GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

S	1 

SENATE BILL 81

Short Title:  Undisc. Juvenile Age 18.	(Public)
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Sponsors: Senators Allran, Shaw; Cochrane, Gunter, Codington, Forrester, Smith, Carpenter, Blackmon, Speed, Sherron, Harris, Hoyle, Albertson, and Warren.
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Referred to:  Juveniles/Prevention.
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February 11, 1994

A BILL TO BE ENTITLED
AN ACT TO RAISE THE DEFINED AGE OF UNDISCIPLINED JUVENILES FROM SIXTEEN YEARS TO EIGHTEEN YEARS IN CERTAIN CIRCUMSTANCES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 7A-517 reads as rewritten:
"§ 7A-517.  Definitions.
Unless the context clearly requires otherwise, the following words have the listed meanings:
(1)	Abused Juveniles. – Any juvenile less than 18 years of age whose parent, guardian, custodian, or caretaker:
a.	Inflicts or allows to be inflicted upon the juvenile a serious physical injury by other than accidental means; or
b.	Creates or allows to be created a substantial risk of serious physical injury to the juvenile by other than accidental means; or
b1.	Uses or allows to be used upon the juvenile cruel or grossly inappropriate procedures or cruel or grossly inappropriate devices to modify behavior; or
c.	Commits, permits, or encourages the commission of a violation of the following laws by, with, or upon the juvenile: first degree rape, as provided in G.S. 14-27.2; second degree rape as provided in G.S. 14-27.3; first degree sexual offense, as provided in G.S. 14-27.4; second degree sexual offense, as provided in G.S. 14-27.5; sexual act by a custodian, as provided in G.S. 14-27.7; crime against nature, as provided in G.S. 14-177; incest, as provided in G.S. 14-178 and 14-179; preparation of obscene photographs, slides or motion pictures of the juvenile, as provided in G.S. 14-190.5; employing or permitting the juvenile to assist in a violation of the obscenity laws as provided in G.S. 14-190.6; dissemination of obscene material to the juvenile as provided in G.S. 14-190.7 and G.S. 14-190.8; displaying or disseminating material harmful to the juvenile as provided in G.S. 14-190.14 and G.S. 14-190.15; first and second degree sexual exploitation of the juvenile as provided in G.S. 14-190.16 and G.S. 14-190.17; promoting the prostitution of the juvenile as provided in G.S. 14-190.18; and taking indecent liberties with the juvenile, as provided in G.S. 14-202.1, regardless of the age of the parties; or
d.	Creates or allows to be created serious emotional damage to the juvenile.  Serious emotional damage is evidenced by a juvenile's severe anxiety, depression, withdrawal or aggressive behavior toward himself or others; or 
e.	Encourages, directs, or approves of delinquent acts involving moral turpitude committed by the juvenile.
(2)	Aftercare. – The supervision of a juvenile who has been returned to the community on conditional release after having been committed to the Division of Youth Services.
(3)	Administrator for Juvenile Services. – The person who is responsible for the planning, organization, and administration of a statewide system of juvenile intake, probation, and aftercare services.
(4)	Director of the Division of Youth Services. – The person responsible for the supervision of the administration of institutional and detention services.
(5)	Caretaker. – Any person other than a  parent, guardian, or custodian who has responsibility for the health and welfare of a juvenile in a residential setting.  A person responsible for a juvenile's health and welfare means a stepparent, foster parent, an adult member of the juvenile's household, an adult relative entrusted with the juvenile's care, or any person such as a house parent or cottage parent who has primary responsibility for supervising a juvenile's health and welfare in a residential child care facility or residential educational facility.  'Caretaker' also means any person who has the responsibility for the care of a juvenile in a child day care home or child day care facility as defined in Article 7 of Chapter 110 of the General Statutes and includes any person who has the approval of the care provider to assume responsibility for the juveniles under the care of the care provider.  Nothing in this subdivision shall be construed to impose a legal duty of support under Chapter 50 or Chapter 110 of the General Statutes.  The duty imposed upon a caretaker as defined in this subdivision shall be for the purpose of Chapter 7A of the General Statutes only.
(6)	Chief Court Counselor. – The person responsible for administration and supervision of juvenile intake, probation, and aftercare in each judicial district, operating under the supervision of the Administrator for Juvenile Services.
(7)	Clerk. – Any clerk of superior court, acting clerk, or assistant or deputy clerk.
(8)	Community-Based Program. – A program providing nonresidential or residential treatment to a juvenile in the community where his family lives.  A community-based program may include specialized foster care, family counseling, shelter care, and other appropriate treatment.
