reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 20A - Rights of Victims of Delinquent Acts. › § 7B-2052 - Victim's rights.

§ 7B-2052. Victim's rights.
(a) A victim of a juvenile offense shall be treated with dignity and respect by the juvenile justice system.
(b) A victim has the following rights:
(1) The right, upon request, to reasonable, accurate, and timely notice of court proceedings of the juvenile.
(2) The right, upon request, to be present at court proceedings of the juvenile.
(3) The right to be reasonably heard at court proceedings involving the adjudication, disposition, or release of the juvenile.
(4) The right to receive restitution in a reasonably timely manner, when ordered by the court.
(5) The right to be given information about the offense, how the juvenile justice system works, the rights of victims, and the availability of services for victims.
(6) The right, upon request, to receive information about the adjudication of the juvenile or disposition of the case.
(7) The right, upon request, to receive notification of the escape or release of the juvenile.
(8) The right to reasonably confer with the district attorney's office.
(c) This Article does not create a claim for damages against the State, any county or municipality, or any State or county agencies, instrumentalities, officers, or employees. (2019-216, s. 10.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 20A - Rights of Victims of Delinquent Acts. › § 7B-2054 - Responsibilities of judicial officials.

§ 7B-2054. Responsibilities of judicial officials.
(a) In any court proceeding subject to this Article in which the victim may be present, the court shall inquire as to whether a victim is present and wishes to be heard and, if so, shall grant the victim an opportunity to be reasonably heard. The right to be reasonably heard may be exercised, at the victim's discretion, through an oral statement, submission of a written statement, or submission of an audio or video statement.
(b) In the event that an entire hearing has been closed to the victim by the court, the victim shall have the opportunity to be heard by the court regarding the right to be present, if the court has not previously provided this opportunity to the victim.
(c) A judge notified by the clerk of court that a victim has filed a motion alleging a violation of the rights provided in this Article shall review the motion. The judge involved in the proceeding that gave rise to the rights in question may, on the judge's own motion, recuse himself or herself if justice requires it, and report the recusal to the Administrative Office of the Courts. The judge, or a judge appointed by the Administrative Office of the Courts in the event of recusal, shall dispose of the motion or set the motion for hearing as required by G.S. 7B-2058.
(d) The court shall make every effort to provide a secure waiting area during court proceedings that does not place the victim in close proximity to the juvenile or the juvenile's family. (2019-216, s. 10.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 20A - Rights of Victims of Delinquent Acts. › § 7B-2055 - Responsibilities of the Division of Juvenile Justice.

§ 7B-2055. Responsibilities of the Division of Juvenile Justice.
(a) Notwithstanding Articles 30 and 31 of Subchapter III of this Chapter, if a victim has requested to be notified of the juvenile's release pursuant to G.S. 7B-2053, at least 45 days before releasing to post-release supervision a juvenile who was committed to the Division of Juvenile Justice of the Department of Public Safety for placement in a youth development center, the Division shall notify the victim as requested. The notification shall include only the juvenile's initials, offense, date of commitment, projected release date, and any no-contact release conditions related to the victim.
(b) When determining whether a juvenile is ready for release pursuant to G.S. 7B-2514, the Division shall provide the victim an opportunity to be reasonably heard by the Division and shall consider the victim's views regarding release of the juvenile. If the Division determines that the juvenile is ready for release, the victim's views shall be considered during the post-release supervision planning conference process.
(c) Notwithstanding Articles 30 and 31 of Subchapter III of this Chapter, if a victim has requested in writing to be notified of the juvenile's escape pursuant to G.S. 7B-2053, within 24 hours of the time the juvenile escapes from a youth development center or from secure custody, the Division shall notify the victim. If, pursuant to G.S. 7B-3102, disclosure of information about the escaped juvenile will be released to the public, the Division may provide to the victim the same information that will be released to the public, but the Division shall make a reasonable effort to notify the victim prior to releasing the information to the public. The Division shall notify the victim within 24 hours of the juvenile's return to custody, even if the juvenile is returned to custody before the notification of escape is required.
(d) When a form is included with the final disposition and commitment pursuant to G.S. 7B-2053(h), or when the victim has otherwise filed a written request for notification with the Division, the Division shall notify the victim of the procedure for alleging a failure of the Division to notify the victim as required by this section. (2019-216, s. 10; 2021-180, s. 19C.9(ee).)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 20A - Rights of Victims of Delinquent Acts. › § 7B-2056 - Right to restitution.

