reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 14 - North Carolina Child Fatality Prevention System. › § 7B-1411 - Community Child Protection Teams; responsibility for training of team members.

§ 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 Local Teams that review active cases in which children are being served by child protective services, training materials that address the role and function of the Local Team, confidentiality requirements, an overview of child protective services law and policy, and Team record keeping. (1993, c. 321, s. 285(a); 1997-443, s. 11A.118(a); 1998-202, s. 6.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 14 - North Carolina Child Fatality Prevention System. › § 7B-1412 - Task Force reports.

§ 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 Assembly. The report shall contain at least a summary of the conclusions and recommendations for each of the Task Force's duties, as well as any other recommendations for changes to any law, rule, or policy that it has determined will promote the safety and well-being of children. Any recommendations of changes to law, rule, or policy shall be accompanied by specific legislative or policy proposals and detailed fiscal notes setting forth the costs to the State. (1991, c. 689, s. 233(a); 1991 (Reg. Sess., 1992), c. 900, s. 169(a); 1993 (Reg. Sess., 1994), c. 769, s. 27.8(a); 1996, 2nd Ex. Sess., c. 17, ss. 3.1, 3.2; 1998-202, s. 6; 1998-212, s. 12.44(a), (d).)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 14 - North Carolina Child Fatality Prevention System. › § 7B-1414 - Administration; funding.

§ 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 Task Force and the State Team in completing their duties.
(b) Members, staff, and consultants of the Task Force or State Team shall receive travel and subsistence expenses in accordance with the provisions of G.S. 138-5 or G.S. 138-6, as the case may be, paid from funds appropriated to implement this Article and within the limits of those funds.
(c) With the approval of the Legislative Services Commission, legislative staff and space in the Legislative Building and the Legislative Office Building may be made available to the Task Force. (1991, c. 689, s. 233(a); 1998-202, s. 6.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 15 - Purposes; Definitions. › § 7B-1500 - Purpose.

§ 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 delinquency.
(2) To deter delinquency and crime, including patterns of repeat offending:
a. By providing swift, effective dispositions that emphasize the juvenile offender's accountability for the juvenile's actions; and
b. By providing appropriate rehabilitative services to juveniles and their families.
(3) To provide an effective system of intake services for the screening and evaluation of complaints and, in appropriate cases, where court intervention is not necessary to ensure public safety, to refer juveniles to community-based resources.
(4) To provide uniform procedures that assure fairness and equity; that protect the constitutional rights of juveniles, parents, and victims; and that encourage the court and others involved with juvenile offenders to proceed with all possible speed in making and implementing determinations required by this Subchapter. (1979, c. 815, s. 1; 1987 (Reg. Sess., 1988), c. 1090, s. 1; 1998-202, s. 6.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 16 - Jurisdiction. › § 7B-1600 - Jurisdiction over undisciplined juveniles.

§ 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, the age of the juvenile at the time of the alleged offense governs.
(b) When the court obtains jurisdiction over a juvenile under this section, jurisdiction shall continue until terminated by order of the court, the juvenile reaches the age of 18 years, or the juvenile is emancipated.
(c) The court has jurisdiction over the parent, guardian, or custodian of a juvenile who is under the jurisdiction of the court pursuant to this section, if the parent, guardian, or custodian has been served with a summons pursuant to G.S. 7B-1805. (1979, c. 815, s. 1; 1983, c. 837, s. 1; 1985, c. 459, s. 2; 1987, c. 409, s. 2; 1995, c. 328, s. 3; c. 462, s. 2; 1996, 2nd Ex. Sess., c. 18, s. 23.2(c); 1998-202, s. 6.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 16 - Jurisdiction. › § 7B-1602 - Extended jurisdiction over a delinquent juvenile under certain circumstances.

