reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 62 - Local Judicially Managed Accountability and Recovery Court Act. › § 7A-799 - Treatment not guaranteed.

§ 7A-799. Treatment not guaranteed.
Nothing contained in this Article shall confer a right or an expectation of a right to treatment or recovery management for a defendant or offender within the criminal or juvenile justice system or a respondent in a juvenile petition for abuse, neglect, or both. (1995, c. 507, s. 21.6(a); 1998-23, s. 9; 1998-212, s. 16.15(a); 2001-424, s. 22.8(f); 2021-180, s. 16.5(a).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 62 - Local Judicially Managed Accountability and Recovery Court Act. › § 7A-800 - Payment of costs of treatment.

§ 7A-800. Payment of costs of treatment.
Each defendant, offender, or respondent in a juvenile petition for abuse, neglect, or both, who receives treatment under a local judicially managed accountability and recovery court shall contribute to the cost of that treatment based upon guidelines developed by the local judicially managed accountability and recovery court committee. (1995, c. 507, s. 21.6(a); 1998-23, s. 9; 1998-212, s. 16.15(a), (h); 2001-424, s. 22.8(g); 2021-180, s. 16.5(a); 2022-6, s. 8.2(d).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 62 - Local Judicially Managed Accountability and Recovery Court Act. › § 7A-801 - Monitoring and annual report.

§ 7A-801. Monitoring and annual report.
The Administrative Office of the Courts shall monitor all State-recognized and funded local judicially managed accountability and recovery courts, prepare an annual report on the implementation, operation, and effectiveness of the statewide judicially managed accountability and recovery court program, and submit the report to the General Assembly by March 1 of each year. Each judicially managed accountability and recovery court shall submit evaluation reports to the Administrative Office of the Courts as requested. (1995, c. 507, s. 21.6(a); 1998-23, s. 9; 1998-212, s. 16.15(a), (i); 2007-393, s. 14; 2021-180, s. 16.5(a).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 62 - Local Judicially Managed Accountability and Recovery Court Act. › § 7A-802 - Exemption from Article.

§ 7A-802. Exemption from Article.
This Article does not apply to drug treatment courts or local judicially managed accountability and recovery courts in existence on or before January 1, 2022, to the extent that compliance with this Article would disqualify the court for grant funding provided by the National Association of Drug Court Professionals. (2021-180, s. 16.5(a); 2022-6, s. 8.2(d).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 63 - Conference of Clerks of Superior Court. › § 7A-805 - Establishment and purpose.

§ 7A-805. Establishment and purpose.
There is created the Conference of Clerks of Superior Court of North Carolina, of which each clerk of superior court is a member. The purpose of the Conference is to assist in improving the administration of justice in North Carolina by coordinating the efforts of the various clerks of superior court, by assisting them in the administration of their offices, and by exercising the powers and performing the duties provided for in this Article. (2005-100, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 63 - Conference of Clerks of Superior Court. › § 7A-806 - Annual meetings; organization; election of officers.

§ 7A-806. Annual meetings; organization; election of officers.
(a) Annual Meetings. – The Conference shall meet each summer and winter at a time and place selected by the President of the Conference.
(b) Election of Officers. – Officers of the Conference are a President, two Vice Presidents, a Secretary, a Treasurer, and other officers from among its membership that the Conference may designate in its bylaws. Officers are elected for one-year terms at the annual summer conference and take office immediately following their election.
(c) Executive Committee. – The Executive Committee of the Conference consists of the President, the two Vice Presidents, the Secretary, the Treasurer, and seven other members of the Conference. One of these seven members shall be the immediate past president if there is one and that past president continues to be a member.
(d) Organization and Functioning; Bylaws. – The bylaws may provide for the organization and functioning of the Conference, including the powers and duties of its officers and committees. The bylaws shall state the number of members required to constitute a quorum at any meeting of the Conference or the Executive Committee. The bylaws shall set out the procedure for amending the bylaws.
(e) Calling Meetings; Duty to Attend. – The President or the Executive Committee may call a meeting of the Conference upon 10 days' notice to the members, except upon written waiver of notice signed by at least three-fourths of the members. A member should attend each meeting of the Conference and the Executive Committee of which he is given notice. Members are entitled to reimbursement for travel and subsistence expenses at the rate applicable to State employees. (2005-100, s. 1; 2006-66, s. 14.20(a); 2006-221, s. 15.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 63 - Conference of Clerks of Superior Court. › § 7A-807 - Powers of Conference.

§ 7A-807. Powers of Conference.
(a) The Conference may:
(1) Cooperate with citizens and other public and private agencies to promote the effective administration of justice.
(2) Develop advisory manuals to assist in the organization and administration of their offices, case management, calendaring, case tracking, filing, and office procedures.
(3) Work with the cooperation of the Administrative Office of the Courts and the Institute of Government of the School of Government at UNC-Chapel Hill to provide education and training programs for the clerks of superior court and their staff.
(b) The Conference may not adopt rules pursuant to Chapter 150B of the General Statutes. (2005-100, s. 1.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 1 - Purposes; Definitions. › § 7B-100 - Purpose.