§ 7B-2056. Right to restitution.
A victim has the right to receive restitution when ordered by the court pursuant to G.S. 7B-2506(4) and G.S. 7B-2506(22). (2019-216, s. 10.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 20A - Rights of Victims of Delinquent Acts. › § 7B-2057 - Confidentiality of a juvenile record.

§ 7B-2057. Confidentiality of a juvenile record.
No rights under this Article provide grounds for a victim to examine or obtain confidential juvenile records. In providing notice or information to any victim, no agency, department, or official shall permit a victim to examine or obtain copies of any part of the juvenile record. Except as provided in G.S. 7B-2055(c), any agency, department, or official that provides a victim written notice or information under this Article shall not identify the juvenile by name in the notice or information, but shall identify the juvenile by the juvenile's first and last initials only. This Article shall not be construed to require or permit disclosing to any victim any information contained in juvenile records except as specifically provided. (2019-216, s. 10.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 21 - Law Enforcement Procedures in Delinquency Proceedings. › § 7B-2100 - Role of the law enforcement officer.

§ 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 of the juvenile, and the protection of the public safety. The officer may:
(1) Release the juvenile, with or without first counseling the juvenile;
(2) Release the juvenile to the juvenile's parent, guardian, or custodian;
(3) Refer the juvenile to community resources;
(4) Seek a petition; or
(5) Seek a petition and request a custody order. (1979, c. 815, s. 1; 1998-202, s. 6.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 21 - Law Enforcement Procedures in Delinquency Proceedings. › § 7B-2103 - Authority to issue nontestimonial identification order where juvenile alleged to be delinquent.

§ 7B-2103. Authority to issue nontestimonial identification order where juvenile alleged to be delinquent.
Except as provided in G.S. 7B-2102 or G.S. 15A-284.52(c1), nontestimonial identification procedures shall not be conducted on any juvenile without a court order issued pursuant to this Article unless the juvenile has been charged as an adult or transferred to superior court for trial as an adult in which case procedures applicable to adults, as set out in Articles 14 and 23 of Chapter 15A of the General Statutes, shall apply. A nontestimonial identification order authorized by this Article may be issued by any judge of the district court or of the superior court upon request of a prosecutor. As used in this Article, "nontestimonial identification" means identification by fingerprints, palm prints, footprints, measurements, blood specimens, urine specimens, saliva samples, hair samples, or other reasonable physical examination, handwriting exemplars, voice samples, photographs, and lineups or similar identification procedures requiring the presence of a juvenile. (1979, c. 815, s. 1; 1981, c. 454, s. 1; 1998-202, s. 6; 2019-47, s. 1.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 21 - Law Enforcement Procedures in Delinquency Proceedings. › § 7B-2104 - Time of application for nontestimonial identification order.

§ 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 adjudicatory hearing. (1979, c. 815, s. 1; 1981, c. 454, s. 2; 1998-202, s. 6.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 21 - Law Enforcement Procedures in Delinquency Proceedings. › § 7B-2105 - Grounds for nontestimonial identification order.

§ 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 the court and establishing the following grounds for the order:
(1) That there is probable cause to believe that an offense has been committed that would be a felony if committed by an adult;
(2) That there are reasonable grounds to suspect that the juvenile named or described in the affidavit committed the offense; and
(3) That the results of specific nontestimonial identification procedures will be of material aid in determining whether the juvenile named in the affidavit committed the offense.
(b) A nontestimonial identification order to obtain a blood specimen from a juvenile may issue only on affidavit or affidavits sworn to before the court and establishing the following grounds for the order:
(1) That there is probable cause to believe that an offense has been committed that would be a felony if committed by an adult;
(2) That there is probable cause to believe that the juvenile named or described in the affidavit committed the offense; and
(3) That there is probable cause to believe that obtaining a blood specimen from the juvenile will be of material aid in determining whether the juvenile named in the affidavit committed the offense. (1979, c. 815, s. 1; 1997-80, s. 11; 1998-202, s. 6.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 21 - Law Enforcement Procedures in Delinquency Proceedings. › § 7B-2106 - Issuance of order.