§ 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 murder pursuant to G.S. 14-17, first-degree forcible rape pursuant to G.S. 14-27.21, first-degree statutory rape pursuant to G.S. 14-27.24, first-degree forcible sexual offense pursuant to G.S. 14-27.26, or first-degree statutory sexual offense pursuant to G.S. 14-27.29 if committed by an adult, jurisdiction shall continue until terminated by order of the court or until the juvenile reaches the age of 21 years, whichever occurs first.
(b) When a juvenile is committed to the Division for placement in a youth development center for an offense committed under the age of 16 that would be a Class B1, B2, C, D, or E felony if committed by an adult, other than an offense set forth in subsection (a) of this section, jurisdiction shall continue until terminated by order of the court or until the juvenile reaches the age of 19 years, whichever occurs first.
(c) When a juvenile is committed to the Division for placement in a youth development center for an offense committed while the juvenile was at least 16 years of age but less than 17 years of age that would be a Class B1, B2, C, D, or E felony if committed by an adult, other than an offense set forth in subsection (a) of this section, jurisdiction shall continue until terminated by order of the court or until the juvenile reaches the age of 20 years, whichever occurs first.
(d) When a juvenile is committed to the Division for placement in a youth development center for an offense committed while at least 17 years of age that would be a Class B1, B2, C, D, or E felony if committed by an adult, other than an offense set forth in subsection (a) of this section, jurisdiction shall continue until terminated by order of the court or until the juvenile reaches the age of 21 years, whichever occurs first. (1979, c. 815, s. 1; 1981, c. 469, s. 4; 1996, 2nd Ex. Sess., c. 18, s. 23.2(d); 1998-202, s. 6; 2000-137, s. 3; 2001-95, s. 5; 2011-145, s. 19.1(l); 2015-181, s. 25; 2021-123, s. 1(c).)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 16 - Jurisdiction. › § 7B-1603 - Jurisdiction in certain circumstances.

§ 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 forth in Article 38 of this Chapter.
(2) Proceedings involving judicial consent for emergency surgical or medical treatment for a juvenile when the juvenile's parent, guardian, custodian, or person who has assumed the status and obligation of a parent without being awarded legal custody of the juvenile by a court refuses to consent for treatment to be rendered.
(3) Proceedings to determine whether a juvenile should be emancipated.
(4) Proceedings in which a juvenile has been ordered pursuant to G.S. 5A-32(b) to appear and show cause why the juvenile should not be held in contempt. (1979, c. 815, s. 1; 1983, c. 837, s. 1; 1985, c. 459, s. 2; 1987, c. 409, s. 2; 1995, c. 328, s. 3; c. 462, s. 2; 1996, 2nd Ex. Sess., c. 18, s. 23.2(c); 1998-202, s. 6; 2007-168, s. 3.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 16 - Jurisdiction. › § 7B-1604 - Limitations on juvenile court jurisdiction.

§ 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 has reached the age of 18 years is subject to prosecution as an adult. A juvenile who is emancipated shall be prosecuted as an adult for the commission of a criminal offense.
(b) A juvenile shall be prosecuted as an adult for any criminal offense the juvenile commits after a district or superior court conviction if either of the following applies:
(1) The juvenile has previously been transferred to and convicted in superior court.
(2) The juvenile has previously been convicted in either district or superior court for a felony or a misdemeanor. Violations of the motor vehicle laws punishable as a misdemeanor or infraction shall not be considered a conviction for the purposes of this subsection unless the conviction is for an offense involving impaired driving as defined by G.S. 20-4.01(24a). (1979, c. 815, s. 1; 1981, c. 469, s. 4; 1983, c. 837, s. 1; 1985, c. 459, s. 2; 1987, c. 409, s. 2; 1995, c. 328, s. 3; c. 462, s. 2; 1996, 2nd Ex. Sess., c. 18, s. 23.2(c); 1998-202, s. 6; 2017-57, s. 16D.4(c); 2018-142, s. 23(b); 2019-186, s. 2.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 16 - Jurisdiction. › § 7B-1605 - Jurisdiction over certain delinquent juveniles.

§ 7B-1605. Jurisdiction over certain delinquent juveniles.
When concurrent jurisdiction has been established pursuant to G.S. 104-11.1(b), the court has exclusive original jurisdiction over any case involving a juvenile who is alleged to be delinquent as the result of an act committed within the boundaries of a military installation that is a crime or infraction under State law. (2022-73, s. 5(b).)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 17 - Screening of Delinquency, Undisciplined, and Vulnerable Complaints. › § 7B-1700 - Intake services.

§ 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 and undisciplined cases and all complaints against vulnerable juveniles.
The purpose of intake services shall be to determine from available evidence whether there are reasonable grounds to believe the facts alleged are true, to determine whether the facts alleged constitute a delinquent or undisciplined offense within the jurisdiction of the court, to determine whether the facts alleged are sufficiently serious to warrant court action, and to obtain assistance from community resources when court referral is not necessary or allowed. The juvenile court counselor shall not engage in field investigations to substantiate complaints or to produce supplementary evidence but may refer complainants to law enforcement agencies for those purposes. (1979, c. 815, s. 1; 1998-202, s. 6; 2000-137, s. 3; 2001-490, s. 2.3; 2011-145, s. 19.1(l); 2021-123, s. 5(c).)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 17 - Screening of Delinquency, Undisciplined, and Vulnerable Complaints. › § 7B-1700.1 - Duty to report abuse, neglect, dependency.

