GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

H	1 

HOUSE BILL 192

Short Title:  Juv. Placement Change.	(Public)
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Sponsors: Representatives Colton; Alexander, Crawford, D. Brown, and Easterling.
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Referred to:  Judiciary III.
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February 14, 1994

A BILL TO BE ENTITLED
AN ACT RECOMMENDED BY THE JUSTICE FOR CHILDREN TASK FORCE TO REMOVE TRAINING SCHOOL COMMITMENT AS A DISPOSITION FOR JUVENILE OFFENDERS AND SUBSTITUTE A COMMITMENT FOR A CONTINUUM OF SERVICES PROVIDED BY THE DIVISION OF YOUTH SERVICES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 7A-289.13 reads as rewritten:
"§ 7A-289.13. Legislative intent.
The General Assembly hereby declares its intent to reduce the number of children committed by the courts for delinquency to institutions operated by the Division of Youth Development, Department of Human Resources or other State agencies. The primary intent of this Article is to provide a comprehensive plan for the development of community-based alternatives to commitment pursuant to G.S. 7A-652 so that 'status offenders' (defined by this Article to include 'those juveniles guilty of offenses which would not be violations of the law if committed by an adult') may be eliminated from the youth development institutions of this State. Additionally it is the intent of this legislation to provide noninstitutional disposition options in any case before the juvenile court where this disposition is deemed to be in the best interest of the child and the community.
The policy and intent of the General Assembly in delinquency prevention and community-based services can be summarized as follows:
(1)	These programs should be planned and organized at the community  level within the State, and these planning efforts should include appropriate representation from local government, local agencies serving families and children (both public and private), local business leaders, citizens with an interest in youth problems, youth representatives, and others as may be appropriate in a particular community. The role of the State should be to provide technical assistance, access to funding, program information, and to assist local leadership in appropriate planning.
(2)	 When a child is adjudicated to be within the juvenile jurisdiction of the district court this child should be carefully evaluated through the available community-level resources (including mental health, social services, public health and other available medical services, public schools, and others as appropriate) prior to the juvenile hearing dealing with disposition so that the disposition of the court may be made with an understanding of the needs of the child and after consideration of the resources available to meet these needs.
(3)	It is contrary to the policy of the State for a court to separate a child from the child's  own family or commit a child pursuant to G.S. 7A-652 without a careful evaluation of the needs of the child.
(4)	The General Assembly finds that State and local government should be responsive to the need for community-based services that would provide a viable alternative to commitment pursuant to G.S. 7A-652. The General Assembly intends that State government should be responsive to this need through the Department of Human Resources by helping public and private local groups to plan, develop and fund community-based programs, both residential and nonresidential.  It is recognized that such efforts will require the cooperation of several major State departments in addition to Human Resources, such as Public Instruction, Administrative Office of the Courts, and the Governor's Crime Commission.
(5)	It is the intent of the General Assembly that the Secretary of the Department of Human Resources develop a funding mechanism that will provide State support for programs that meet the standards as developed under the provisions of this Article."
Sec. 2.  G.S. 7A-289.16 reads as rewritten:
"§ 7A-289.16. County assessment of youth needs.
The board of county commissioners of each participating county shall conduct or arrange for a study of youth needs in the county, giving particular attention to the need for delinquency prevention programs and community-based services (residential or nonresidential) that would provide an alternative to commitment pursuant to G.S. 7A-652. The board of county commissioners may delegate the responsibility to any appropriate board or department of county government, or it may contract with an appropriate private agency or group for the study. Adjoining counties may cooperate in conducting this study on a regional basis, utilizing appropriate public or private resources.
The board of county commissioners of any county may request technical assistance from the Secretary of Human Resources in conducting such study. Each participating county shall develop a study plan for submission to the Secretary of Human Resources by January 1, 1976. Each participating county shall file a report of preliminary findings from such study to the Secretary of Human Resources by January 1, 1977, and its full report by January 1, 1978. Each participating county shall plan for a continuing assessment of youth needs in the county or region with annual reports to the Secretary of  Human Resources."
Sec. 3.  G.S. 7A-571 reads as rewritten:
"§ 7A-571. 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 obtained. A juvenile may be taken into temporary custody under the following circumstances:
(1)	A juvenile may be taken into temporary custody by a law-enforcement officer without a court order if grounds exist for the arrest of an adult in identical circumstances under G.S. 15A-401(b).