§ 7B-100. Purpose.
This Subchapter shall be interpreted and construed so as to implement the following purposes and policies:
(1) To provide procedures for the hearing of juvenile cases that assure fairness and equity and that protect the constitutional rights of juveniles and parents;
(2) To develop a disposition in each juvenile case that reflects consideration of the facts, the needs and limitations of the juvenile, and the strengths and weaknesses of the family.
(3) To provide for services for the protection of juveniles by means that respect both the right to family autonomy and the juveniles' needs for safety, continuity, and permanence; and
(4) To provide standards for the removal, when necessary, of juveniles from their homes and for the return of juveniles to their homes consistent with preventing the unnecessary or inappropriate separation of juveniles from their parents.
(5) To provide standards, consistent with the Adoption and Safe Families Act of 1997, P.L. 105-89, for ensuring that the best interests of the juvenile are of paramount consideration by the court and that when it is not in the juvenile's best interest to be returned home, the juvenile will be placed in a safe, permanent home within a reasonable amount of time. (1979, c. 815, s. 1; 1987 (Reg. Sess., 1988), c. 1090, s. 1; 1998-202, s. 6; 1999-456, s. 60; 2003-140, s. 5.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 2 - Jurisdiction. › § 7B-201 - Retention and termination of jurisdiction.

§ 7B-201. Retention and termination of jurisdiction.
(a) When the court obtains jurisdiction over a juvenile, jurisdiction shall continue until terminated by order of the court or until the juvenile reaches the age of 18 years or is otherwise emancipated, whichever occurs first.
(b) When the court's jurisdiction terminates, whether automatically or by court order, the court thereafter shall not modify or enforce any order previously entered in the case, including any juvenile court order relating to the custody, placement, or guardianship of the juvenile. The legal status of the juvenile and the custodial rights of the parties shall revert to the status they were before the juvenile petition was filed, unless applicable law or a valid court order in another civil action provides otherwise. Termination of the court's jurisdiction in an abuse, neglect, or dependency proceeding, however, shall not affect any of the following:
(1) A civil custody order entered pursuant to G.S. 7B-911.
(2) An order terminating parental rights.
(3) A pending action to terminate parental rights, unless the court orders otherwise.
(4) Any proceeding in which the juvenile is alleged to be or has been adjudicated undisciplined or delinquent.
(5) The court's jurisdiction in relation to any new abuse, neglect, or dependency petition that is filed. (1979, c. 815, s. 1; 1981, c. 469, s. 4; 1996, 2nd Ex. Sess., c. 18, s. 23.2(d); 1998-202, s. 6; 1999-456, s. 60; 2005-320, s. 2.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 3 - Screening of Abuse and Neglect Complaints. › § 7B-300 - Protective services.

§ 7B-300. Protective services.
The director of the department of social services in each county of the State shall establish protective services for juveniles alleged to be abused, neglected, or dependent.
Protective services shall include the screening of reports, the performance of an assessment using either a family assessment response or an investigative assessment response, casework, or other counseling services to parents, guardians, or other caretakers as provided by the director to help the parents, guardians, or other caretakers and the court to prevent abuse or neglect, to improve the quality of child care, to be more adequate parents, guardians, or caretakers, and to preserve and stabilize family life. (1979, c. 815, s. 1; 1981, c. 359, s. 1; 1991 (Reg. Sess., 1992), c. 923, s. 1; 1997-506, s. 31; 1998-202, s. 6; 1999-456, s. 60; 2005-55, s. 2; 2015-123, s. 2.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 3 - Screening of Abuse and Neglect Complaints. › § 7B-301 - Duty to report abuse, neglect, dependency, or death due to maltreatment.

§ 7B-301. Duty to report abuse, neglect, dependency, or death due to maltreatment.
(a) Any person or institution who has cause to suspect that any juvenile is abused, neglected, or dependent, as defined by G.S. 7B-101, or has died as the result of maltreatment, shall report the case of that juvenile to the director of the department of social services in the county where the juvenile resides or is found. The report may be made orally, by telephone, or in writing. The report shall include information as is known to the person making it including the name and address of the juvenile; the name and address of the juvenile's parent, guardian, or caretaker; the age of the juvenile; the names and ages of other juveniles in the home; the present whereabouts of the juvenile if not at the home address; the nature and extent of any injury or condition resulting from abuse, neglect, or dependency; and any other information which the person making the report believes might be helpful in establishing the need for protective services or court intervention. If the report is made orally or by telephone, the person making the report shall give the person's name, address, and telephone number. Refusal of the person making the report to give a name shall not preclude the department's assessment of the alleged abuse, neglect, dependency, or death as a result of maltreatment.
(b) Any person or institution who knowingly or wantonly fails to report the case of a juvenile as required by subsection (a) of this section, or who knowingly or wantonly prevents another person from making a report as required by subsection (a) of this section, is guilty of a Class 1 misdemeanor.
(c) Repealed by Session Laws 2015-123, s. 3, effective January 1, 2016. (1979, c. 815, s. 1; 1991 (Reg. Sess., 1992), c. 923, s. 2; 1993, c. 516, s. 4; 1997-506, s. 32; 1998-202, s. 6; 1999-456, s. 60; 2005-55, s. 3; 2013-52, s. 7; 2015-123, s. 3.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 3 - Screening of Abuse and Neglect Complaints. › § 7B-305 - Request for review by prosecutor.