(9)	Court. – The District Court Division of the General Court of Justice.
(10)	Court Counselor. – A person responsible for probation and aftercare services to juveniles on probation or on conditional release from the Division of Youth Services under the supervision of the chief court counselor.
(11)	Custodian. – The person or agency that has been awarded legal custody of a juvenile by a court.
(12)	Delinquent Juvenile. – Any juvenile less than 16 years of age who has committed a crime or infraction under State law or under an ordinance of local government, including violation of the motor vehicle laws.
(13)	Dependent Juvenile. – A juvenile in need of assistance or placement because he has no parent, guardian, or custodian responsible for the juvenile's care or supervision or whose parent, guardian, or custodian, due to physical or mental incapacity and the absence of an appropriate alternative child care arrangement, is unable to provide for the care or supervision.
(14)	Detention. – The confinement of a juvenile pursuant to an order for secure custody pending an adjudicatory or dispositional hearing or admission to a placement with the Division of Youth Services.
(15)	Detention Home. – An authorized facility providing secure custody for juveniles.
(15a)	District. – Any district court district as established by G.S. 7A-133.
(16)	Holdover Facility. – A place in a jail which has been approved by the Department of Human Resources 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.
(16.1)	In Loco Parentis. – A person acting in loco parentis means one, other than parents or legal guardian, who has assumed the status and obligation of a parent without being awarded the legal custody of a juvenile by a court.
(17)	Intake Counselor. – A person who screens a petition alleging that a juvenile is delinquent or undisciplined to determine whether the petition should be filed.
(18)	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 his home state.
(19)	Judge. – Any district court judge.
(19a)	Judicial District. – Any district court district as established by G.S. 7A-133.
(20)	Juvenile. –Except as provided in subdivisions (12) and (28) of this section, any person who has not reached his eighteenth birthday and is not married, emancipated, or a member of the armed services of the United States.  A juvenile who is married, emancipated, or a member of the armed forces, shall be prosecuted as an adult for the commission of a criminal offense.  Wherever the term 'juvenile' is used with reference to rights and privileges, that term encompasses the attorney for the juvenile as well.
(21)	Neglected Juvenile. – A juvenile who does not receive proper care, supervision, or discipline from the juvenile's parent, guardian, custodian, or caretaker; or who has been abandoned; or who is not provided necessary medical care; or who is not provided necessary remedial care; or who lives in an environment injurious to the juvenile's welfare; or who has been placed for care or adoption in violation of law.  In determining whether a juvenile is a neglected juvenile, it is relevant whether that juvenile lives in a home where another juvenile has died as a result of abuse or neglect or lives in a home where another juvenile has been subjected to sexual abuse or severe physical abuse by an adult who regularly lives in the home.
(22)	Petitioner. – The individual who initiates court action, whether by the filing of a petition or of a motion for review alleging the matter for adjudication.
(23)	Probation. – The status of a juvenile who has been adjudicated delinquent, is subject to specified conditions under the supervision of a court counselor, and may be returned to the court for violation of those conditions during the period of probation.
(24)	Prosecutor. – The assistant district attorney assigned by the district attorney to juvenile proceedings.
(25)	Protective Supervision. – The status of a juvenile who has been adjudicated delinquent or undisciplined and is under the supervision of a court counselor.
(26)	Regional Detention Home. – A state-supported and administered regional facility providing detention care.
(27)	Shelter Care. – The temporary care of a juvenile in a physically unrestricting facility pending court disposition.
(28)	Undisciplined Juvenile.  –A juvenile who is:
  	a.	Less than 16 years of age and unlawfully absent from school; or
b.	Less than 18 years of age who:
1.	Is regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian;
2.	Is regularly found in places where it is unlawful for a juvenile to be; or
		3.	Has run away from home.
(29)	Director of the Department of Social Services. – The director of the county department of social services in the county in which the juvenile resides or is found, or his representative as authorized in G.S. 108A-14.
The singular includes the plural, the masculine singular includes the feminine singular and masculine and feminine plural unless otherwise specified."
Sec. 2.  This act becomes effective July 1, 1994, and applies to causes of action arising on or after that date.