(2)	A juvenile may be taken into temporary custody without a court order by a law-enforcement officer or a court counselor if there are reasonable grounds to believe that the juvenile is an undisciplined juvenile.
(3)	A juvenile may be taken into temporary custody without a court order by a law-enforcement officer or a Department of Social Services worker if there are reasonable grounds to believe that the juvenile is abused, neglected, or dependent and that the juvenile would be injured or could not be taken into custody if it were first necessary to obtain a court order.
(4)	A juvenile may be taken into custody without a court order by a law-enforcement officer, by a court counselor, by a member of the Black Mountain Center, Alcohol Rehabilitation Center and Juvenile Evaluation Center Joint Security Force established pursuant to G.S. 122C-421, or by personnel of the Division of Youth Services as designated by the Department of Human Resources if there are reasonable grounds to believe the juvenile is an absconder from any commitment placement pursuant to G.S. 7A-652 or approved detention facility."
Sec. 4.  G.S. 7A-572(b) reads as rewritten:
"(b)	A person who takes a juvenile into custody under G.S. 7A- 571(4) shall, after contacting a judge and receiving an order for secure custody, transport the juvenile to the nearest approved facility providing secure custody. The person shall then contact the person in charge of the particular commitment placement pursuant to G.S. 7A-652 or detention facility from which the juvenile absconded, who shall be responsible for returning the juvenile to that facility."
Sec. 5. G.S. 7A-547(b) reads as rewritten:
	"(b)	When a request is made for secure custody, the judge may order secure custody only where the judge finds there is a reasonable factual basis to believe that the juvenile actually committed the offense as alleged in the petition, and
(1)	That the juvenile is presently charged with a felony, and has demonstrated that the juvenile is a danger to property or persons; 
(1.1)	The juvenile is presently charged with a  misdemeanor at least one element of which is assault on a person; 
(2)	That the juvenile has willfully failed to appear on a pending delinquency charge or on charges of violation of probation or conditional release, providing the juvenile was properly notified; 
(3)	That a delinquency charge is pending against the juvenile and there is a reasonable cause to believe the juvenile will not appear in court; 
(4)	That the juvenile is an absconder from any commitment placement pursuant to G.S 7A-652 or detention facility in this or another state; 
(5)	That there is reasonable cause to believe the juvenile should be detained for the juvenile's own protection because the juvenile has recently suffered self-inflicted physical injury or recently attempted to do so; in this case, the juvenile must have been refused admission by one appropriate hospital and the period of secure custody is limited to 24 hours to determine the need for inpatient hospitalization; if such a juvenile is placed in secure custody, the juvenile shall receive continuous supervision while in secure custody and a physician shall be notified immediately; 
(6)	That the juvenile is alleged to be undisciplined by virtue of being a runaway and is found to be inappropriate for nonsecure custody placement or because the juvenile refuses nonsecure custody and the court finds that the juvenile needs secure custody for up to 24 hours, excluding Saturdays, Sundays, and State holidays, or where circumstances require for a period not to exceed 72 hours to evaluate the juvenile's need for medical or psychiatric treatment or to facilitate reunion with parents; or 
(7)	That the juvenile is alleged to be undisciplined and has willfully failed to appear in court after proper notice; such a juvenile shall be brought to court as soon as possible and in no event should be held more than 24 hours, excluding Saturdays, Sundays, and State holidays or where circumstances require for a period not to exceed 72 hours."
Sec. 6.  G.S. 7A-646 reads as rewritten:
"§ 7A-646. 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 of the State in exercising jurisdiction. If possible, the initial approach should involve working with the juvenile and his family in their own home so that the appropriate community resources may be involved in care, supervision, and treatment according to the needs of the juvenile. Thus, the judge should arrange for appropriate community-level services to be provided to the juvenile and his family in order to strengthen the home situation.
In choosing among statutorily permissible dispositions for a delinquent juvenile, the judge shall select the least restrictive disposition both in terms of kind and duration, that is appropriate to the seriousness of the offense, the degree of culpability indicated by the circumstances of the particular case and the age and prior record of the juvenile. A juvenile should not be committed pursuant to G.S. 7A-652 or to any other institution if the juvenile can be helped through community-level resources."
