North Carolina Statutes

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.

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.

Article 28 - Interstate Compact on Juveniles.

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.