stat. § 7B-2803. (For contingent repeal - see note) Definitions
For the purposes of this Compact, "delinquent juvenile" means any juvenile who has been adjudged delinquent and who, at the time the provisions of...
- N.C. Gen. Stat. § 7B-2804. (For contingent repeal - see note) Return of runaways
(a) The parent, guardian, person, or agency entitled to legal custody of a juvenile who has not been adjudged delinquent but who has run...
- N.C. Gen. Stat. § 7B-2805. (For contingent repeal - see note) Return of escapees and absconders
(a) The appropriate person or authority from whose probation or parole supervision a delinquent juvenile has absconded or from whose institutional custody a delinquent...
- N.C. Gen. Stat. § 7B-2806. (For contingent repeal - see note) Voluntary return procedure
Any delinquent juvenile who has absconded while on probation or parole, or escaped from an institution or agency vested with legal custody or supervision...
- N.C. Gen. Stat. § 7B-2807. (For contingent repeal - see note) Cooperative supervision of probationers and parolees
(a) That the duly constituted judicial and administrative authorities of a state party to this Compact (herein called "sending state") may permit any delinquent...
- N.C. Gen. Stat. § 7B-2808. (For contingent repeal - see note) Responsibility for costs
(a) The provisions of G.S. 7B-2804(b), 7B-2805(b), and 7B-2807(d) shall not be construed to alter or affect any internal relationship among the departments, agencies,...
- N.C. Gen. Stat. § 7B-2809. (For contingent repeal - see note) Detention practices
To every extent possible, it shall be the policy of states party to this Compact that no juvenile or delinquent juvenile shall be placed...
- N.C. Gen. Stat. § 7B-2810. (For contingent repeal - see note) Supplementary agreements
The duly constituted administrative authorities of a state party to this Compact may enter into supplementary agreements with any other state or states party...
- N.C. Gen. Stat. § 7B-2811. (For contingent repeal - see note) Acceptance of federal and other aid
Any state party to this Compact may accept any and all donations, gifts, and grants of money, equipment, and services from the federal or...
- N.C. Gen. Stat. § 7B-2812. (For contingent repeal - see note) Compact administrators
The governor of each state party to this Compact shall designate an officer who, acting jointly with like officers of other party states, shall...
- N.C. Gen. Stat. § 7B-2813. (For contingent repeal - see note) Execution of Compact
This Compact shall become operative immediately upon its execution by any state as between it and any other state or states so executing. When...
- N.C. Gen. Stat. § 7B-2814. (For contingent repeal - see note) Renunciation
This Compact shall continue in force and remain binding upon each executing state until renounced by it. Renunciation of this Compact shall be by...
- N.C. Gen. Stat. § 7B-2815. (For contingent repeal - see note) Severability
The provisions of this Compact shall be severable and, if any phrase, clause, sentence, or provision of this Compact is declared to be contrary...
- N.C. Gen. Stat. § 7B-2816. (For contingent repeal - see note) Authority of Governor to designate Compact Administrator
Pursuant to said Compact, the Governor is hereby authorized and empowered to designate an officer who shall be the Compact Administrator and who, acting...
- N.C. Gen. Stat. § 7B-2817. (For contingent repeal - see note) Authority of Compact Administrator to enter into supplementary agreements
The Compact Administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to the Compact. In...
- N.C. Gen. Stat. § 7B-2818. (For contingent repeal - see note) Discharging financial obligations imposed by Compact or agreement
The Compact Administrator, subject to the approval of the Director of the Budget, may make or arrange for any payments necessary to discharge any...
- N.C. Gen. Stat. § 7B-2819. (For contingent repeal - see note) Enforcement of Compact
The courts, departments, agencies, and officers of this State and subdivisions shall enforce this Compact and shall do all things appropriate to the effectuation...
- N.C. Gen. Stat. § 7B-2820. (For contingent repeal - see note) Additional procedure for returning runaways not precluded
In addition to any procedure provided in G.S. 7B-2804 and G.S. 7B-2806 of the Compact for the return of any runaway juvenile, the particular...