Sec. 7.  G.S. 7A-652 reads as rewritten:
"§ 7A-652. Commitment of delinquent juvenile to Division of Youth Services.
(a)	A delinquent juvenile 10 years of age or more may be committed to the Division of Youth Services for assessment and placement within a continuum of services operated by the Division or contracted for by the Division if the judge finds that the alternatives to commitment as contained in G.S. 7A-647, 7A-648, and 7A-649 have been attempted unsuccessfully or were considered and found to be inappropriate and that the juvenile's behavior constitutes a threat to persons or property in the community.  These findings shall be supported by substantial evidence in the record that the judge determined the needs of the juvenile, determined the appropriate community resources required to meet those needs, and explored and exhausted or considered inappropriate those resources prior to committing the juvenile to the Division.  Delinquent juveniles the judge finds to be nonviolent should be committed to community-based placements.  Only violent delinquents should be committed to small secure facilities.
(b)	Commitment shall be for:
(1)	An indefinite term not to exceed the eighteenth birthday of the juvenile; or
(2)	A definite term not to exceed two years if the judge finds that the juvenile is 14 years of age or older, has been previously adjudicated delinquent for two or more felony offenses, and has been previously committed to a residential facility operated by the Division of Youth Services. The Division may reduce the duration of the definite commitment by an amount not to exceed twenty-five percent (25%) if the juvenile has not committed any major infractions of the regulations of any facility to which he is assigned, and the Division of Youth Services may move for a reduction of more than twenty-five percent (25%) pursuant to G.S. 7A-664.
(c)	In no event shall commitment of a delinquent juvenile be for a period of time in excess of that period for which an adult could be committed for the same act. Any juveniles committed for an offense for which an adult would be sentenced for 30 days or less shall be assigned to a local detention home as defined by G.S. 7A-517(15) or a regional home as defined by G.S. 7A-517(26).
(d)	The Chief Court Counselor shall have the responsibility for transporting the juvenile for assessment and placement in a facility designated by the Division of Youth Services. The juvenile shall be accompanied to the facility by a person of the same sex.
(d1)	The Chief Court Counselor shall insure that the records requested by the Director of Youth Services accompany the juvenile to the facility or, if not obtainable at the time of admission, are sent to the facility within 15 days of the admission.  If records requested by the Division of Youth Services for admission do not exist, to the best knowledge of the Chief Court Counselor, he shall so stipulate in writing to the facility.  If these records do exist, but the Chief Court Counselor is unable to obtain copies of them, a district court judge may order that the records from public agencies be made available to the facility.  Records that are confidential by law shall remain confidential and the Division of Youth Services shall be bound by the specific laws governing the confidentiality of these records.  All records shall be used in a manner consistent with the best interest of the juvenile.
(e)	The Division of Youth Services shall accept all juveniles who have been committed for delinquency when the order of commitment appears on its face to contain the findings required by G.S. 7A-651(e) but may decline to do so otherwise. if the Director finds that the criteria specified in this section have been met.  A commitment order accompanied by information requested by the Director shall be forwarded to the Division. The Director shall assess and place the juvenile in in a setting that includes community-based options that would best provide for the juvenile's needs and shall notify the committing court. The Secretary of the Department of Human Resources may assign a juvenile committed for delinquency to any institution or other program of the Department or licensed by the Department, which program is appropriate to the needs of the juvenile.
(f)	When the judge commits a juvenile to the Division of Youth Services, the Director shall prepare a plan for care or treatment within 30 days after assuming custody of the juvenile.
(g)	Commitment of a juvenile to the Division of Youth Services does not terminate the court's continuing jurisdiction rights over the juvenile and his parent or guardian. Commitment of a juvenile to the Division of Youth Services transfers only physical custody of the juvenile to the Division. Legal custody remains with the parent, guardian, agency or institution in whom it was vested."
Sec. 8.  G.S. 134A-1 reads as rewritten:
"§ 134A-1. Legislative intent and purpose.
The General Assembly hereby declares its intent and legislative policy to separate the administration of placements for delinquents committed pursuant to G.S. 7A-652 from the adult corrections system to avoid the stigma and punitive philosophy associated with penal facilities for convicted adult offenders. It is further intended that institutional programs for delinquents provide appropriate treatment and care according to the needs of the children in care and that these programs be appropriately coordinated with other services for children within the Department of Human Resources."