§ 7B-305. Request for review by prosecutor.
The person making the report shall have five working days, from receipt of the decision of the director of the department of social services not to petition the court, to notify the prosecutor that the person is requesting a review. The prosecutor shall notify the person making the report and the director of the time and place for the review, and the director shall immediately transmit to the prosecutor a copy of a summary of the assessment. (1979, c. 815, s. 1; 1998-202, s. 6; 1999-456, s. 60; 2005-55, s. 6.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 3 - Screening of Abuse and Neglect Complaints. › § 7B-306 - Review by prosecutor.

§ 7B-306. Review by prosecutor.
The prosecutor shall review the director's determination that a petition should not be filed within 20 days after the person making the report is notified. The review shall include conferences with the person making the report, the protective services worker, the juvenile, if practicable, and other persons known to have pertinent information about the juvenile or the juvenile's family. At the conclusion of the conferences, the prosecutor may affirm the decision made by the director, may request the appropriate local law enforcement agency to investigate the allegations, or may direct the director to file a petition. (1979, c. 815, s. 1; 1981, c. 469, s. 7; 1993, c. 516, s. 7; 1998-202, s. 6; 1999-456, s. 60.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 3 - Screening of Abuse and Neglect Complaints. › § 7B-307 - Duty of director to report evidence of abuse, neglect; investigation by local law enforcement; notification to appropriate military authority; notification of Department of Health and Human Services.

§ 7B-307. Duty of director to report evidence of abuse, neglect; investigation by local law enforcement; notification to appropriate military authority; notification of Department of Health and Human Services.
(a) If the director finds evidence that a juvenile may have been abused as defined by G.S. 7B-101, the director shall make an immediate oral and subsequent written report of the findings to the district attorney or the district attorney's designee and the appropriate local law enforcement agency, including notifying the appropriate military authority that there is evidence of abuse or neglect of a juvenile by a parent, guardian, custodian, or caretaker with that military affiliation, within 48 hours after receipt of the report. The local law enforcement agency shall immediately, but no later than 48 hours after receipt of the information, initiate and coordinate a criminal investigation with the protective services assessment being conducted by the county department of social services. Upon completion of the investigation, the district attorney shall determine whether criminal prosecution is appropriate and may request the director or the director's designee to appear before a magistrate.
If the director receives information that a juvenile may have been physically harmed in violation of any criminal statute by any person other than the juvenile's parent, guardian, custodian, or caretaker, the director shall make an immediate oral and subsequent written report of that information to the district attorney or the district attorney's designee and to the appropriate local law enforcement agency within 48 hours after receipt of the information. The local law enforcement agency shall immediately, but no later than 48 hours after receipt of the information, initiate a criminal investigation. Upon completion of the investigation, the district attorney shall determine whether criminal prosecution is appropriate.
If the report received pursuant to G.S. 7B-301 involves abuse or neglect of a juvenile or child maltreatment, as defined in G.S. 110-105.3, in child care, the director shall notify the Department of Health and Human Services within 24 hours or on the next working day of receipt of the report.
The director of the department of social services shall submit a report of alleged abuse, neglect, or dependency cases or child fatalities that are the result of alleged maltreatment to the central registry under the policies adopted by the Social Services Commission.
(b), (c) Repealed by Session Laws 2015-123, s. 5, effective January 1, 2016. (1979, c. 815, s. 1; 1983, c. 199; 1985, c. 757, s. 156(s)-(u); 1991, c. 593, s. 2; 1991 (Reg. Sess., 1992), c. 923, s. 4; 1993, c. 516, s. 8; 1997-443, s. 11A.118(a); 1997-506, s. 33; 1998-202, s. 6; 1999-456, s. 60; 2005-55, s. 7; 2015-123, s. 5; 2019-201, s. 3(b).)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 3 - Screening of Abuse and Neglect Complaints. › § 7B-309 - Immunity of persons reporting and cooperating in an assessment.