- N.C. Gen. Stat. § 7B-2821. (For contingent repeal - see note) Proceedings for return of runaways under G.S. 7B-2804 of Compact; "juvenile" construed
The judge of any court in North Carolina to which an application is made for the return of a runaway under the provisions of...
- N.C. Gen. Stat. § 7B-2822. (For contingent repeal - see note) Interstate parole and probation hearing procedures for juveniles
Where supervision of a parolee or probationer is being administered pursuant to the Interstate Compact on Juveniles, the appropriate judicial or administrative authorities in...
- N.C. Gen. Stat. § 7B-2823. (For contingent repeal - see note) Hearing officers
Any hearing pursuant to this Article may be before the Administrator of the Interstate Compact on Juveniles, a deputy of the Administrator, or any...
- N.C. Gen. Stat. § 7B-2824. (For contingent repeal - see note) Due process at parole or probation violation hearing
With respect to any hearing pursuant to this Article, the parolee or probationer: (1) Shall have reasonable notice in writing of the nature and...
- N.C. Gen. Stat. § 7B-2825. (For contingent repeal - see note) Effect of parole or probation violation hearing outside State
In any case of alleged parole or probation violation by a person being supervised in another state pursuant to the Interstate Compact on Juveniles,...
- N.C. Gen. Stat. § 7B-2826. (For contingent repeal - see note) Amendment to Interstate Compact on Juveniles concerning interstate rendition of juveniles alleged to be delinquent
(a) This amendment shall provide additional remedies and shall be binding only as among and between those party states which specifically execute the same....
- N.C. Gen. Stat. § 7B-2827. (For contingent repeal - see note) Out-of-State Confinement Amendment
(a) The Out-of-State Confinement Amendment to the Interstate Compact on Juveniles is hereby enacted into law and entered into by this State with all...
- N.C. Gen. Stat. § 7B-2828 through 7B-2899. Reserved for future codification purposes
Article 29 - Records and Social Reports of Cases of Abuse, Neglect, and Dependency.
- N.C. Gen. Stat. § 7B-2900. Definitions
The definitions of G.S. 7B-101 and G.S. 7B-1501 apply to this Subchapter. (1998-202, s. 6.)
- N.C. Gen. Stat. § 7B-2901. Confidentiality of records
(a) The clerk shall maintain a complete record of all juvenile cases filed in the clerk's office alleging abuse, neglect, or dependency. The records...
- N.C. Gen. Stat. § 7B-2902. Disclosure in child fatality or near fatality cases
(a) The following definitions apply in this section: (1) Child fatality. - The death of a child from suspected abuse, neglect, or maltreatment. (2)...
Article 30 - Juvenile Records and Social Reports of Delinquency and Undisciplined Cases.
- N.C. Gen. Stat. § 7B-3000. Juvenile court records
(a) The clerk shall maintain a complete record of all juvenile cases filed in the clerk's office to be known as the juvenile record....
- N.C. Gen. Stat. § 7B-3001. Other records relating to juveniles
(a) The chief court counselor shall maintain a record of all cases of juveniles under supervision of juvenile court counselors, to be known as...
Article 31 - Disclosure of Juvenile Information.
- N.C. Gen. Stat. § 7B-3100. Disclosure of information about juveniles
(a) The Division, after consultation with the Conference of Chief District Court Judges, shall adopt rules designating certain local agencies that are authorized to...
- N.C. Gen. Stat. § 7B-3101. Notification of schools when juveniles are alleged or found to be delinquent
(a) Notwithstanding G.S. 7B-3000, the juvenile court counselor shall deliver verbal and written notification of the following actions to the principal of the school...
- N.C. Gen. Stat. § 7B-3102. Disclosure of information about juveniles who escape
(a) Notwithstanding G.S. 7B-2102(d) or any other law to the contrary, within 24 hours of the time a juvenile escapes from custody the Division...
Article 32 - Expunction of Juvenile Records.
- N.C. Gen. Stat. § 7B-3200. Expunction of records of juveniles alleged or adjudicated delinquent and undisciplined
(a) Any person who has attained the age of 18 years may file a petition in the court where the person was adjudicated undisciplined...
