Chapter 7B

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 in G.S. 7B-2508: (1) In the case of any juvenile under the age of 18 years who needs more adequate car…

(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 prior adjudications or convictions and to the juvenile's probation status, if any, that the court finds to have been prov…

(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 Class F through I felony offense or a Class A1 misdemeanor; (3) Minor - Adjudication of a Class 1, 2, or 3 m…

The following definitions apply in this Article: (1) Criminal gang. - Any ongoing organization, association, or group of three or more persons, whether formal or informal, that (i) has as one of its primary activities the commission of criminal or delinquent acts and (ii) shares …

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 committing a violation of G.S. 14-27.6 (attempted rape or sexual offense), G.S. 14-27.21 (first-degree forcible rape), G.S. 14-27.22 (second-degree forcible…

(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 the juvenile where the juvenile resides. The court may impose conditions of probation that are related to the needs of the juvenile …

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 need for supervision. Except for cases that involve a victim as defined in Article 20A of this Chapter, the finding and order terminating probat…

(a) 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 orally and in the written order of disposition, the precise terms of the disposition including the kind, duration,…

(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 Division for placement in a youth development center. Commitment shall be for an indefinite term of at least six months. (a1) For an offense the juveni…

(a) The Division shall be responsible for evaluation of the progress of each juvenile at least once every six months as long as the juvenile remains in the care of the Division. Any determination that the juvenile should remain in the care of the Division for an additional period…

(a) In determining whether a juvenile who was committed to the Division for an offense that was committed prior to the juvenile reaching the age of 16 years should be released before the juvenile's 18th birthday, the Division shall consider the protection of the public and the li…

(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, the court may hold a hearing to review the progress of any juvenile on post-release supervision at any time during the perio…

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 of the residential facilities operated by the Division in appropriate circumstances, provided the Governor shall consult with the Division concerning the fe…

(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 court is in the best interests of the juvenile, and the court may modify or vacate the order in light of changes in circumstances or the needs …

If the Division finds that any juvenile committed to the Division's care is not suitable for its program, the Division may make a motion in the cause so that the court may make an alternative disposition that is consistent with G.S. 7B-2508. (1979, c. 815, s. 1; 1998-202, s. 6; 2…

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 Article shall be before the Court of Appeals. Notice of appeal shall be given in open court at the time of the hearing or in writing within 10 days aft…

(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 superior court, except for an order that transfers a Class A felony pursuant to G.S. 7B-2200(b) or a Class F or G felony p…

(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 limited to the following orders in delinquency or undisciplined cases: (1) An order finding a State statute to be unconstitutional; and (2)…

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 compelling reasons which must be stated in writing, the court may enter a temporary order affecting the custody or placemen…

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 event of an appeal, the court shall have authority to modify or alter the original order of adjudication or disposition as the court finds to be in…

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 custodian receives notice. The court may excuse the appearance of either or both parents or the guardian or custodian at a par…

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 those classes are available in the judicial district in which the parent, guardian, or custodian resides. (1998-2…

(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 other responsible parties to pay the cost of the treatment or care ordered. (b) At the dispositional hearing or a su…

(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 juvenile to keep an appointment with a juvenile court counselor or to comply with other orders of the court. (b) The court may order a parent, g…

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 parent to: (1) Pay a reasonable sum that will cover in whole or in part the support of the juvenile. If the court requires the payment of child suppo…

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 this Article. The Commissioner of Labor shall enforce the provisions of this section according to Article 21 of Chapter 95 of…

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, or custodian to appear and show cause why the parent, guardian, or custodian should not be found or held in civil or criminal con…

The parent, guardian, or custodian of a juvenile being provided services through a juvenile consultation shall attend all scheduled meetings with the juvenile court counselor provided sufficient notice of the meeting was given to the parent, guardian, or custodian. (2021-123, s. …

The juvenile court counselor may direct the parent, guardian, or custodian of a juvenile who is being provided services through a juvenile consultation to attend parental responsibility classes if those classes are available in the district in which the parent, guardian, or custo…

(a) The juvenile court counselor shall work with the parent, guardian, or custodian of the juvenile receiving juvenile consultation services to obtain for the juvenile any medical, surgical, psychiatric, psychological, or other evaluation or treatment as needed or recommended as …

(a) In cases in which the juvenile court counselor is providing juvenile consultation services, the juvenile court counselor may transport the parent, guardian, or custodian of a juvenile receiving juvenile consultation services and the juvenile receiving juvenile consultation se…

The definitions of G.S. 7B-101 and G.S. 7B-1501 apply to this Subchapter. (1998-202, s. 6.)

(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 be withheld from public inspection and, except as provided in this subsection, may be examined only by order of the court. Th…

(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 information. - A written summary, as allowed by subsections (c) through (f) of this section, of actions taken or servic…

The director of the department of social services in each county of the State shall establish protective services for juveniles alleged to be abused, neglected, or dependent. Protective services shall include the screening of reports, the performance of an assessment using either…

(a) 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 record shall include the summons and petition, any secure or nonsecure custody order, any electronic or mechanical recording of hearings, and a…

(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 juvenile court counselor's record. The juvenile court counselor's record shall include the juvenile's delinquency record; consultatio…

(a) Any person or institution who has cause to suspect that any juvenile is abused, neglected, or dependent, as defined by G.S. 7B-101, or has died as the result of maltreatment, shall report the case of that juvenile to the director of the department of social services in the co…

(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 assessment, using either a family assessment response or an investigative assessment response, in order to ascertain the facts of the…

(a) A conflict of interest shall exist when the reported abuse, neglect, or dependency involves any of the following: (1) An employee of the county department of social services. (2) A relative of an employee of the child welfare division of the county department of social servic…

(a) (Effective until April 1, 2026 - see note) 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 and requesting an order directing the respondent to cease the obstruction or interfer…

The person making the report shall have five working days, from receipt of the decision of the director of the department of social services not to petition the court, to notify the prosecutor or constituent concern line at the Division that the person is requesting a review. The…

(a) The prosecutor or Division, respectively, receiving the request for review shall conduct the review. Within two business days of receiving a request for review, the reviewing entity shall notify the other entity that a request for review has been made. The other entity may al…

Duty of director to report evidence of abuse, neglect; investigation by local law enforcement; notification to appropriate military authority; notification of Department of Health and Human Services. (a) If the director finds evidence that a juvenile may have been abused as defin…

(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 treatment shall have the right, when authorized by the chief district court judge of the district or the judge's designee, …

Anyone who makes a report pursuant to this Article; cooperates with the county department of social services in a protective services assessment; testifies in any judicial proceeding resulting from a protective services report or assessment; provides information or assistance, in…

No privilege shall be grounds for any person or institution failing to report that a juvenile may have been abused, neglected, or dependent, even if the knowledge or suspicion is acquired in an official professional capacity, except when the knowledge or suspicion is gained by an…

(a) The Division of Juvenile Justice of the Department of Public Safety, after consultation with the Conference of Chief District Court Judges, shall adopt rules designating certain local agencies that are authorized to share information concerning juveniles in accordance with th…

(a) Notwithstanding G.S. 7B-3000, the juvenile court counselor shall deliver verbal and written notification of any of the following actions to the principal of the school that the juvenile attends: (1) A petition is filed under G.S. 7B-1802 that alleges delinquency for an offens…

(a) Notwithstanding G.S. 7B-2102(d) or any other law to the contrary, within 24 hours of the time a juvenile escapes from custody the Division shall release to the public the juvenile's first name, last initial, and photograph; the name and location of the institution from which …