§ 7B-309. Immunity of persons reporting and cooperating in an assessment.
Anyone who makes a report pursuant to this Article; cooperates with the county department of social services in a protective services assessment; testifies in any judicial proceeding resulting from a protective services report or assessment; provides information or assistance, including medical evaluations or consultation in connection with a report, investigation, or legal intervention pursuant to a good-faith report of child abuse or neglect; or otherwise participates in the program authorized by this Article; is immune from any civil or criminal liability that might otherwise be incurred or imposed for that action provided that the person was acting in good faith. In any proceeding involving liability, good faith is presumed. (1979, c. 815, s. 1; 1981, s. 469, s. 8; 1993, c. 516, s. 9; 1998-202, s. 6; 1999-456, s. 60; 2005-55, s. 9; 2019-240, s. 18.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 3 - Screening of Abuse and Neglect Complaints. › § 7B-310 - Privileges not grounds for failing to report or for excluding evidence.

§ 7B-310. Privileges not grounds for failing to report or for excluding evidence.
No privilege shall be grounds for any person or institution failing to report that a juvenile may have been abused, neglected, or dependent, even if the knowledge or suspicion is acquired in an official professional capacity, except when the knowledge or suspicion is gained by an attorney from that attorney's client during representation only in the abuse, neglect, or dependency case. No privilege, except the attorney-client privilege, shall be grounds for excluding evidence of abuse, neglect, or dependency in any judicial proceeding (civil, criminal, or juvenile) in which a juvenile's abuse, neglect, or dependency is in issue nor in any judicial proceeding resulting from a report submitted under this Article, both as this privilege relates to the competency of the witness and to the exclusion of confidential communications. (1979, c. 815, s. 1; 1987, c. 323, s. 1; 1993, c. 514, s. 3; c. 516, s. 10; 1995, c. 509, s. 133; 1998-202, s. 6; 1999-456, s. 60.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 3A - Judicial Review; Responsible Individuals List. › § 7B-320 - Notification to individual determined to be a responsible individual.

§ 7B-320. Notification to individual determined to be a responsible individual.
(a) After the completion of an investigative assessment response that results in a determination of abuse or serious neglect and the identification of a responsible individual, the director shall personally deliver written notice of the determination to the identified individual in an expeditious manner.
(a1) If the director determines that the juvenile is the victim of human trafficking by an individual other than the juvenile's parent, guardian, custodian, or caretaker, the director shall cooperate with the local law enforcement agency and district attorney to determine the safest way, if possible, to provide notification to the identified responsible individual. If the director does not provide notification in accordance with this subsection, the director shall document the reason and basis for not providing the notification.
The director shall not provide notification to the responsible individual or proceed further under this Article if notification is likely to cause any of the following to occur:
(1) Cause mental or physical harm or danger to the juvenile.
(2) Undermine an ongoing or future criminal investigation.
(3) Jeopardize the State's ability to prosecute the identified responsible individual.
(b) If personal written notice is not made within 15 days of the determination and the director has made diligent efforts to locate the identified individual, the director shall send the notice to the individual by registered or certified mail, return receipt requested, and addressed to the individual at the individual's last known address.
(c) The notice shall include all of the following:
(1) A statement informing the individual of the nature of the investigative assessment response and whether the director determined abuse or serious neglect or both.
(1a) A statement that the individual has been identified as a responsible individual.
(2) A statement summarizing the substantial evidence supporting the director's determination without identifying the reporter or collateral contacts.
(3) A statement informing the individual that unless the individual petitions for judicial review, the individual's name will be placed on the responsible individuals list as provided in G.S. 7B-311, and that the Department of Health and Human Services may provide information from this list to child caring institutions, child placing agencies, group home facilities, and other providers of foster care, child care, or adoption services that need to determine the fitness of individuals to care for or adopt children.
(4) A clear description of the actions the individual must take to seek judicial review of the director's determination.
(d) In addition to the notice, the director shall provide the individual with a copy of a petition for judicial review form. (2005-399, s. 3; 2010-90, s. 5; 2013-129, s. 4; 2019-33, s. 3; 2021-132, s. 2(a).)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 3A - Judicial Review; Responsible Individuals List. › § 7B-324 - Persons ineligible to petition for judicial review.

§ 7B-324. Persons ineligible to petition for judicial review.
(a) An individual who has been identified by a director as a responsible individual is not eligible for judicial review if any of the following apply:
(1) The individual is criminally convicted as a result of the same incident. The district attorney shall inform the director of the result of the criminal proceeding.
(2) Repealed by Session Laws 2013-129, s. 6, effective October 1, 2013, and applicable to actions filed or pending on or after that date.
(3) Repealed by Session Laws 2010-90, s. 8, effective July 11, 2010.
(4) After proper notice, the individual fails to file a petition for judicial review with the district court in a timely manner.
(5) Repealed by Session Laws 2010-90, s. 8, effective July 11, 2010.
(a1) If the individual is criminally convicted as a result of the same incident after the petition for judicial review is filed, the court shall dismiss the petition for judicial review with prejudice.
(b) If an individual seeking judicial review is named as a respondent in a juvenile court case or a defendant in a criminal court case resulting from the same incident, the district court judge may stay the judicial review proceeding. (2005-399, s. 3; 2010-90, s. 8; 2013-129, s. 6; 2019-33, s. 5.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 4 - Venue; Petitions. › § 7B-400 - Venue.