§ 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 case of adults under G.S. 15A-274, 15A-275, 15A-276, 15A-277, 15A-278, 15A-279, 15A-280, and 15A-282. (1979, c. 815, s. 1; 1998-202, s. 6.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 21 - Law Enforcement Procedures in Delinquency Proceedings. › § 7B-2107 - Nontestimonial identification order at request of juvenile.

§ 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 nontestimonial identification procedures be conducted. If it appears that the results of specific nontestimonial identification procedures will be of material aid to the juvenile's defense, the judge to whom the request was directed must order the State to conduct the identification procedures. (1979, c. 815, s. 1; 1997-80, s. 12; 1998-202, s. 6.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 21 - Law Enforcement Procedures in Delinquency Proceedings. › § 7B-2108 - Destruction of records resulting from nontestimonial identification procedures.

§ 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 juvenile who has been the subject of nontestimonial identification procedures, all records of the evidence shall be destroyed.
(2) If the juvenile is not adjudicated delinquent or convicted in superior court following transfer, all records resulting from a nontestimonial order shall be destroyed. Further, in the case of a juvenile who is under 13 years of age and who is adjudicated delinquent for an offense that would be less than a felony if committed by an adult, all records shall be destroyed.
(3) If a juvenile 13 years of age or older is adjudicated delinquent for an offense that would be a felony if committed by an adult, all records resulting from a nontestimonial order may be retained in the court file. Special precautions shall be taken to ensure that these records will be maintained in a manner and under sufficient safeguards to limit their use to inspection by law enforcement officers for comparison purposes in the investigation of a crime.
(4) If the juvenile is transferred to and convicted in superior court, all records resulting from nontestimonial identification procedures shall be processed as in the case of an adult.
(5) Any evidence seized pursuant to a nontestimonial order shall be retained by law enforcement officers until further order is entered by the court.
(6) Destruction of nontestimonial identification records pursuant to this section shall be performed by the law enforcement agency having possession of the records. Following destruction, the law enforcement agency shall make written certification to the court of the destruction. (1979, c. 815, s. 1; 1994, Ex. Sess., c. 22, s. 28; 1998-202, s. 6.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 21 - Law Enforcement Procedures in Delinquency Proceedings. › § 7B-2109 - Penalty for willful violation.

§ 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 guilty of a Class 1 misdemeanor. (1979, c. 815, s. 1; 1993, c. 539, s. 5; 1994, Ex. Sess., c. 24, s. 14(c); 1998-202, s. 6.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 22 - Probable Cause Hearing and Transfer Hearing. › § 7B-2200 - Transfer of jurisdiction of a juvenile under the age of 16 to superior court.

§ 7B-2200. Transfer of jurisdiction of a juvenile under the age of 16 to superior court.
Except as otherwise provided in G.S. 7B-2200.5, 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 own motion, transfer jurisdiction over a juvenile to superior court if the juvenile was at least 13 years of age but less than 16 years of age at the time the juvenile allegedly committed an offense that would be a felony if committed by an adult. The court shall transfer the case to superior court for trial as in the case of adults if the felony the juvenile allegedly committed constitutes a Class A felony and (i) the court finds probable cause or (ii) upon notice of the return of a true bill of indictment as provided in G.S. 15A-630. (1979, c. 815, s. 1; 1991 (Reg. Sess., 1992), c. 842, s. 1; 1994, Ex. Sess., c. 22, s. 25; 1998-202, s. 6; 2017-57, s. 16D.4(d); 2018-142, s. 23(b); 2023-114, s. 1(b).)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 22 - Probable Cause Hearing and Transfer Hearing. › § 7B-2201 - Fingerprinting and DNA sample from juvenile transferred to superior court.

§ 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 to the State Bureau of Investigation.
(b) When jurisdiction over a juvenile is transferred to the superior court, a DNA sample shall be taken from the juvenile if any of the offenses for which the juvenile is transferred are included in the provisions of G.S. 15A-266.3A. (1981, c. 862, s. 2; 1998-202, s. 6; 2010-94, s. 13.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 22 - Probable Cause Hearing and Transfer Hearing. › § 7B-2203 - Transfer hearing.