§ 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 as the result of maltreatment, the juvenile court counselor or the person shall make a report to the county department of social services as required by G.S. 7B-301. (2009-311, s. 14.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 17 - Screening of Delinquency, Undisciplined, and Vulnerable Complaints. › § 7B-1701 - Preliminary inquiry.

§ 7B-1701. Preliminary inquiry.
(a) When a complaint is received against a juvenile at least 10 years of age, the juvenile court counselor shall make a preliminary determination as to whether the juvenile is within the jurisdiction of the court as a delinquent or undisciplined juvenile. If the juvenile court counselor finds that the facts contained in the complaint do not state a case within the jurisdiction of the court, that legal sufficiency has not been established, or that the matters alleged are frivolous, the juvenile court counselor, without further inquiry, shall refuse authorization to file the complaint as a petition.
If a complaint against the juvenile has not been previously received, as determined by the juvenile court counselor, the juvenile court counselor shall make reasonable efforts to meet with the juvenile and the juvenile's parent, guardian, or custodian if the offense is divertible.
When requested by the juvenile court counselor, the prosecutor shall assist in determining the sufficiency of evidence as it affects the quantum of proof and the elements of offenses.
The juvenile court counselor, without further inquiry, shall authorize the complaint to be filed as a petition if the juvenile court counselor finds reasonable grounds to believe that the juvenile has committed one of the following nondivertible offenses:
(1) Murder;
(2) First-degree rape or second degree rape;
(3) First-degree sexual offense or second degree sexual offense;
(4) Arson;
(5) Any violation of Article 5, Chapter 90 of the General Statutes that would constitute a felony if committed by an adult;
(6) First degree burglary;
(7) Crime against nature; or
(8) Any felony which involves the willful infliction of serious bodily injury upon another or which was committed by use of a deadly weapon.
(b) When a complaint is received against a juvenile less than 10 years of age, the juvenile court counselor shall make a preliminary determination as to whether the juvenile is a vulnerable juvenile or is within the jurisdiction of the court as a delinquent juvenile. If the juvenile court counselor determines the juvenile is within the jurisdiction of the court as a delinquent juvenile, the juvenile court counselor shall proceed with the complaint pursuant to subsection (a) of this section. If the juvenile court counselor determines the juvenile is a vulnerable juvenile, the juvenile court counselor shall handle the complaint as a juvenile consultation for a vulnerable juvenile. (1979, c. 815, s. 1; 1983, c. 251, s. 1; 1998-202, s. 6; 2001-490, s. 2.4; 2015-58, s. 2.1; 2021-123, s. 5(c).)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 17 - Screening of Delinquency, Undisciplined, and Vulnerable Complaints. › § 7B-1702 - Evaluation.

§ 7B-1702. Evaluation.
Upon a finding of legal sufficiency, except in cases involving nondivertible offenses set out in G.S. 7B-1701(a), the juvenile court counselor shall determine whether a complaint should be filed as a petition, the juvenile diverted pursuant to G.S. 7B-1706, or the case resolved without further action. In making the decision, the counselor shall consider criteria provided by the Department and shall conduct a gang assessment for juveniles who are 12 years of age or older. The intake process shall include the following steps if practicable:
(1) Interviews with the complainant and the victim if someone other than the complainant;
(2) Interviews with the juvenile and the juvenile's parent, guardian, or custodian;
(3) Interviews with persons known to have relevant information about the juvenile or the juvenile's family.
Interviews required by this section shall be conducted in person unless it is necessary to conduct them by telephone. (1979, c. 815, s. 1; 1981, c. 469, s. 5; 1998-202, s. 6; 2000-137, s. 3; 2001-490, s. 2.5; 2011-145, s. 19.1(l); 2017-57, s. 16D.4(ee); 2017-197, s. 5.4; 2018-142, s. 23(b); 2019-186, s. 3; 2021-123, s. 5(c).)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 17 - Screening of Delinquency, Undisciplined, and Vulnerable Complaints. › § 7B-1703 - Evaluation decision.