§ 7B-400. Venue.
(a) A proceeding in which a juvenile is alleged to be abused, neglected, or dependent may be commenced in the judicial district in which the juvenile resides or is present at the time the petition is filed. If a regional social services department includes counties in more than one judicial district, the department shall file in the judicial district where the child resides or was present when the report required by G.S. 7B-301 was received. Notwithstanding G.S. 153A-257, the absence of a juvenile from the juvenile's home pursuant to a protection plan during an assessment or the provision of case management services by a department of social services shall not change the original venue if it subsequently becomes necessary to file a juvenile petition.
(b) When the director in one county conducts an assessment pursuant to G.S. 7B-302 in another county because a conflict of interest exists, the director in the county conducting the assessment may file a resulting petition in either county.
(c) For good cause, the court may grant motion for change of venue before adjudication. A pre-adjudication change of venue shall not affect the identity of the petitioner.
(d) Any change of venue after adjudication shall be pursuant to G.S. 7B-900.1. (1979, c. 815, s. 1; 1998-202, s. 6; 1999-456, s. 60; 2009-311, s. 2; 2013-129, s. 7; 2017-41, s. 4.4.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 4 - Venue; Petitions. › § 7B-401 - Pleading and process.

§ 7B-401. Pleading and process.
(a) The pleading in an abuse, neglect, or dependency action is the petition. The process in an abuse, neglect, or dependency action is the summons.
(b) If the court has retained jurisdiction over a juvenile whose custody was granted to a parent and there are no periodic judicial reviews of the placement, the provisions of Article 8 of this subchapter shall apply to any subsequent report of abuse, neglect, or dependency determined by the director of social services to require court action pursuant to G.S. 7B-302. (1979, c. 815, s. 1; 1998-202, s. 6; 1999-456, s. 60; 2013-129, s. 8.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 4 - Venue; Petitions. › § 7B-402 - Petition.

§ 7B-402. Petition.
(a) The petition shall contain the name, date of birth, address of the juvenile, the name and last known address of each party as determined by G.S. 7B-401.1, and allegations of facts sufficient to invoke jurisdiction over the juvenile. The petition may contain information on more than one juvenile when the juveniles are from the same home and are before the court for the same reason.
(b) The petition, or an affidavit attached to the petition, shall contain the information required by G.S. 50A-209.
(c) Sufficient copies of the petition shall be prepared so that copies will be available for each party named in the petition, except the juvenile, and for the juvenile's guardian ad litem, the social worker, and any person determined by the court to be a necessary party.
(d) If the petition is filed in a county other than the county of the juvenile's residence, the petitioner shall provide a copy of the petition and any notices of hearing to the director of the department of social services in the county of the juvenile's residence. (1979, c. 815, s. 1; 1981, c. 469, s. 9; 1998-202, s. 6; 1999-456, s. 60; 2004-128, s. 11; 2005-320, s. 3; 2009-311, s. 3; 2010-90, s. 9; 2013-129, s. 10.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 4 - Venue; Petitions. › § 7B-403 - Receipt of reports; filing of petition.

§ 7B-403. Receipt of reports; filing of petition.
(a) All reports concerning a juvenile alleged to be abused, neglected, or dependent shall be referred to the director of the department of social services for screening. Thereafter, if it is determined by the director that a report should be filed as a petition, the petition shall be drawn by the director, verified before an official authorized to administer oaths, and filed by the clerk, recording the date of filing.
(b) A decision of the director of social services not to file a report as a petition shall be reviewed by the prosecutor if review is requested pursuant to G.S. 7B-305. (1979, c. 815, s. 1; 1981, c. 469, ss. 10, 11; 1998-202, s. 6; 1999-456, s. 60.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 4 - Venue; Petitions. › § 7B-404 - Immediate need for petition when clerk's office is closed.

§ 7B-404. Immediate need for petition when clerk's office is closed.
(a) When the office of the clerk is closed, a magistrate shall accept for filing the following:
(1) A petition alleging a juvenile to be abused, neglected, or dependent.
(2) A petition alleging the obstruction of or interference with an assessment required by G.S. 7B-302.
(b) The authority of the magistrate under this section is limited to emergency situations when a petition must be filed to obtain a nonsecure custody order or an order under G.S. 7B-303. Any petition accepted for filing under this section 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; 1999-456, s. 60; 2005-55, s. 10; 2017-161, s. 2.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 4 - Venue; Petitions. › § 7B-405 - Commencement of action.

§ 7B-405. Commencement of action.
An action is commenced by the filing of a petition in the clerk's office when that office is open or by the acceptance of a juvenile petition by a magistrate when the clerk's office is closed, which shall constitute filing. (1979, c. 815, s. 1; 1998-202, s. 6; 1999-456, s. 60; 2017-161, s. 3.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 4 - Venue; Petitions. › § 7B-406 - Issuance of summons.