- N.C. Gen. Stat. § 7B-3201. Effect of expunction
(a) Whenever a juvenile's record is expunged, with respect to the matter in which the record was expunged, the juvenile who is the subject...
- N.C. Gen. Stat. § 7B-3202. Notice of expunction
Upon expunction of a juvenile's record, the clerk shall send a written notice to the juvenile at the juvenile's last known address informing the...
Article 33 - Computation of Recidivism Rates.
- N.C. Gen. Stat. § 7B-3300. Repealed by Session Laws 2005-276, s. 14.19(c), effective July 1, 2005
Article 34 - Parental Authority over Juveniles.
- N.C. Gen. Stat. § 7B-3400. Juvenile under 18 subject to parents' control
Notwithstanding any other provision of law, any juvenile under 18 years of age, except as provided in G.S. 7B-3402 and G.S. 7B-3403, shall be...
- N.C. Gen. Stat. § 7B-3401. Definitions
The definitions of G.S. 7B-101 and G.S. 7B-1501 apply to this Subchapter. (1998-202, s. 6.)
- N.C. Gen. Stat. § 7B-3402. Exceptions
This Article shall not apply to any juvenile under the age of 18 who is married or who is serving in the Armed Forces...
- N.C. Gen. Stat. § 7B-3403. No criminal liability created
This Article shall not be interpreted to place any criminal liability on a parent, guardian, or custodian for any act of the juvenile 16...
- N.C. Gen. Stat. § 7B-3404. Enforcement
The provisions of this Article may be enforced by the parent, guardian, custodian, or person who has assumed the status and obligation of a...
Article 35 - Emancipation.
- N.C. Gen. Stat. § 7B-3500. Who may petition
Any juvenile who is 16 years of age or older and who has resided in the same county in North Carolina or on federal...
- N.C. Gen. Stat. § 7B-3501. Petition
The petition shall be signed and verified by the petitioner and shall contain the following information: (1) The full name of the petitioner and...
- N.C. Gen. Stat. § 7B-3502. Summons
A copy of the filed petition along with a summons shall be served upon the petitioner's parent, guardian, or custodian who shall be named...
- N.C. Gen. Stat. § 7B-3503. Hearing
The court, sitting without a jury, shall permit all parties to present evidence and to cross-examine witnesses. The petitioner has the burden of showing...
- N.C. Gen. Stat. § 7B-3504. Considerations for emancipation
In determining the best interests of the petitioner and the need for emancipation, the court shall review the following considerations: (1) The parental need...
- N.C. Gen. Stat. § 7B-3505. Final decree of emancipation
After reviewing the considerations for emancipation, the court may enter a decree of emancipation if the court determines: (1) That all parties are properly...
- N.C. Gen. Stat. § 7B-3506. Costs of court
The court may tax the costs of the proceeding to any party or may, for good cause, order the costs remitted. The clerk may...
- N.C. Gen. Stat. § 7B-3507. Legal effect of final decree
As of entry of the final decree of emancipation: (1) The petitioner has the same right to make contracts and conveyances, to sue and...
- N.C. Gen. Stat. § 7B-3508. Appeals
Any petitioner, parent, guardian, or custodian who is a party to a proceeding under this Article may appeal from any order of disposition to...
- N.C. Gen. Stat. § 7B-3509. Application of common law
A married juvenile is emancipated by this Article. All other common-law provisions for emancipation are superseded by this Article. (1979, c. 815, s. 1;...
Article 36 - Judicial Consent for Emergency Surgical or Medical Treatment.
- N.C. Gen. Stat. § 7B-3600. Judicial authorization of emergency treatment; procedure
A juvenile in need of emergency treatment under Article 1A of Chapter 90 of the General Statutes, whose physician is barred from rendering necessary...
Article 37 - Placing or Adoption of Juvenile Delinquents or Dependents.
- N.C. Gen. Stat. § 7B-3700. Consent required for bringing child into State for placement or adoption
(a) No person, agency, association, institution, or corporation shall bring or send into the State any child for the purpose of giving custody of...
- N.C. Gen. Stat. § 7B-3701. Bond required
The Social Services Commission may, in its discretion, require of a person, agency, association, institution, or corporation which brings or sends a child into...