§ 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 court or probation records, or other records the court may consider in determining whether to transfer the case.
(b) In the transfer hearing, the court shall determine whether the protection of the public and the needs of the juvenile will be served by transfer of the case to superior court and shall consider the following factors:
(1) The age of the juvenile;
(2) The maturity of the juvenile;
(3) The intellectual functioning of the juvenile;
(4) The prior record of the juvenile;
(5) Prior attempts to rehabilitate the juvenile;
(6) Facilities or programs available to the court prior to the expiration of the court's jurisdiction under this Subchapter and the likelihood that the juvenile would benefit from treatment or rehabilitative efforts;
(7) Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner; and
(8) The seriousness of the offense and whether the protection of the public requires that the juvenile be prosecuted as an adult.
(c) Any order of transfer shall specify the reasons for transfer. When the case is transferred to superior court, the superior court has jurisdiction over that felony, any offense based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a single scheme or plan of that felony, and any greater or lesser included offense of that felony.
(d) If the court does not transfer the case to superior court, the court shall either proceed to an adjudicatory hearing or set a date for that hearing. The adjudicatory hearing shall be a separate hearing. The court may continue the adjudicatory hearing for good cause. (1979, c. 815, s. 1; 1983, c. 532, s. 1; 1994, Ex. Sess., c. 22, s. 27; 1998-202, s. 6; 2015-58, s. 1.3.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 22 - Probable Cause Hearing and Transfer Hearing. › § 7B-2204 - Right to pretrial release; detention.

§ 7B-2204. Right to pretrial release; detention.
(a) 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. The release order shall specify the person or persons to whom the juvenile may be released. Pending release, the court shall order that the juvenile be detained in a detention facility while awaiting trial. Personnel of the Division of Juvenile Justice of the Department of Public Safety, or personnel approved by the Division, shall transport the juvenile from the detention facility to court.
(b) The court may order the juvenile to be held in a holdover facility at any time the presence of the juvenile is required in court for pretrial hearings or trial, if the court finds that it would be inconvenient to return the juvenile to the detention facility. Personnel of the Division, or personnel approved by the Division, shall transport the juvenile from the holdover facility to court and shall transport the juvenile back to the detention center.
(c) If the juvenile reaches the age of 18 years while awaiting the completion of proceedings in superior court, the juvenile shall be transported by personnel of the Division, or personnel approved by the Division, to the custody of the sheriff of the county where the charges arose.
(d) Should the juvenile be found guilty, or enter a plea of guilty or no contest to a criminal offense in superior court and receive an active sentence, then immediate transfer to the Division of Prisons of the Department of Adult Correction shall be ordered. Until such time as the juvenile is transferred to the Division of Prisons of the Department of Adult Correction, the juvenile may be detained in a holdover facility or detention facility approved by the Section.
or approved by the Division of Juvenile Justice of the Department of Public Safety.
(e) The juvenile may be kept by the Division of Prisons of the Department of Adult Correction as a safekeeper until the juvenile is placed in an appropriate correctional program. (1979, c. 815, s. 1; 1987, c. 144; 1991, c. 352, s. 1; 1998-202, s. 6; 2011-145, s. 19.1(h); 2017-186, s. 2(k); 2019-186, s. 9; 2021-123, s. 2; 2021-180, s. 19C.9(ff); 2023-114, s. 4(e).)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 23 - Discovery. › § 7B-2300 - Disclosure of evidence by petitioner.