§ 7B-406. Issuance of summons.
(a) Immediately after a petition has been filed alleging that a juvenile is abused, neglected, or dependent, the clerk shall issue a summons to each party named in the petition, except the juvenile, requiring them to appear for a hearing at the time and place stated in the summons. A copy of the petition shall be attached to each summons. Service of the summons shall be completed as provided in G.S. 7B-407, but the parent of the juvenile shall not be deemed to be under a disability even though the parent is a minor.
(b) A summons shall be on a printed form supplied by the Administrative Office of the Courts and shall include each of the following:
(1) Notice of the nature of the proceeding.
(2) Notice of any right to counsel and information about how a parent may seek the appointment of counsel prior to a hearing if provisional counsel is not identified.
(2a) Repealed by Session Laws 2013-129, s. 11, effective October 1, 2013, and applicable to actions filed or pending on or after that date.
(3) Notice that, if the court determines at the hearing that the allegations of the petition are true, the court will conduct a dispositional hearing to consider the needs of the juvenile and enter an order designed to meet those needs and the objectives of the State.
(4) Notice that the dispositional order or a subsequent order:
a. May remove the juvenile from the custody of the parent, guardian, or custodian.
b. May require that the juvenile receive medical, psychiatric, psychological, or other treatment and that the parent participate in the treatment.
c. May require the parent to undergo psychiatric, psychological, or other treatment or counseling for the purpose of remedying the behaviors or conditions that are alleged in the petition or that contributed to the removal of the juvenile from the custody of that person.
d. May order the parent to pay for treatment that is ordered for the juvenile or the parent.
e. May, upon proper notice and hearing and a finding based on the criteria set out in G.S. 7B-1111, terminate the parental rights of the respondent parent.
(c) The summons shall advise the parent that upon service, jurisdiction over that person is obtained and that failure to comply with any order of the court pursuant to G.S. 7B-904 may cause the court to issue a show cause order for contempt.
(d) A summons shall be directed to the person summoned to appear and shall be delivered to any person authorized to serve process. (1979, c. 815, s. 1; 1987 (Reg. Sess., 1988), c. 1090, s. 2; 1995, c. 328, s. 1; 1998-202, s. 6; 1999-456, s. 60; 2000-183, s. 1; 2001-208, s. 1; 2001-487, s. 101; 2004-128, s. 12; 2010-90, s. 10; 2013-129, s. 11.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 4 - Venue; Petitions. › § 7B-407 - Service of summons.

§ 7B-407. Service of summons.
The summons shall be served under G.S. 1A-1, Rule 4, upon the parent, guardian, custodian, or caretaker, 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.
If service by publication under G.S. 1A-1, Rule 4(j1), or service in a foreign country under Rule 4(j3), is required, 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. (1979, c. 815, s. 1; 1998-202, s. 6; 1999-456, s. 60; 2003-304, s. 1; 2013-129, s. 12; 2017-161, s. 4.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 4 - Venue; Petitions. › § 7B-408 - Copy of petition and notices to guardian ad litem.

§ 7B-408. Copy of petition and notices to guardian ad litem.
Immediately after a petition has been filed alleging that a juvenile is abused or neglected, the clerk shall provide a copy of the petition and any notices of hearings to the local guardian ad litem office. (2003-140, s. 6)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 5 - Temporary Custody; Nonsecure Custody; Custody Hearings. › § 7B-500 - Taking a juvenile into temporary custody; civil and criminal immunity.

§ 7B-500. Taking a juvenile into temporary custody; civil and criminal immunity.
(a) Temporary custody means the taking of physical custody and providing personal care and supervision until a court order for nonsecure custody can be obtained. A juvenile may be taken into temporary custody without a court order by a law enforcement officer or a department of social services worker if there are reasonable grounds to believe that the juvenile is abused, neglected, or dependent and that the juvenile would be injured or could not be taken into custody if it were first necessary to obtain a court order. If a department of social services worker takes a juvenile into temporary custody under this section, the worker may arrange for the placement, care, supervision, and transportation of the juvenile.
(b) The process for taking into temporary custody a safely surrendered infant is as provided under Article 5A of this Subchapter.
(c) Repealed by Session Laws 2023-14, s. 6.2(d), effective October 1, 2023, and applicable to infants safely surrendered on or after that date.
(d) Repealed by Session Laws 2023-14, s. 6.2(d), effective October 1, 2023, and applicable to infants safely surrendered on or after that date.
(e) Repealed by Session Laws 2023-14, s. 6.2(d), effective October 1, 2023, and applicable to infants safely surrendered on or after that date. (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; 1999-456, s. 60; 2001-291, s. 2; 2021-182, s. 3(a); 2023-14, s. 6.2(d).)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 5 - Temporary Custody; Nonsecure Custody; Custody Hearings. › § 7B-501 - Duties of person taking juvenile into temporary custody.