- N.C. Gen. Stat. § 7B-3702. Consent required for removing child from State
No child shall be taken or sent out of the State for the purpose of placing the child in a foster home or in...
- N.C. Gen. Stat. § 7B-3703. Violation of Article a misdemeanor
Every person acting for himself or for an agency who violates any of the provisions of this Article or who shall intentionally make any...
- N.C. Gen. Stat. § 7B-3704. Definitions
The term "Department" wherever used in this Article shall be construed to mean the Department of Health and Human Services. The term "Secretary" wherever...
- N.C. Gen. Stat. § 7B-3705. Application of Article
None of the provisions of this Article shall apply when a child is brought into or sent into, or taken out of, or sent...
Article 38 - Interstate Compact on the Placement of Children.
- N.C. Gen. Stat. § 7B-3800. Adoption of Compact
The Interstate Compact on the Placement of Children is hereby enacted into law and entered into with all other jurisdictions legally joining therein in...
- N.C. Gen. Stat. § 7B-3801. Financial responsibility under Compact
Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children shall be determined in accordance...
- N.C. Gen. Stat. § 7B-3802. Agreements under Compact
The officers and agencies of this State and its subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate...
- N.C. Gen. Stat. § 7B-3803. Visitation, inspection or supervision
Any requirements for visitation, inspection or supervision of children, homes, institutions or other agencies in another party state which may apply under the laws...
- N.C. Gen. Stat. § 7B-3804. Compact to govern between party states
The provisions of Article 37 of this Chapter shall not apply to placements made pursuant to the Interstate Compact on the Placement of Children....
- N.C. Gen. Stat. § 7B-3805. Placement of delinquents
Any court having jurisdiction to place delinquent children may place such a child in an institution or in another state pursuant to Article VI...
- N.C. Gen. Stat. § 7B-3806. Compact Administrator
The Governor is hereby authorized to appoint a Compact Administrator in accordance with the terms of said Article VII. (1971, c. 453, s. 2;...
Article 39 - Interstate Compact on Adoption and Medical Assistance.
- N.C. Gen. Stat. § 7B-3900. Legislative findings and purposes
(a) Finding adoptive families for children, for whom state assistance is desirable pursuant to G.S. 108A-49 and G.S. 108A-50, and assuring the protection of...
- N.C. Gen. Stat. § 7B-3901. Definitions
Unless the context requires otherwise, as used in this Article: (1) "Adoption assistance state" means the state that is a signatory to an adoption...
- N.C. Gen. Stat. § 7B-3902. Compacts authorized
The Secretary of the Department of Health and Human Services may develop, participate in the development of, negotiate, and enter into one or more...
- N.C. Gen. Stat. § 7B-3903. Content of compacts
(a) A compact under this Article shall contain all of the following provisions: (1) A provision making it available for joinder by all states....
- N.C. Gen. Stat. § 7B-3904. Medical assistance
(a) A child with special needs who is a resident of this State who is the subject of an adoption assistance agreement with another...
- N.C. Gen. Stat. § 7B-3905. Federal participation
The Department of Health and Human Services, in connection with the administration of this Article and any compact entered into pursuant to this Article,...
- N.C. Gen. Stat. § 7B-3906. Compact Administrator
The Secretary of the Department of Health and Human Services may appoint a Compact Administrator who shall be the general coordinator of activities under...
Article 40 - Interstate Compact for Juveniles.
- N.C. Gen. Stat. § 7B-4000. (For effective date - see note) Short title
This Article may be cited as "The Interstate Compact for Juveniles". (2005-194, s. 1.)
- N.C. Gen. Stat. § 7B-4001. (For effective date - see note) Governor to execute Compact; form of Compact
The Governor of North Carolina is authorized and directed to execute a Compact on behalf of the State of North Carolina with any state...
- N.C. Gen. Stat. § 7B-4002. Implementation of the Compact
(a) The North Carolina State Council for Interstate Juvenile Supervision is hereby established. The Secretary of Public Safety, or the Secretary's designee, shall serve...
Last modified: March 23, 2014