§ 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 the juvenile to inspect and copy any relevant written or recorded statements within the possession, custody, or control of the petitioner made by the juvenile or any other party charged in the same action; and
(2) To divulge, in written or recorded form, the substance of any oral statement made by the juvenile or any other party charged in the same action.
(b) Names of Witnesses. – Upon motion of the juvenile, the court shall order the petitioner to furnish the names of persons to be called as witnesses. A copy of the record of witnesses under the age of 16 shall be provided by the petitioner to the juvenile upon the juvenile's motion if accessible to the petitioner.
(c) Documents and Tangible Objects. – Upon motion of the juvenile, the court shall order the petitioner to permit the juvenile to inspect and copy books, papers, documents, photographs, motion pictures, mechanical or electronic recordings, tangible objects, or portions thereof:
(1) Which are within the possession, custody, or control of the petitioner, the prosecutor, or any law enforcement officer conducting an investigation of the matter alleged; and
(2) Which are material to the preparation of the defense, are intended for use by the petitioner as evidence, or were obtained from or belong to the juvenile.
(d) Reports of Examinations and Tests. – Upon motion of a juvenile, the court shall order the petitioner to permit the juvenile to inspect and copy results of physical or mental examinations or of tests, measurements, or experiments made in connection with the case, within the possession, custody, or control of the petitioner. In addition upon motion of a juvenile, the court shall order the petitioner to permit the juvenile to inspect, examine, and test, subject to appropriate safeguards, any physical evidence or a sample of it or tests or experiments made in connection with the evidence in the case if it is available to the petitioner, the prosecutor, or any law enforcement officer conducting an investigation of the matter alleged, and if the petitioner intends to offer the evidence at trial.
(e) Except as provided in subsections (a) through (d) of this section, this Article does not require the production of reports, memoranda, or other internal documents made by the petitioner, law enforcement officers, or other persons acting on behalf of the petitioner in connection with the investigation or prosecution of the case or of statements made by witnesses or the petitioner to anyone acting on behalf of the petitioner.
(f) Nothing in this section prohibits a petitioner from making voluntary disclosures in the interest of justice. (1979, c. 815, s. 1; 1998-202, s. 6.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 23 - Discovery. › § 7B-2301 - Disclosure of evidence by juvenile.

§ 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 persons to be called as witnesses.
(b) Documents and Tangible Objects. – If the court grants any relief sought by the juvenile under G.S. 7B-2300, upon motion of the petitioner, the court shall order the juvenile to permit the petitioner to inspect and copy books, papers, documents, photographs, motion pictures, mechanical or electronic recordings, tangible objects, or portions thereof which are within the possession, custody, or control of the juvenile and which the juvenile intends to introduce in evidence.
(c) Reports of Examinations and Tests. – If the court grants any relief sought by the juvenile under G.S. 7B-2300, upon motion of the petitioner, the court shall order the juvenile to permit the petitioner to inspect and copy results of physical or mental examinations or of tests, measurements, or experiments made in connection with the case within the possession and control of the juvenile which the juvenile intends to introduce in evidence or which were prepared by a witness whom the juvenile intends to call if the results relate to the witness's testimony. In addition, upon motion of a petitioner, the court shall order the juvenile to permit the petitioner to inspect, examine, and test, subject to appropriate safeguards, any physical evidence or a sample of it if the juvenile intends to offer the evidence or tests or experiments made in connection with the evidence in the case. (1979, c. 815, s. 1; 1998-202, s. 6.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 23 - Discovery. › § 7B-2302 - Regulation of discovery; protective orders.

§ 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 be denied, restricted, or deferred.
(b) The court may permit a party seeking relief under subsection (a) of this section to submit supporting affidavits or statements to the court for in camera inspection. If thereafter the court enters an order granting relief under subsection (a) of this section, the material submitted in camera must be available to the Court of Appeals in the event of an appeal. (1979, c. 815, s. 1; 1998-202, s. 6.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 23 - Discovery. › § 7B-2303 - Continuing duty to disclose.

§ 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 decides to use additional evidence, and if the evidence is or may be subject to discovery or inspection under this Article, the party shall promptly notify the other party of the existence of the additional evidence or of the name of each additional witness. (1979, c. 815, s. 1; 1998-202, s. 6.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 24 - Hearing Procedures. › § 7B-2400 - Amendment of petition.

§ 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 to amend is allowed, the juvenile shall be given a reasonable opportunity to prepare a defense to the amended allegations. (1979, c. 815, s. 1; 1998-202, s. 6.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 24 - Hearing Procedures. › § 7B-2401 - (Effective until January 1, 2025) Determination of incapacity to proceed; evidence; temporary commitment; temporary orders.