§ 7B-501. Duties of person taking juvenile into temporary custody.
(a) A person who takes a juvenile into custody without a court order under G.S. 7B-500 shall proceed as follows, except that the person shall proceed in accordance with G.S. 7B-522 for a safely surrendered infant:
(1) Notify the juvenile's parent, guardian, custodian, or caretaker that the juvenile has been taken into temporary custody and advise the parent, guardian, custodian, or caretaker of the right to be present with the juvenile until a determination is made as to the need for nonsecure custody. Failure to notify the parent 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, custodian, or caretaker if the person having the juvenile in temporary custody decides that continued custody is unnecessary.
(3) The person having temporary custody shall communicate with the director of the department of social services who shall consider prehearing diversion. If the decision is made to file a petition, the director shall contact the judge or person delegated authority pursuant to G.S. 7B-502 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:
(1) A petition or motion for review has been filed by the director of the department of social services, and
(2) An order for nonsecure custody has been entered by the court. (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; 1999-456, s. 60; 2023-14, s. 6.2(e).)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 5 - Temporary Custody; Nonsecure Custody; Custody Hearings. › § 7B-502 - Authority to issue custody orders; delegation.

§ 7B-502. Authority to issue custody orders; delegation.
(a) In the case of any juvenile alleged to be within the jurisdiction of the court, the court may order that the juvenile be placed in nonsecure custody pursuant to criteria set out in G.S. 7B-503 when custody of the juvenile is necessary. The order for nonsecure custody may be entered ex parte. Unless the petition is being filed pursuant to G.S. 7B-404, telephonic communication that the department will be seeking nonsecure custody shall be given to counsel, or if unavailable, to a partner or employee at the attorney's office when any of the following occur:
(1) The department has received written notification that a respondent has counsel for the juvenile matter.
(2) The respondent is represented by counsel in a juvenile proceeding within the same county involving another juvenile of the respondent.
Notice is not required to provisional counsel appointed pursuant to G.S. 7B-602.
(b) Any district court judge shall have the authority to issue nonsecure custody orders pursuant to G.S. 7B-503. The chief district court judge may delegate the court's authority to persons other than district court judges by administrative order which shall be filed in the office of the clerk of superior court. The administrative order shall specify which persons shall be contacted for approval of a nonsecure custody order pursuant to G.S. 7B-503. (1979, c. 815, s. 1; 1981, c. 425; 1983, c. 590, s. 1; 1998-202, s. 6; 1999-456, s. 60; 2015-136, s. 3.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 5 - Temporary Custody; Nonsecure Custody; Custody Hearings. › § 7B-503 - Criteria for nonsecure custody.

§ 7B-503. Criteria for nonsecure custody.
(a) When a request is made for nonsecure custody, the court shall first consider release of the juvenile to the juvenile's parent, relative, guardian, custodian, or other responsible adult. An order for nonsecure custody shall be made only when there is a reasonable factual basis to believe the matters alleged in the petition are true, and any of the following apply:
(1) The juvenile has been abandoned.
(2) The juvenile has suffered physical injury, sexual abuse, or serious emotional damage as defined by G.S. 7B-101(1)e.
(3) The juvenile is exposed to a substantial risk of physical injury or sexual abuse because the parent, guardian, custodian, or caretaker has created the conditions likely to cause injury or abuse or has failed to provide, or is unable to provide, adequate supervision or protection.
(4) The juvenile is in need of medical treatment to cure, alleviate, or prevent suffering serious physical harm which may result in death, disfigurement, or substantial impairment of bodily functions, and the juvenile's parent, guardian, custodian, or caretaker is unwilling or unable to provide or consent to the medical treatment.
(5) The parent, guardian, custodian, or caretaker consents to the nonsecure custody order.
(6) The juvenile is a runaway and consents to nonsecure custody.
A juvenile alleged to be abused, neglected, or dependent shall be placed in nonsecure custody only when there is a reasonable factual basis to believe that there are no other reasonable means available to protect the juvenile. In no case shall a juvenile alleged to be abused, neglected, or dependent be placed in secure custody.
(b) Whenever a petition is filed under G.S. 7B-302(d1), the court shall rule on the petition prior to returning the child to a home where the alleged abuser or abusers are or have been present. If the court finds that the alleged abuser or abusers have a history of violent behavior against people, the court shall order the alleged abuser or abusers to submit to a complete mental health evaluation by a licensed psychologist or psychiatrist. The court may order the alleged abuser or abusers to pay the cost of any mental health evaluation required under this section. (1979, c. 815, s. 1; 1981, c. 426, ss. 1-4; c. 526; 1983, c. 590, ss. 2-6; 1987, c. 101; 1987 (Reg. Sess., 1988), c. 1090, s. 3; 1989, c. 550; 1998-202, s. 6; 1999-318, s. 4; 1999-456, s. 60; 2011-295, s. 2; 2019-33, s. 6.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 5 - Temporary Custody; Nonsecure Custody; Custody Hearings. › § 7B-504 - Order for nonsecure custody.

