2012 North Carolina General Statutes
Chapter 7B - Juvenile Code.
Article 3A - Judicial Review; Responsible Individuals List.
Section 7B-324 - Persons ineligible to petition for judicial review; stay of judicial review proceeding pending juvenile court case.
7B-324. Persons ineligible to petition for judicial review; stay of judicial review proceeding pending juvenile court case.
(a) An individual who has been identified by a director as a responsible individual may not petition for judicial review if any of the following apply:
(1) The individual is criminally convicted as a result of the same incident. The district attorney shall inform the director of the result of the criminal proceeding.
(2) The individual is a respondent in a juvenile court proceeding regarding abuse or neglect resulting from the same incident that concludes with an adjudication of abuse or neglect and a determination that the individual has abused or seriously neglected the juvenile and is a responsible individual.
(3) Repealed by Session Laws 2010-90, s. 8, effective July 11, 2010.
(4) After proper notice, the individual fails to file a petition for judicial review with the district court in a timely manner.
(5) Repealed by Session Laws 2010-90, s. 8, effective July 11, 2010.
(b) If an individual seeking judicial review is named as a respondent in a juvenile court case resulting from the same incident, the district court judge may stay the judicial review proceeding or consolidate the proceeding with the juvenile court case. If the juvenile court case is involuntarily dismissed, or concludes without an adjudication of abuse or neglect and a determination that the individual has abused or seriously neglected a juvenile and is a responsible individual, the director shall not place the individual's name on the responsible individuals list. If a juvenile court case concludes with an adjudication of abuse or neglect and a determination that the individual has abused or seriously neglected a juvenile and is a responsible individual, the director shall place that individual's name on the responsible individuals list, consistent with the court's order. (2005-399, s. 3; 2010-90, s. 8.)
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