§ 7B-2401. (Effective until January 1, 2025) 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 under this section may be placed in a situation where the juvenile will come in contact with adults committed for any purpose. (1979, c. 815, s. 1; 1998-202, s. 6.)
§ 7B-2401. (Effective January 1, 2025) No proceedings when juvenile is not capable to proceed.
(a) No juvenile may be transferred to superior court for trial as an adult, adjudicated delinquent or undisciplined, or subject to disposition for an offense in juvenile court, including a violation of probation, when, by reason of mental disorder, intellectual disability, neurological disorder, traumatic or acquired brain injury, or developmental immaturity, the juvenile is unable to understand the nature and object of the proceedings against the juvenile, to comprehend the juvenile's own situation in reference to the proceedings, or to assist in the juvenile's own defense in a rational or reasonable manner.
(b) This section does not prevent the court from going forward with any motions which can be handled by counsel without the assistance of the juvenile.
(c) This section does not apply to individuals over whom the juvenile court has jurisdiction pursuant to G.S. 7B-1601(d) through (d1) nor to any juvenile who is subject to transfer by indictment pursuant to G.S. 7B-2200 and G.S. 7B-2200.5(a)(1). Capacity to proceed under these circumstances shall not be addressed by the juvenile court. Capacity to proceed may be raised pursuant to Article 56 of Chapter 15A of the General Statutes if the superior court obtains jurisdiction of the proceeding. (1979, c. 815, s. 1; 1998-202, s. 6; 2023-114, s. 5(a).)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 24 - Hearing Procedures. › § 7B-2401.1 - (Effective January 1, 2025) Definitions.

§ 7B-2401.1. (Effective January 1, 2025) Definitions.
The following definitions apply in this Article:
(1) Developmental immaturity. – Incomplete development or delay associated with chronological age, which manifests as a functional limitation in one or more domains, including cognitive, emotional, and social development.
(2) Division. – The Division of Juvenile Justice and Delinquency Prevention of the Department of Public Safety.
(3) Forensic evaluation. – A forensic evaluation is a full examination by a forensic evaluator using evidence-based psychological tools to determine if a juvenile has the capacity to proceed. This evaluation shall consist of a review of all available prior mental health and educational records of the juvenile and IQ testing and may include other developmentally appropriate testing for juveniles deemed relevant by the forensic evaluator.
(4) Forensic evaluation report. – The written report, by a forensic evaluator, that contains the information required by G.S. 7B-2401.3.
(5) Incapacity to proceed. – By reason of mental disorder, intellectual disability, neurological disorder, traumatic or acquired brain injury, or developmental immaturity, the juvenile is unable to understand the nature and object of the proceedings against the juvenile, to comprehend the juvenile's own situation in reference to the proceedings, or to assist in the juvenile's own defense in a rational or reasonable manner.
(6) Remediation. – Services directed only at facilitating the attainment of capacity to proceed for a juvenile who the court finds is incapable to proceed. Such term may include mental health treatment to reduce interfering symptoms, specialized psychoeducational programming, or a combination of these interventions. (2023-114, s. 5(b).)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 24 - Hearing Procedures. › § 7B-2401.5 - (Effective January 1, 2025) Involuntary commitment; dismissal; seal records.

§ 7B-2401.5. (Effective January 1, 2025) Involuntary commitment; dismissal; seal records.
(a) When the court finds that a juvenile is incapable to proceed and not likely to attain capacity in the foreseeable future, the court may conduct an additional hearing, as the court determines to be necessary, to determine whether there are reasonable grounds to believe the juvenile meets the criteria for involuntary commitment under Part 7 of Article 5 of Chapter 122C of the General Statutes. If the presiding judge finds reasonable grounds to believe that the juvenile meets the criteria, the judge shall make findings of fact and issue a custody order in the same manner upon the same grounds and with the same effect as an order issued by a clerk or magistrate pursuant to G.S. 122C-261. Proceedings thereafter are in accordance with Part 7 of Article 5 of Chapter 122C of the General Statutes. If the juvenile allegedly committed a violent crime, including a crime involving assault with a deadly weapon, the judge's custody order shall require a law enforcement officer to take the juvenile directly to a 24-hour facility as described in G.S. 122C-252. The order must also indicate that the juvenile allegedly committed a violent crime and that the juvenile was found incapable of proceeding. Evidence used at the hearing regarding capacity to proceed is admissible in the involuntary civil commitment proceedings.
(b) When the court finds that a juvenile is incapable to proceed and not likely to attain capacity in the foreseeable future, the court shall dismiss the petition.
(c) The prosecutor may voluntarily dismiss with leave any allegations stated in the petition, pursuant to G.S. 7B-2404, prior to the termination of the jurisdiction of the court as provided in G.S. 7B-1601.
(d) After the completion of all capacity hearings or after a juvenile has been found not to be substantially likely to be restored to or to attain capacity in the foreseeable future, the court shall direct the clerk to seal all forensic evaluations, remediation reports, and any other records pertaining to the capacity of the juvenile, pursuant to G.S. 7B-3000(c). Any records sealed pursuant to this subsection may be opened or inspected only by order of the court or for appellate review. (2023-114, s. 5(b).)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 24 - Hearing Procedures. › § 7B-2402 - Open hearings.