§ 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 maximum of 15 additional days at the discretion of the chief court counselor. The juvenile court counselor shall decide within this time period whether a complaint shall be filed as a juvenile petition, handled as a juvenile consultation for a vulnerable juvenile, or handled in some other manner authorized by this Article.
(b) Except as provided in G.S. 7B-1706, if the juvenile court counselor determines that a complaint should be filed as a petition, the counselor shall file the petition as soon as practicable, but in any event within 15 days after the complaint is received, with an extension for a maximum of 15 additional days at the discretion of the chief court counselor. The juvenile court counselor shall assist the complainant when necessary with the preparation and filing of the petition, shall include on it the date and the words "Approved for Filing", shall sign it, and shall transmit it to the clerk of superior court.
(c) If the juvenile court counselor determines that a petition should not be filed or the complaint handled as a juvenile consultation, the juvenile court counselor shall notify the complainant and the victim, if the complainant is not the victim, immediately in writing with specific reasons for the decision, whether or not legal sufficiency was found, and whether the matter was closed or diverted and retained, and shall include notice of the complainant's and victim's right to have the decision reviewed by the prosecutor. The juvenile court counselor shall sign the complaint after indicating on it:
(1) The date of the determination;
(2) The words "Not Approved for Filing"; and
(3) Whether the matter is "Closed" or "Diverted and Retained".
Except as provided in G.S. 7B-1706, any complaint not approved for filing as a juvenile petition or handled as a juvenile consultation shall be destroyed by the juvenile court counselor after holding the complaint for a temporary period to allow review as provided in G.S. 7B-1705.
(d) If the juvenile court counselor determines that a complaint should be handled as a juvenile consultation, the juvenile court counselor shall obtain referral information. (1979, c. 815, s. 1; 1998-202, s. 6; 2001-490, s. 2.6; 2017-57, s. 16D.4(t); 2018-142, s. 23(b); 2021-123, s. 5(c).)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 17 - Screening of Delinquency, Undisciplined, and Vulnerable Complaints. › § 7B-1704 - Request for review by prosecutor.

§ 7B-1704. Request for review by prosecutor.
The complainant and the victim have five calendar days, from receipt of the juvenile court counselor's decision not to approve the filing of a petition, to request review by the prosecutor. The juvenile court counselor shall notify the prosecutor immediately of such request and shall transmit to the prosecutor a copy of the complaint. The prosecutor shall notify the complainant, the victim, and the juvenile court counselor of the time and place for the review. (1979, c. 815, s. 1; 1998-202, s. 6; 2001-490, s. 2.7; 2017-57, s. 16D.4(u); 2018-142, s. 23(b).)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 17 - Screening of Delinquency, Undisciplined, and Vulnerable Complaints. › § 7B-1705 - Review of determination that petition should not be filed.

§ 7B-1705. Review of determination that petition should not be filed.
No later than 20 days after the complainant and the victim are notified, the prosecutor shall review the juvenile court counselor's determination that a juvenile petition should not be filed. Review shall include conferences with the complainant, the victim, and the juvenile court counselor. At the conclusion of the review, the prosecutor shall: (i) affirm the decision of the juvenile court counselor or direct the filing of a petition and (ii) notify the complainant and the victim of the prosecutor's action. (1979, c. 815, s. 1; 1981, c. 469, s. 6; 1998-202, s. 6; 2001-490, s. 2.8; 2017-57, s. 16D.4(v); 2018-142, s. 23(b).)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 17 - Screening of Delinquency, Undisciplined, and Vulnerable Complaints. › § 7B-1706.1 - Juvenile consultation services.

§ 7B-1706.1. Juvenile consultation services.
A juvenile court counselor shall serve a vulnerable juvenile under a juvenile consultation for up to six months providing case management services. An extension of juvenile consultation services may be made for up to three months at the approval of the chief court counselor. As part of case management services, the juvenile court counselor shall provide screenings, assessments, community resources, and programming to the juvenile and the parent, legal guardian, or custodian. (2021-123, s. 5(c).)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 17 - Screening of Delinquency, Undisciplined, and Vulnerable Complaints. › § 7B-1707 - Direct contempt by juvenile.

§ 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 the juvenile should not be held in contempt. (2007-168, s. 4.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 18 - Venue; Petition; Summons. › § 7B-1800 - Venue.

§ 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 the offense is alleged to have occurred. When a proceeding is commenced in a district other than that of the juvenile's residence, the court shall proceed to adjudication in that district and, if the juvenile is in residential treatment or foster care in that district, the court shall conduct the dispositional hearing in that district as well, unless the judge enters an order, supported by findings of fact, that a transfer would serve the ends of justice or is in the best interests of the juvenile.
(b) Except as provided in subsection (a) of this section, after adjudication, the following procedures shall be available to the court:
(1) The court may transfer the proceeding to the court in the district where the juvenile resides for disposition.
(2) Where the proceeding is not transferred under subdivision (1) of this section, the court shall immediately notify the chief district court judge in the district in which the juvenile resides. If the chief district court judge requests a transfer within five days after receipt of notification, the court shall transfer the proceeding.
(3) Where the proceeding is not transferred under subdivision (1) or (2) of this section, the court, upon motion of the juvenile, shall transfer the proceeding to the court in the district where the juvenile resides for disposition. The court shall advise the juvenile of the juvenile's right to transfer under this section. (1979, c. 815, s. 1; 1998-202, s. 6; 2004-155, s. 1.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 18 - Venue; Petition; Summons. › § 7B-1801 - Pleading and process.

