2005 North Carolina Code - General Statutes Article 4 - Venue; Petitions.

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 or is present. When a proceeding is commenced in a district other than that of the juvenile's residence, the court, on its own motion or upon motion of any party, may transfer the proceeding to the court in the district where the juvenile resides. A transfer under this section may be made at any time. (1979, c. 815, s. 1; 1998‑202, s. 6; 1999‑456, s. 60.)

 

§ 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, c. 815, s. 1; 1998‑202, s. 6; 1999‑456, s. 60.)

 

§ 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, or custodian, and allegations of facts sufficient to invoke jurisdiction over the juvenile. A person whose actions resulted in a conviction under G.S. 14‑27.2 or G.S. 14‑27.3 and the conception of the juvenile need not be named in the petition. The petition may contain information on more than one juvenile when the juveniles are from the same home and are before the court for the same reason.

(b)������ The petition, or an affidavit attached to the petition, shall contain the information required by G.S. 50A‑209.

(c)������ Sufficient copies of the petition shall be prepared so that copies will be available for each parent if living separate and apart, the guardian, custodian, or caretaker, the guardian ad litem, the social worker, and any person determined by the court to be a necessary party. (1979, c. 815, s. 1; 1981, c. 469, s. 9; 1998‑202, s. 6; 1999‑456, s. 60; 2004‑128, s. 11; 2005‑320, s. 3.)

 

§ 7B‑403.� Receipt of reports; filing of petition.

(a)������ All reports concerning a juvenile alleged to be abused, neglected, or dependent shall be referred to the director of the department of social services for screening. Thereafter, if it is determined by the director that a report should be filed as a petition, the petition shall be drawn by the director, verified before an official authorized to administer oaths, and filed by the clerk, recording the date of filing.

(b)������ A decision of the director of social services not to file a report as a petition shall be reviewed by the prosecutor if review is requested pursuant to G.S. 7B‑305. (1979, c. 815, s. 1; 1981, c. 469, ss. 10, 11; 1998‑202, s. 6; 1999‑456, s. 60.)

 

§ 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 petitions as follows:

(1)������ When the director of the department of social services requests a petition alleging a juvenile to be abused, neglected, or dependent, or

(2)������ When the director of the department of social services requests a petition alleging the obstruction of or interference with an assessment required by G.S. 7B‑302.

(b)������ The authority of the magistrate under this section is limited to emergency situations when a petition is required in order to obtain a nonsecure custody order or an order under G.S. 7B‑303. Any petition issued under this section shall be delivered to the clerk's office for processing as soon as that office is open for business. (1979, c. 815, s. 1; 1987, c. 409, s. 3; 1998‑202, s. 6; 1999‑456, s. 60; 2005‑55, s. 10.)

 

§ 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 juvenile petition by a magistrate when the clerk's office is closed, which issuance shall constitute filing. (1979, c. 815, s. 1; 1998‑202, s. 6; 1999‑456, s. 60.)

 

§ 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 parent, guardian, custodian, or caretaker requiring them to appear for a hearing at the time and place stated in the summons. No summons is required for any person whose actions resulted in a conviction under G.S. 14‑27.2 or G.S. 14‑27.3 and the conception of the juvenile. A copy of the petition shall be attached to each summons. Service of the summons shall be completed as provided in G.S. 7B‑407, but the parent of the juvenile shall not be deemed to be under a disability even though the parent is a minor.

(b)������ A summons shall be on a printed form supplied by the Administrative Office of the Courts and shall include:

(1)������ Notice of the nature of the proceeding;

(2)������ Notice of any right to counsel and information about how to seek the appointment of counsel prior to a hearing;

(3)������ Notice that, if the court determines at the hearing that the allegations of the petition are true, the court will conduct a dispositional hearing to consider the needs of the juvenile and enter an order designed to meet those needs and the objectives of the State; and

(4)������ Notice that the dispositional order or a subsequent order:

a.�������� May remove the juvenile from the custody of the parent, guardian, or custodian.

b.�������� May require that the juvenile receive medical, psychiatric, psychological, or other treatment and that the parent participate in the treatment.

c.�������� May require the parent to undergo psychiatric, psychological, or other treatment or counseling for the purpose of remedying the behaviors or conditions that are alleged in the petition or that contributed to the removal of the juvenile from the custody of that person.

d.�������� May order the parent to pay for treatment that is ordered for the juvenile or the parent.

e.�������� May, upon proper notice and hearing and a finding based on the criteria set out in G.S. 7B‑1111, terminate the parental rights of the respondent parent.

(c)������ The summons shall advise the parent that upon service, jurisdiction over that person is obtained and that failure to comply with any order of the court pursuant to G.S. 7B‑904 may cause the court to issue a show cause order for contempt.

(d)������ A summons shall be directed to the person summoned to appear and shall be delivered to any person authorized to serve process. (1979, c. 815, s. 1; 1987 (Reg. Sess., 1988), c. 1090, s. 2; 1995, c. 328, s. 1; 1998‑202, s. 6; 1999‑456, s. 60; 2000‑183, s. 1; 2001‑208, s. 1; 2001‑487, s. 101; 2004‑128, s. 12.)

 

§ 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 date of the scheduled hearing. The time for service may be waived in the discretion of the court.

If the parent, guardian, custodian, or caretaker entitled to receive a summons cannot be found by a diligent effort, the court may authorize service of the summons and petition by publication under G.S. 1A‑1, Rule 4(j1). The cost of the service by publication shall be advanced by the petitioner and may be charged as court costs as the court may direct.

If the parent, guardian, custodian, or caretaker is served as herein provided and fails without reasonable cause to appear and to bring the juvenile before the court, the parent, guardian, custodian, or caretaker may be proceeded against as for contempt of court. (1979, c. 815, s. 1; 1998‑202, s. 6; 1999‑456, s. 60; 2003‑304, s. 1.)

 

§ 7B‑408.� Copy of petition and notices to guardian ad litem.

Immediately after a petition has been filed alleging that a juvenile is abused or neglected, the clerk shall provide a copy of the petition and any notices of hearings to the local guardian ad litem office. (2003‑140, s. 6)

 

§§ 7B‑409 through 7B‑413: Reserved for future codification purposes.