§ 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 the hearing for good cause, upon motion of a party or its own motion. If the court closes the hearing or part of the hearing to the public, the court may allow any victim, member of a victim's family, law enforcement officer, witness or any other person directly involved in the hearing to be present at the hearing.
In determining good cause to close a hearing or part of a hearing, the court shall consider the circumstances of the case, including, but not limited to, the following factors:
(1) The nature of the allegations against the juvenile;
(2) The age and maturity of the juvenile;
(3) The benefit to the juvenile of confidentiality;
(4) The benefit to the public of an open hearing; and
(5) The extent to which the confidentiality of the juvenile's file will be compromised by an open hearing.
No hearing or part of a hearing shall be closed by the court if the juvenile requests that it remain open. (1979, c. 815, s. 1; 1998-202, s. 6; 1998-229, s. 5.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 24 - Hearing Procedures. › § 7B-2402.1 - Restraint of juveniles in courtroom.

§ 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 judge finds the restraint to be reasonably necessary to maintain order, prevent the juvenile's escape, or provide for the safety of the courtroom. Whenever practical, the judge shall provide the juvenile and the juvenile's attorney an opportunity to be heard to contest the use of restraints before the judge orders the use of restraints. If restraints are ordered, the judge shall make findings of fact in support of the order. (2007-100, s. 1.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 24 - Hearing Procedures. › § 7B-2403 - Adjudicatory hearing.

§ 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. (1979, c. 815, s. 1; 1998-202, s. 6; 1998-229, s. 5.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 24 - Hearing Procedures. › § 7B-2404 - Participation of the prosecutor; voluntary dismissal.

§ 7B-2404. Participation of the prosecutor; voluntary dismissal.
(a) 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 extended jurisdiction hearings.
(b) A prosecutor may dismiss any allegations stated in a juvenile petition with or without leave by entering an oral dismissal in open court at any time or by filing a written dismissal with the clerk. The juvenile, the juvenile's parent, guardian, or custodian, and the juvenile's counsel shall be notified of the dismissal by the prosecutor either in open court or by being served with the written dismissal. In addition, the written dismissal shall be served on (i) the chief court counselor or his or her designee and (ii) if the juvenile is being held in a detention center, the director of the detention center. If the prosecutor dismisses the petition with leave because of the failure of the juvenile to appear in court, the prosecutor may refile the petition if the juvenile is apprehended or apprehension is imminent. (1979, c. 815, s. 1; 1981, c. 469, s. 12; 1998-202, s. 6; 2015-58, s. 2.2.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 24 - Hearing Procedures. › § 7B-2405 - Conduct of the adjudicatory hearing.

§ 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 shall protect the following rights of the juvenile and the juvenile's parent, guardian, or custodian to assure due process of law:
(1) The right to written notice of the facts alleged in the petition;
(2) The right to counsel;
(3) The right to confront and cross-examine witnesses;
(4) The privilege against self-incrimination;
(5) The right of discovery; and
(6) All rights afforded adult offenders except the right to bail, the right of self-representation, and the right of trial by jury. (1979, c. 815, s. 1; 1998-202, s. 6.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 24 - Hearing Procedures. › § 7B-2406 - Continuances.

§ 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 the court has requested, or other information needed in the best interests of the juvenile and to allow for a reasonable time for the parties to conduct expeditious discovery. Otherwise, continuances shall be granted only in extraordinary circumstances when necessary for the proper administration of justice or in the best interests of the juvenile. (1979, c. 815, s. 1; 1987 (Reg. Sess., 1988), c. 1090, s. 9; 1998-202, s. 6.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 24 - Hearing Procedures. › § 7B-2407 - When admissions by juvenile may be accepted.