§ 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, s. 6.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 18 - Venue; Petition; Summons. › § 7B-1802 - Petition.

§ 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 parent, guardian, or custodian. The petition shall allege the facts that invoke jurisdiction over the juvenile. The petition shall not contain information on more than one juvenile.
A petition in which delinquency is alleged shall contain a plain and concise statement, without allegations of an evidentiary nature, asserting facts supporting every element of a criminal offense and the juvenile's commission thereof with sufficient precision clearly to apprise the juvenile of the conduct which is the subject of the allegation.
Sufficient copies of the petition shall be prepared so that copies will be available for the juvenile, for each parent if living separate and apart, for the guardian or custodian if any, for the juvenile court counselor, for the prosecutor, and for any person determined by the court to be a necessary party. (1979, c. 815, s. 1; 1981, c. 469, s. 9; 1998-202, s. 6; 2001-490, s. 2.10.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 18 - Venue; Petition; Summons. › § 7B-1803 - Receipt of complaints; filing of petition.

§ 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. Thereafter, if the juvenile court counselor determines that a petition should be filed, the petition shall be drawn by the juvenile court counselor or the clerk, signed by the complainant, and verified before an official authorized to administer oaths. If the circumstances indicate a need for immediate attachment of jurisdiction and if the juvenile court counselor is out of the county or otherwise unavailable to receive a complaint and to draw a petition when it is needed, the clerk shall assist the complainant in communicating the complaint to the juvenile court counselor by telephone and, with the approval of the juvenile court counselor, shall draw a petition and file it when signed and verified. A copy of the complaint and petition shall be transmitted to the juvenile court counselor.
(b) If review is requested pursuant to G.S. 7B-1704, the prosecutor shall review a complaint and any decision of the juvenile court counselor not to authorize that the complaint be filed as a petition. If the prosecutor, after review, authorizes a complaint to be filed as a petition, the prosecutor shall prepare the complaint to be filed by the clerk as a petition, recording the day of filing. (1979, c. 815, s. 1; 1981, c. 469, ss. 10, 11; 1998-202, s. 6; 2001-490, s. 2.11; 2012-172, s. 1.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 18 - Venue; Petition; Summons. › § 7B-1804 - Commencement of action.

§ 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 acceptance of a petition for filing pursuant to subsection (b) of this section when the clerk's office is closed.
(b) When the office of the clerk is closed and the juvenile court counselor requests a petition alleging a juvenile to be delinquent or undisciplined, a magistrate may draw and verify the petition and accept it for filing, which acceptance shall constitute filing. The magistrate's authority under this subsection is limited to emergency situations when a petition is required in order to obtain a secure or nonsecure custody order. Any petition accepted for filing under this subsection shall be delivered to the clerk's office for processing as soon as that office is open for business. (1979, c. 815, s. 1; 1987, c. 409, s. 3; 1998-202, s. 6; 2001-490, s. 2.12.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 18 - Venue; Petition; Summons. › § 7B-1806 - Service of summons.

§ 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 to the date of the scheduled hearing. The time for service may be waived in the discretion of the court. A law enforcement officer or juvenile court counselor may serve and complete juvenile process under this section and as provided in G.S. 143B-831. A defense of lack of personal jurisdiction or insufficiency of service of process is waived if a parent, guardian, or custodian and juvenile avail themselves to the court and an objection is not raised at the initial court appearance.
If the parent, guardian, or custodian entitled to receive a summons cannot be found by a diligent effort, the court may authorize service of the summons and petition by mail or by publication. The cost of the service by publication shall be advanced by the petitioner and may be charged as court costs as the court may direct.
The court may issue a show cause order for contempt against a parent, guardian, or custodian who is personally served and fails without reasonable cause to appear and to bring the juvenile before the court.
The provisions of G.S. 15A-301(a), (c), (d), and (e) relating to criminal process apply to juvenile process; provided the period of time for return of an unserved summons is 30 days. (1979, c. 815, s. 1; 1998-202, s. 6; 2023-114, s. 4(a).)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 18 - Venue; Petition; Summons. › § 7B-1807 - Notice to parent and juvenile of scheduled hearings.

§ 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 assumed the status and obligation of a parent without being awarded legal custody of the juvenile by a court, five days' written notice of the date and time of all scheduled hearings unless the party is notified in open court or the court orders otherwise. (1998-202, s. 6.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 18 - Venue; Petition; Summons. › § 7B-1808 - First appearance for felony cases.

