GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 90

Short Title:  Counseling for Delinquent Juveniles.	(Public)

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Sponsors: Senators McKoy; Martin of Guilford, Davis and Carpenter.

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Referred to:  Appropriations.

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January 30, 1995

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR EARLY INTERVENTION AND PREVENTION OF JUVENILE CRIME BY PROVIDING FOR COUNSELING OF JUVENILES WHO HAVE BEEN ADJUDICATED UNDISCIPLINED OR DELINQUENT FOR CERTAIN OFFENSES FOR THE FIRST TIME.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 7A-648 reads as rewritten:
"§ 7A-648.  Dispositional alternatives for delinquent or undisciplined juvenile.
(a)	In the case of any juvenile who is delinquent or undisciplined, the judge may:
(1)	Continue the case for no more than six months in order to allow the family an opportunity to meet the needs of the juvenile through more adequate home supervision, through placement in a private or specialized school or agency, through placement with a relative, or through some other plan approved by the court;
(2)	Place the juvenile under the protective supervision of a court counselor for no more than one year so that the court counselor may assist the juvenile in securing social, medical, and educational services and may work with the family as a unit to insure the juvenile is provided proper supervision and care;
(3)	Excuse the juvenile from compliance with the compulsory school attendance law when the judge finds that suitable alternative plans can be arranged by the family through other community resources for one of the following: an education related to the needs or abilities of the juvenile including vocational education or special education; a suitable plan of supervision or placement; or some other plan that the judge finds to be in the best interest of the juvenile.
(b)	In the case of a juvenile who has been adjudicated undisciplined or delinquent for an offense that would be a misdemeanor or a Class H or I felony if committed by an adult and has no prior adjudications as an undisciplined or delinquent juvenile, the court shall order the juvenile to participate in a plan of counseling developed by the Administrative Office of the Courts and approved by the court.  The counseling shall be directed toward remedying the behaviors or conditions that led to the adjudication and educating the juvenile regarding the consequences of crime.  The counseling may be instituted in conjunction with an order for medical, psychiatric, psychological, or other treatment of the juvenile pursuant to G.S. 7A-647(3).  The juvenile's parent, guardian, or custodian shall be ordered to participate with the juvenile in the juvenile's plan of counseling and the failure of a parent who is personally served to participate in the counseling may result in a civil proceeding for contempt.  This subsection does not preclude the judge from ordering additional dispositions of the juvenile."
Sec. 2.  G.S. 7A-523(b) reads as rewritten:
"(b)	The court shall have jurisdiction over the parent of a juvenile who has been adjudicated delinquent, undisciplined, abused, neglected or dependent, as provided by G.S. 7A-648 and G.S. 7A-650, provided the parent has been properly served with notice."
Sec. 3.  G.S. 7A-564 reads as rewritten:
"§ 7A-564.  Issuance of summons.
(a)	Immediately after a petition has been filed alleging that a juvenile is abused, neglected, dependent, undisciplined, or delinquent, the clerk shall issue a summons to the juvenile, to the parent, and to the guardian, custodian, or caretaker requiring them to appear for a hearing at the time and place stated in the summons. A copy of the petition shall be attached to each summons.
(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 that the dispositional order may remove the juvenile from the custody of the parent, guardian, or custodian; and
(4)	Notice that, if the juvenile is adjudicated undisciplined or delinquent for an offense that would be a misdemeanor or a  Class H or I felony if committed by an adult and has not been adjudicated undisciplined or delinquent previously, the juvenile shall be required to submit to a plan of counseling and the parent, guardian, or custodian of the juvenile shall be required to participate in the plan of counseling.
(c)	The summons shall advise the parent that upon service, jurisdiction over him is obtained and that failure of the parent to comply with any order of the court pursuant to G.S. 7A-648 and G.S. 7A-650 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."
Sec. 4.  Of the funds available to the Administrative Office of the Courts, and the Department of Human Resources, Division of Youth Services, the Administrative Office of the Courts and the Division of Youth Services shall establish a counseling and treatment program for juveniles who are adjudicated undisciplined or delinquent for the first time.  The program shall provide juveniles with a plan of counseling of at least 30 hours, to educate the juvenile about the consequences of crime and the alternatives and options available to the juvenile and to assist the juvenile in becoming a productive citizen, free from criminal activity.  The parent, guardian, or custodian of the juvenile shall be involved in the counseling and the counseling should also help the juvenile and the juvenile's parent, guardian, or custodian remedy the conditions of the home and the aspects of their relationship that led to the adjudication.  The Administrative Office of the Courts and the  Division of Youth Services may work with local agencies and organizations to provide counseling for and offer support to the juvenile and the juvenile's parent through community-based services and other appropriate intervention.
Sec. 5.  This act becomes effective October 1, 1995, and applies to offenses committed on or after that date.