§ 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 juvenile has a right to remain silent and that any statement the juvenile makes may be used against the juvenile;
(2) Determining that the juvenile understands the nature of the charge;
(3) Informing the juvenile that the juvenile has a right to deny the allegations;
(4) Informing the juvenile that by the juvenile's admissions the juvenile waives the juvenile's right to be confronted by the witnesses against the juvenile;
(5) Determining that the juvenile is satisfied with the juvenile's representation; and
(6) Informing the juvenile of the most restrictive disposition on the charge.
(b) By inquiring of the prosecutor, the juvenile's attorney, and the juvenile personally, the court shall determine whether there were any prior discussions involving admissions, whether the parties have entered into any arrangement with respect to the admissions and the terms thereof, and whether any improper pressure was exerted. The court may accept an admission from a juvenile only after determining that the admission is a product of informed choice.
(c) The court may accept an admission only after determining that there is a factual basis for the admission. This determination may be based upon any of the following information: a statement of the facts by the prosecutor; a written statement of the juvenile; sworn testimony which may include reliable hearsay; or a statement of facts by the juvenile's attorney. (1979, c. 815, s. 1; 1998-202, s. 6.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 24 - Hearing Procedures. › § 7B-2408 - Rules of evidence.

§ 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. In addition, no statement made by a juvenile to the juvenile court counselor during the preliminary inquiry and evaluation process shall be admissible prior to the dispositional hearing. (1979, c. 815, s. 1; 1981, ch. 469, s. 17; 1998-202, s. 6; 2001-490, s. 2.17.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 24 - Hearing Procedures. › § 7B-2408.5 - Motion to suppress evidence in adjudicatory hearings; procedure; appeal.

§ 7B-2408.5. Motion to suppress evidence in adjudicatory hearings; procedure; appeal.
(a) A motion to suppress evidence in court made before the adjudicatory hearing must be in writing and a copy of the motion must be served upon the State. The motion must state the grounds upon which it is made. The motion must be accompanied by an affidavit containing facts supporting the motion. The affidavit may be based upon personal knowledge, or upon information and belief, if the source of the information and the basis for the belief are stated. The State may file an answer denying or admitting any of the allegations. A copy of the answer must be served on the juvenile's counsel or the juvenile's parent, guardian, or custodian, if the juvenile has no counsel.
(b) The judge must summarily grant the motion to suppress evidence if:
(1) The motion complies with the requirements of subsection (a) of this section, it states grounds which require exclusion of the evidence, and the State concedes the truth of allegations of fact which support the motion; or
(2) The State stipulates that the evidence sought to be suppressed will not be offered in evidence in any juvenile proceeding.
(c) The judge may summarily deny the motion to suppress evidence if:
(1) The motion does not allege a legal basis for the motion; or
(2) The affidavit does not as a matter of law support the ground alleged.
(d) If the motion is not determined summarily, the judge must make the determination after a hearing and finding of facts. Testimony at the hearing must be under oath.
(e) A motion to suppress made during the adjudicatory hearing may be made in writing or orally and may be determined in the same manner as when made before the adjudicatory hearing.
(f) The judge must set forth in the record his or her findings of facts and conclusions of law.
(g) An order finally denying a motion to suppress evidence may be reviewed upon an appeal of a final order of the court in a juvenile matter.
(h) The provisions of G.S. 15A-974 shall apply to this section. (2015-58, s. 1.4.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 24 - Hearing Procedures. › § 7B-2409 - Quantum of proof in adjudicatory hearing.

§ 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 behavior shall be proved by clear and convincing evidence. (1979, c. 815, s. 1; 1998-202, s. 6.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 24 - Hearing Procedures. › § 7B-2410 - Record of proceedings.

§ 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 or mechanical means. Records shall be reduced to a written transcript only when timely notice of appeal has been given. The court may order that other hearings be recorded. (1979, c. 815, s. 1; 1998-202, s. 6.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 24 - Hearing Procedures. › § 7B-2411 - Adjudication.

§ 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 a written order of adjudication, which shall include, but not be limited to, the date of the offense, the misdemeanor or felony classification of the offense, and the date of adjudication. If the court finds that the allegations have not been proved, the court shall dismiss the petition with prejudice and the juvenile shall be released from secure or nonsecure custody if the juvenile is in custody. (1979, c. 815, s. 1; 1998-202, s. 6; 2009-545, s. 4.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 24 - Hearing Procedures. › § 7B-2412 - Legal effect of adjudication of delinquency.

§ 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 be considered conviction of any criminal offense nor cause the juvenile to forfeit any citizenship rights. (1979, c. 815, s. 1; 1998-202, s. 6; 2000-137, s. 3; 2001-95, s. 5; 2011-145, s. 19.1(l).)