§ 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 shall be summoned to appear before the court for a first appearance within 10 days of the filing of the petition. If the juvenile is in secure or nonsecure custody, the first appearance shall take place at the initial hearing required by G.S. 7B-1906. Unless the juvenile is in secure or nonsecure custody, the court may continue the first appearance to a time certain for good cause.
(b) At the first appearance, the court shall:
(1) Inform the juvenile of the allegations set forth in the petition;
(2) Determine whether the juvenile has retained counsel or has been assigned counsel;
(3) If applicable, inform the juvenile of the date of the probable cause hearing, which shall be within 15 days of the first appearance; and
(4) Inform the parent, guardian, or custodian that the parent, guardian, or custodian is required to attend all hearings scheduled in the matter and may be held in contempt of court for failure to attend any scheduled hearing.
If the juvenile is not represented by counsel, counsel for the juvenile shall be appointed in accordance with rules adopted by the Office of Indigent Services. (1998-202, s. 6; 2000-144, s. 20; 2001-487, s. 4.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 19 - Temporary Custody; Secure and Nonsecure Custody; Custody Hearings. › § 7B-1900 - Taking a juvenile into temporary custody.

§ 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 be obtained. A juvenile may be taken into temporary custody without a court order under the following circumstances:
(1) By a law enforcement officer if grounds exist for the arrest of an adult in identical circumstances under G.S. 15A-401(b).
(2) By a law enforcement officer or a juvenile court counselor if there are reasonable grounds to believe that the juvenile is an undisciplined juvenile.
(3) By a law enforcement officer, by a juvenile court counselor, by a member of the Black Mountain Center, Alcohol Rehabilitation Center, and Juvenile Evaluation Center Joint Security Force established pursuant to G.S. 122C-421, or by personnel of the Division if there are reasonable grounds to believe the juvenile is an absconder from any residential facility operated by the Division or from an approved detention facility. (1979, c. 815, s. 1; 1985, c. 408, s. 1; 1985 (Reg. Sess., 1986), c. 863, s. 1; 1994, Ex. Sess., c. 27, s. 2; 1995, c. 391, s. 1; 1997-443, s. 11A.118(a); 1998-202, s. 6; 2000-137, s. 3; 2001-490, s. 2.13; 2011-145, s. 19.1(l).)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 19 - Temporary Custody; Secure and Nonsecure Custody; Custody Hearings. › § 7B-1901 - Duties of person taking juvenile into temporary custody.

§ 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 the juvenile's parent, guardian, or custodian that the juvenile has been taken into temporary custody and advise the parent, guardian, or custodian of the right to be present with the juvenile until a determination is made as to the need for secure or nonsecure custody. Failure to notify the parent, guardian, or custodian that the juvenile is in custody shall not be grounds for release of the juvenile.
(2) Release the juvenile to the juvenile's parent, guardian, or custodian if the person having the juvenile in temporary custody decides that continued custody is unnecessary. In the case of a juvenile unlawfully absent from school, if continued custody is unnecessary, the person having temporary custody may deliver the juvenile to the juvenile's school or, if the local city or county government and the local school board adopt a policy, to a place in the local school administrative unit.
(3) If the juvenile is not released, request that a petition be drawn pursuant to G.S. 7B-1803 or G.S. 7B-1804. Once the petition has been drawn and verified, the person shall communicate with the juvenile court counselor. If the juvenile court counselor approves the filing of the petition, the juvenile court counselor shall contact the judge or the person delegated authority pursuant to G.S. 7B-1902 if other than the juvenile court counselor, for a determination of the need for continued custody.
(b) A juvenile taken into temporary custody under this Article shall not be held for more than 12 hours, or for more than 24 hours if any of the 12 hours falls on a Saturday, Sunday, or legal holiday, unless a petition or motion for review has been filed and an order for secure or nonsecure custody has been entered.
(c) A person who takes a juvenile into custody under G.S. 7B-1900(3), after receiving an order for secure custody, shall transport the juvenile to the nearest approved facility providing secure custody. The person then shall contact the administrator of the facility from which the juvenile absconded, who shall be responsible for returning the juvenile to that facility.
(d) A person who takes an individual who is 21 years of age or older into temporary custody for an offense committed when the individual was a juvenile shall proceed in accordance with this Chapter. If, pursuant to the criteria in G.S. 7B-1903(b), secure custody is ordered for any person 21 years of age or older who falls within the jurisdiction of the court, pursuant to G.S. 7B-1601(d) or G.S. 7B-1601(d1), the order shall designate that the person be temporarily detained in the county jail where the charges arose. (1979, c. 815, s. 1; 1981, c. 335, ss. 1, 2; 1994, Ex. Sess., c. 17, s. 1; c. 27, s. 3; 1995, c. 391, s. 2; 1998-202, s. 6; 2001-490, s. 2.14; 2019-186, s. 4.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 19 - Temporary Custody; Secure and Nonsecure Custody; Custody Hearings. › § 7B-1902 - Authority to issue custody orders; delegation.

