2005 North Carolina Code - General Statutes Article 15 - Purposes; Definitions.

SUBCHAPTER II. UNDISCIPLINED AND DELINQUENT JUVENILES.

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.

(2)       To deter delinquency and crime, including patterns of repeat offending:

a.         By providing swift, effective dispositions that emphasize the juvenile offender's accountability for the juvenile's actions; and

b.         By providing appropriate rehabilitative services to juveniles and their families.

(3)       To provide an effective system of intake services for the screening and evaluation of complaints and, in appropriate cases, where court intervention is not necessary to ensure public safety, to refer juveniles to community‑based resources.

(4)       To provide uniform procedures that assure fairness and equity; that protect the constitutional rights of juveniles, parents, and victims; and that encourage the court and others involved with juvenile offenders to proceed with all possible speed in making and implementing determinations required by this Subchapter. (1979, c. 815, s. 1; 1987 (Reg. Sess., 1988), c. 1090, s. 1; 1998‑202, s. 6.)

 

§ 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)       Chief court counselor. – The person responsible for administration and supervision of juvenile intake, probation, and post‑release supervision in each judicial district, operating under the supervision of the Department of Juvenile Justice and Delinquency Prevention.

(2)       Clerk. – Any clerk of superior court, acting clerk, or assistant or deputy clerk.

(3)       Community‑based program. – A program providing nonresidential or residential treatment to a juvenile under the jurisdiction of the juvenile court in the community where the juvenile's family lives. A community‑based program may include specialized foster care, family counseling, shelter care, and other appropriate treatment.

(4)       Court. – The district court division of the General Court of Justice.

(5)       Repealed by Session Laws 2001‑490, s. 2.1.

(6)       Custodian. – The person or agency that has been awarded legal custody of a juvenile by a court.

(7)       Delinquent juvenile. – Any juvenile who, while less than 16 years of age but at least 6 years of age, commits a crime or infraction under State law or under an ordinance of local government, including violation of the motor vehicle laws.

(7a)     Department. – The Department of Juvenile Justice and Delinquency Prevention created under Article 12 of Chapter 143B of the General Statutes.

(8)       Detention. – The secure confinement of a juvenile under a court order.

(9)       Detention facility. – A facility approved to provide secure confinement and care for juveniles. Detention facilities include both State and locally administered detention homes, centers, and facilities.

(10)     District. – Any district court district as established by G.S. 7A‑133.

(11)     Holdover facility. – A place in a jail which has been approved by the Department of Health and Human Services as meeting the State standards for detention as required in G.S. 153A‑221 providing close supervision where the juvenile cannot converse with, see, or be seen by the adult population.

(12)     House arrest. – A requirement that the juvenile remain at the juvenile's residence unless the court or the juvenile court counselor authorizes the juvenile to leave for specific purposes.

(13)     Intake. – The process of screening and evaluating a complaint alleging that a juvenile is delinquent or undisciplined to determine whether the complaint should be filed as a petition.

(14)     Interstate Compact on Juveniles. – An agreement ratified by 50 states and the District of Columbia providing a formal means of returning a juvenile, who is an absconder, escapee, or runaway, to the juvenile's home state, and codified in Article 28 of this Chapter.

(15)     Judge. – Any district court judge.

(16)     Judicial district. – Any district court district as established by G.S. 7A‑133.

(17)     Juvenile. – Except as provided in subdivisions (7) and (27) of this section, any person who has not reached the person's eighteenth birthday and is not married, emancipated, or a member of the armed forces of the United States. Wherever the term "juvenile" is used with reference to rights and privileges, that term encompasses the attorney for the juvenile as well.

(18)     Juvenile court. – Any district court exercising jurisdiction under this Chapter.

(18a)   Juvenile court counselor. – A person responsible for intake services and court supervision services to juveniles under the supervision of the chief court counselor.

(19)     Repealed by Session Laws 2000, c. 137, s. 2.

(20)     Petitioner. – The individual who initiates court action by the filing of a petition or a motion for review alleging the matter for adjudication.

(21)     Post‑release supervision. – The supervision of a juvenile who has been returned to the community after having been committed to the Department for placement in a youth development center.

(22)     Probation. – The status of a juvenile who has been adjudicated delinquent, is subject to specified conditions under the supervision of a juvenile court counselor, and may be returned to the court for violation of those conditions during the period of probation.

(23)     Prosecutor. – The district attorney or assistant district attorney assigned by the district attorney to juvenile proceedings.

(24)     Protective supervision. – The status of a juvenile who has been adjudicated undisciplined and is under the supervision of a juvenile court counselor.

(25)     Teen court program. – A community resource for the diversion of cases in which a juvenile has allegedly committed certain offenses for hearing by a jury of the juvenile's peers, which may assign the juvenile to counseling, restitution, curfews, community service, or other rehabilitative measures.

(26)     Repealed by Session Laws 2001‑95, s. 1.

(27)     Undisciplined juvenile. –

a.         A juvenile who, while less than 16 years of age but at least 6 years of age, is unlawfully absent from school; or is regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian; or is regularly found in places where it is unlawful for a juvenile to be; or has run away from home for a period of more than 24 hours; or

b.         A juvenile who is 16 or 17 years of age and who is regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian; or is regularly found in places where it is unlawful for a juvenile to be; or has run away from home for a period of more than 24 hours.

(28)     Wilderness program. – A rehabilitative residential treatment program in a rural or outdoor setting.

(29)     Youth development center. – A secure residential facility authorized to provide long‑term treatment, education, and rehabilitative services for delinquent juveniles committed by the court to the Department. (1979, c. 815, s. 1; 1981, c. 336; c. 359, s. 2; c. 469, ss. 1‑3; c. 716, s. 1; 1985, c. 648; c. 757, s. 156(q); 1985 (Reg. Sess., 1986), c. 852, s. 16; 1987, c. 162; c. 695; 1987 (Reg. Sess., 1988), c. 1037, ss. 36, 37; 1989 (Reg. Sess., 1990), c. 815, s. 1; 1991, c. 258, s. 3; c. 273, s. 11; 1991 (Reg. Sess., 1992), c. 1030, s. 3; 1993, c. 324, s. 1; c. 516, ss. 1‑3; 1997‑113, s. 1; 1997‑390, ss. 3, 3.2; 1997‑443, s. 11A.118(a); 1997‑506, s. 30; 1998‑202, s. 6; 1998‑229, s. 1; 2000‑137, s. 2; 2001‑95, ss. 1, 2, 5; 2001‑487, s. 3; 2001‑490, s. 2.1.)