Sec. 9.  G.S. 134A-2 reads as rewritten:
"§ 134A-2. Definitions.
The following terms or phrases shall be defined as follows in this Chapter unless the context or subject matter otherwise requires:
(1)	'Child' is any person who has not reached his sixteenth birthday.
(2)	Repealed by Session Laws 1977, c. 627, s. 3.
(3)	'County detention home' means one of the existing county-supported detention homes for juveniles or one which may be established by a county or other unit of local government in the future.
(4)	'Delinquent child' includes any child subject to the juvenile jurisdiction of the district court as defined by G.S. 7A- 278(2) who is subject to commitment to an institution for delinquents under G.S. 7A-286.
(5)	'Department' means the Department of Human Resources as defined under Chapter 143B, the Executive Organization Act of 1973.
(6)	Repealed by Session Laws 1977, c. 627, s. 3.
(7)	'Holdover facility' means a place in a local jail approved by the Department of Human Resources for detention of a child for not more than five calendar days prior to placement in an approved detention home.
	 " (9)	'Juvenile detention' refers to detention of a child alleged to be undisciplined or delinquent before or after a juvenile hearing as authorized by G.S. 7A-286(3).
(9a)	'Placement of commitment' means commitment placement pursuant to G.S. 7A-652, of nonviolent delinquent juveniles in placements with community-based program components and of violent delinquent juveniles in small secure facilities.
(10)	'Regional detention home' means a State-supported and administered regional facility providing detention care as recommended by the report.
(11)	'Report' means the Report of the National Juvenile Detention Association entitled Juvenile Detention in North Carolina: A Study Report, released in January 1973.
(12)	'Secretary' means the Secretary of Human Resources established by G.S. 143B-139.
(13)	'Youth services program' means any type of residential or nonresidential program or service for youth that may be developed by the Secretary as authorized by this Chapter."
Sec. 10.  G.S. 134A-8 reads as rewritten:
"§ 134A-8.  Powers and duties of Secretary of Human Resources.
The Secretary shall have the following powers and duties:
(1)	To give leadership to the implementation as appropriate of State policy which requires that training schools be phased out as populations diminish;
(2)	To close a placement of commitment when its operation is no longer justified and to transfer State funds appropriated for the operation of any placement of commitment that is closed to fund community-based programs or to purchase care or services for pre-delinquents, delinquents or status offenders in community-based or other appropriate programs or to improve the efficiency of existing placements of commitments, provided such actions are approved by the Advisory Budget Commission;
(3)	To develop a sound admission or intake program to youth services institutions, including the requirement of a careful evaluation of the needs of each child prior to acceptance and placement;
(4)	To assure quality programs in youth services institutions or youth services programs which shall be designed to meet the needs of children in care or receiving services;
(5)	To provide a quality educational program in each placement of commitment, including vocational and technical education which is realistic in relation to available jobs, and to administer this educational system;
(6)	To have all other powers of a secretary in relation to a division of youth services or youth services institutions or youth services programs as provided by the Executive Organization Act of 1973 as amended and codified in Chapter 143B or as provided by any other appropriate State law.
(7)	To promulgate rules and regulations to implement the provisions of this Chapter and the responsibilities of the Secretary and the Department of Human Resources under Chapter 7A."
Sec. 11.  The Department of Human Resources, Division of Youth Services shall adopt a schedule of phasing out training schools and moving the existing population to placements of commitment as contemplated by this act. The phasing-out shall be completed by January 1, 1995.
Sec. 12.  There is appropriated from the General Fund to the Department of Human Resources, Division of Youth Services, the sum of twenty-five million three hundred thousand dollars ($25,300,000) for the 1994-95 fiscal year for capital costs to implement this act.  The funds appropriated to training schools for fiscal year 1994-95 shall be used to operate the placements of commitment as their use is phased in pursuant to the schedule established in Section 12 of this act.
Sec. 13.  Section 12 of this act and this section are effective upon ratification. Section 13 of this act becomes effective July 1, 1994.  The remainder of this act becomes effective January 1, 1995, and applies to commitments for acts committed on or after this date.