§ 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 juvenile in custody, the court may order that the juvenile be placed in secure or nonsecure custody pursuant to criteria set out in G.S. 7B-1903.
Any district court judge may issue secure and nonsecure custody orders pursuant to G.S. 7B-1903. The chief district court judge may delegate the court's authority to the chief court counselor or the chief court counselor's counseling staff by administrative order filed in the office of the clerk of superior court. The administrative order shall specify which persons may be contacted for approval of a secure or nonsecure custody order. The chief district court judge shall not delegate the court's authority to detain or house juveniles in holdover facilities pursuant to G.S. 7B-1905 or G.S. 7B-2513.
Any superior court judge may issue a secure custody order pursuant to G.S. 7B-1903 when a juvenile matter that has been transferred to superior court is remanded to district court pursuant to G.S. 7B-2200.5(d). (1979, c. 815, s. 1; 1981, c. 425; 1983, c. 590, s. 1; 1998-202, s. 6; 2021-123, s. 3(b).)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 19 - Temporary Custody; Secure and Nonsecure Custody; Custody Hearings. › § 7B-1904 - Order for secure or nonsecure custody.

§ 7B-1904. Order for secure or nonsecure custody.
The custody order shall be in writing and shall direct a law enforcement officer or juvenile court counselor to assume custody of the juvenile and to make due return on the order. An initial order for secure custody may be issued following the filing of the petition and before the juvenile has been served with the petition pursuant to G.S. 7B-1806. The official executing the order shall give a copy of the order to the juvenile and the juvenile's parent, guardian, or custodian. If the juvenile has not been served with the petition upon being detained, the juvenile shall be served with the petition no more [than] 72 hours after the juvenile has been detained. If the order is for nonsecure custody, the official executing the order shall also give a copy of the petition and order to the person or agency with whom the juvenile is being placed. If the order is for secure custody, copies of the petition and custody order shall accompany the juvenile to the detention facility or holdover facility of the jail. A message of the Department of Public Safety stating that a juvenile petition and secure custody order relating to a specified juvenile are on file in a particular county shall be authority to detain the juvenile in secure custody until a copy of the juvenile petition and secure custody order can be forwarded to the juvenile detention facility. The copies of the juvenile petition and secure custody order shall be transmitted to the detention facility no later than 72 hours after the initial detention of the juvenile. (1979, c. 815, s. 1; 1989, c. 124; 1998-202, s. 6; 2009-311, s. 15; 2014-100, s. 17.1(t); 2023-114, s. 6(a).)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 19 - Temporary Custody; Secure and Nonsecure Custody; Custody Hearings. › § 7B-1904.5 - Execution of secure custody order by law enforcement officer.

§ 7B-1904.5. Execution of secure custody order by law enforcement officer.
(a) [Execution of Order. – ] A law enforcement officer receiving an order for custody which is complete and regular on its face may execute it in accordance with its terms and need not inquire into its regularity or continued validity nor does the law enforcement officer incur criminal or civil liability for its execution.
(b) Entry on Private Premises or Vehicle and Use of Force. – A law enforcement officer may enter a private premises or a vehicle to take a juvenile into custody when all of the following requirements are met:
(1) The law enforcement officer has in the law enforcement officer's possession a secure custody order or a copy of the order, provided that a law enforcement officer may utilize a copy of a secure custody order only if the original order is in the possession of a member of a law enforcement agency located in the county where the law enforcement officer is employed and the law enforcement officer verifies with the agency that the order is current and valid.
(2) The law enforcement officer has reasonable cause to believe the juvenile to be taken into custody is present in the premises or vehicle.
(3) The law enforcement officer has given, or made a reasonable effort to give, notice of the law enforcement officer's authority and purpose to an occupant of the premises or vehicle, unless there is reasonable cause to believe that the giving of such notice would present a danger to the life or safety of any person.
A law enforcement officer may use force to enter the premises or vehicle if the law enforcement officer believes that admittance is being denied or unreasonably delayed or if the law enforcement officer is authorized under subdivision (3) of this subsection to enter without giving notice of the law enforcement officer's authority and purpose. (2023-114, s. 6(b).)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 19 - Temporary Custody; Secure and Nonsecure Custody; Custody Hearings. › § 7B-1905 - Place of secure or nonsecure custody.