§ 7B-504. Order for nonsecure custody.
The custody order shall be in writing and shall direct a law enforcement officer or other authorized person to take physical custody of the juvenile and to make due return on the order. A copy of the order shall be given to the juvenile's parent, guardian, custodian, or caretaker by the official executing the order.
An officer receiving an order for custody which is complete and regular on its face may execute it in accordance with its terms. If the court finds on the basis of the petition and request for nonsecure custody or the testimony of the petitioner that a less intrusive remedy is not available, the court may authorize a law enforcement officer to enter private property to take physical custody of the juvenile. If required by exigent circumstances of the case, the court may authorize a law enforcement officer to make a forcible entry at any hour. The officer is not required to inquire into the regularity or continued validity of the order and shall not incur criminal or civil liability for its due service. (1979, c. 815, s. 1; 1989, c. 124; 1998-202, s. 6; 1999-456, s. 60; 2015-43, s. 1.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 5 - Temporary Custody; Nonsecure Custody; Custody Hearings. › § 7B-507 - Juvenile placed in nonsecure custody of a department of social services.

§ 7B-507. Juvenile placed in nonsecure custody of a department of social services.
(a) An order placing or continuing the placement of a juvenile in the nonsecure custody of a county department of social services:
(1) Shall contain a finding that the juvenile's continuation in or return to the juvenile's own home would be contrary to the juvenile's health and safety.
(2) Shall contain specific findings as to whether a county department of social services has made reasonable efforts to prevent the need for placement of the juvenile. In determining whether efforts to prevent the placement of the juvenile were reasonable, the juvenile's health and safety shall be the paramount concern. The court may find that efforts to prevent the need for the juvenile's placement were precluded by an immediate threat of harm to the juvenile. A finding that reasonable efforts were not made by a county department of social services shall not preclude the entry of an order authorizing the juvenile's placement when the court finds that placement is necessary for the protection of the juvenile.
(3) Repealed by Session Laws 2015-136, s. 7, effective October 1, 2015, and applicable to actions filed or pending on or after that date.
(4) Shall specify that the juvenile's placement and care are the responsibility of the county department of social services and that the department is to provide or arrange for the foster care or other placement of the juvenile, unless after considering the department's recommendations, the court orders a specific placement the court finds to be in the juvenile's best interests.
(5) May order services or other efforts aimed at returning the juvenile to a safe home.
(b) through (d) Repealed by Session Laws 2015-136, s. 7, effective October 1, 2015, and applicable to actions filed or pending on or after that date. (1998-229, ss. 4.1, 21.1; 1999-456, s. 60; 2001-487, s. 2; 2005-398, s. 1; 2011-295, s. 3; 2013-129, s. 15; 2013-378, s. 1; 2015-136, s. 7.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 5 - Temporary Custody; Nonsecure Custody; Custody Hearings. › § 7B-508 - Telephonic communication authorized.

§ 7B-508. Telephonic communication authorized.
All communications, notices, orders, authorizations, and requests authorized or required by G.S. 7B-501, 7B-503, and 7B-504 may be made by telephone when other means 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; 1981, c. 469, s. 13; 1987 (Reg. Sess., 1988), c. 1090, s. 4; 1994, Ex. Sess., c. 27, s. 1; 1997-390, ss. 5, 6; 1998-202, s. 6; 1998-229, s. 4; 1999-456, s. 60.)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 5A - Safe Surrender of Infants. › § 7B-520 - Purpose; limitations.

§ 7B-520. Purpose; limitations.
(a) Purpose. – The purpose of this Article is to protect newborn infants by providing a safe alternative for a parent who, in a crisis or in desperation, may physically abandon or harm his or her newborn and to provide information for the parent regarding the parent's rights and alternatives.
(b) Limitations. – The provisions of this Article apply exclusively to safely surrendered infants as defined in G.S. 7B-101(19a). No person or agency shall act under the provisions of this Article if it is determined that any of the following are true:
(1) A surrendered infant is reasonably believed to be more than 30 days old.
(2) The infant shows signs of abuse or neglect.
(3) There is reason to believe the individual surrendering the infant was not the infant's parent.
(4) At the time the infant was surrendered, there was reason to believe the parent intended to return for the infant. (2023-14, s. 6.2(a).)
2023 North Carolina General Statutes › Chapter 7B - Juvenile Code › Article 5A - Safe Surrender of Infants. › § 7B-521 - Persons to whom infant may be surrendered.

§ 7B-521. Persons to whom infant may be surrendered.
The following individuals shall, without a court order, take into temporary custody an infant reasonably believed to be not more than 30 days of age that is voluntarily delivered to the individual by the infant's parent who does not express an intent to return for the infant:
(1) A health care provider, as defined under G.S. 90-21.11, who is on duty or at a hospital or at a local or district health department or at a nonprofit community health center.
(2) A first responder, including a law enforcement officer, a certified emergency medical services worker, or a firefighter.
(3) A social services worker who is on duty or at a local department of social services. (2023-14, s. 6.2(a).)