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- § 7B-304 Repealed by Session Laws 2003, c. 140, s. 1, effective June 4, 2003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