§ 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 a person designated in the order for temporary residential placement in:
(1) A licensed foster home or a home otherwise authorized by law to provide such care;
(2) A facility operated by a department of social services; or
(3) Any other home or facility approved by the court and designated in the order.
In placing a juvenile in nonsecure custody, the court shall first consider whether a relative of the juvenile is willing and able to provide proper care and supervision of the juvenile. If the court finds that the relative is willing and able to provide proper care and supervision, the court shall order placement of the juvenile with the relative unless the court finds that placement with the relative would be contrary to the best interest of the juvenile. Placement of a juvenile outside of this State shall be in accordance with the Interstate Compact on the Placement of Children set forth in Article 38 of this Chapter.
(b) Pursuant to G.S. 7B-1903(b), (c), or (d), a juvenile may be temporarily detained in an approved detention facility. It shall be unlawful for a sheriff or any unit of government to operate a juvenile detention facility unless the facility meets the standards and rules adopted by the Department of Public Safety and has been approved by the Division of Juvenile Justice for operation as a juvenile detention facility.
(c) A juvenile who has allegedly committed an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult may be detained in secure custody in a holdover facility up to 72 hours, if the court, based on information provided by the juvenile court counselor, determines that no acceptable alternative placement is available and the protection of the public requires the juvenile be housed in a holdover facility.
(d) If, pursuant to the criteria in G.S. 7B-1903(b), secure custody is ordered for any person 18 years of age or older who falls within the jurisdiction of the court, pursuant to G.S. 7B-1601(d) or G.S. 7B-1601(d1), the person may be temporarily detained in the county jail where the charges arose. (1979, c. 815, s. 1; 1983, c. 639, ss. 1, 2; 1997-390, s. 4; 1997-443, s. 11A.118(a); 1998-202, s. 6; 1998-229, s. 3; 1999-423, s. 14; 2001-490, s. 2.15; 2012-172, s. 4; 2019-186, s. 6; 2021-180, s. 19C.9(dd).)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 19 - Temporary Custody; Secure and Nonsecure Custody; Custody Hearings. › § 7B-1907 - Telephonic communication authorized.

§ 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 of communication are impractical. All written orders pursuant to telephonic communication shall bear the name and the title of the person communicating by telephone, the signature and the title of the official entering the order, and the hour and the date of the authorization. (1979, c. 815, s. 1; 1998-202, s. 6.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 20 - Basic Rights. › § 7B-2000 - Juvenile's right to counsel; presumption of indigence.

§ 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 for the juvenile shall be appointed in accordance with rules adopted by the Office of Indigent Defense Services, unless counsel is retained for the juvenile, in any proceeding in which the juvenile is alleged to be (i) delinquent or (ii) in contempt of court when alleged or adjudicated to be undisciplined.
(b) All juveniles shall be conclusively presumed to be indigent, and it shall not be necessary for the court to receive from any juvenile an affidavit of indigency. (1979, c. 815, s. 1; 1998-202, s. 6; 2000-144, s. 22.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 20 - Basic Rights. › § 7B-2001 - Appointment of guardian.

§ 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 in the best interests of the juvenile, the court may appoint a guardian of the person for the juvenile. The guardian shall operate under the supervision of the court with or without bond and shall file only such reports as the court shall require. Unless the court orders otherwise, the guardian:
(1) Shall have the care, custody, and control of the juvenile or may arrange a suitable placement for the juvenile.
(2) May represent the juvenile in legal actions before any court.
(3) May consent to certain actions on the part of the juvenile in place of the parent or custodian, including (i) marriage, (ii) enlisting in the Armed Forces of the United States, and (iii) enrollment in school.
(4) May consent to any necessary remedial, psychological, medical, or surgical treatment for the juvenile.
The authority of the guardian shall continue until the guardianship is terminated by court order, until the juvenile is emancipated pursuant to Subchapter IV of this Chapter, or until the juvenile reaches the age of majority. (1979, c. 815, s. 1; 1997-390, s. 7; 1998-202, s. 6; 2011-183, s. 5.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 20 - Basic Rights. › § 7B-2002 - Payment of court-appointed attorney.

§ 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 with rules adopted by the Office of Indigent Defense Services. The court may require payment of the attorneys' fees from a person other than the juvenile as provided in G.S. 7A-450.1, 7A-450.2, and 7A-450.3. A person who does not comply with the court's order of payment may be found in civil contempt as provided in G.S. 5A-21. (1979, c. 815, s. 1; 1983, c. 726, ss. 2, 3; 1987 (Reg. Sess., 1988), c. 1090, s. 6; 1991, c. 575, s. 1; 1998-202, s. 6; 2000-144, s. 23.)