GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 1513*

Short Title:  Juvenile Law Revision.	(Public)

─────────────────────────────────────── 
Sponsors: Senator Gulley.

─────────────────────────────────────── 
Referred to:  Judiciary.

─────────────────────────────────────── 

May 28, 1998

A BILL TO BE ENTITLED
AN ACT TO REWRITE THE JUVENILE CODE TO UPDATE THE LAW ON ABUSE, NEGLECT, AND DEPENDENCY, TO CONFORM THIS LAW TO FEDERAL ADOPTION LAW, TO INCORPORATE THE RECOMMENDATIONS OF THE GOVERNOR'S COMMISSION ON JUVENILE CRIME AND JUSTICE INTO THE LAW ON UNDISCIPLINEDNESS AND DELINQUENCY, TO MAKE CONFORMING CHANGES, AND TO APPROPRIATE FUNDS TO IMPLEMENT THESE CHANGES.
The General Assembly of North Carolina enacts:

PART I.  RECODIFICATION AND REWRITING OF THE LAW ON ABUSED, NEGLECTED, AND DEPENDENT CHILDREN.

Section 1.  The General Statutes are amended by adding a new chapter, Chapter 7B, titled "The Juvenile Code".  Subchapter XI of Chapter 7A of the General Statutes is recodified as Subchapter I of new Chapter 7B of the General Statutes and reads as rewritten:
"Chapter 7B.
"THE JUVENILE CODE.
"SUBCHAPTER I. NORTH CAROLINA CODE ON ABUSE, NEGLECT, AND DEPENDENCY OF CHILDREN.
"ARTICLE "Purpose; Definitions.
"§ This Subchapter shall be interpreted and construed so as to implement the following purposes and policies:
	(1)	To provide that the health and the safety of the child shall be of paramount concern;
(2)	To provide procedures for the hearing of children's cases that assure fairness and equity and that protect the constitutional rights of children and parents;
(3)	To develop a disposition in each child's case that reflects consideration of the facts, the needs and limitations of the child, and the strengths and weaknesses of the family;
(4)	To provide for services for the protection of children by means that respect both the right to family autonomy and children's needs for safety, continuity, and permanence; and
(5)	To provide standards for the removal, when necessary, of children from their homes and for the return of children to their homes consistent with preventing the unnecessary or inappropriate separation of children from their parents.
"§ 7B-101.  Definitions.
Unless the context clearly requires otherwise, the following words have the listed meanings:
(1)	Abused child – Any child less than 18 years of age whose parent, guardian, custodian, or caretaker:
a.	Inflicts or allows to be inflicted upon the child 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 child by other than accidental means; or
b1.	Uses or allows to be used upon the child 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 child: 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 child, as provided in G.S. 14-190.5; employing or permitting the child to assist in a violation of the obscenity laws as provided in G.S. 14-190.6; dissemination of obscene material to the child as provided in G.S. 14-190.7 and G.S. 14-190.8; displaying or disseminating material harmful to the child as provided in G.S. 14-190.14 and G.S. 14-190.15; first and second degree sexual exploitation of the child as provided in G.S. 14-190.16 and G.S. 14-190.17; promoting the prostitution of the child as provided in G.S. 14-190.18; and taking indecent liberties with the child 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 child. Serious emotional damage is evidenced by a child'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 child.
			(2)	Agggravated circumstances. – Any circumstance attending to the commission of an act of abuse or neglect that increases its enormity or adds to its injurious consequences, including but not limited to abandonment, torture, chronic abuse, or sexual abuse.
guardian, or custodian who has responsibility for the health and welfare of a child in a residential setting. A person responsible fora child's health and welfare means a stepparent, foster parent, an adult member of the child's household, an adult relative entrusted with the child's care, or any person such as a house parent or cottage parent who has primary responsibility for supervising a child'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 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 7B of the General Statutes only.
	(4)	Child. – Any person who has not reached the eighteenth birthday and is not married, emancipated, or a member of the armed services of the United States.  Wherever the term 'child' is used with reference to rights and privileges, this term encompasses the attorney or guardian ad litem for the child as well.
 (5) Clerk. – Any clerk of superior court, acting
	clerk, or assistant or deputy clerk.
	 (6) Court. – The District Court Division of the
	General Court of Justice.
(7)	Court of Competent Jurisdiction. – A court having the power and authority of law to act at the time of acting over the subject matter of the cause.
	 (8) Custodian. – The person or agency that has
	been awarded legal custody of a child by a court.
	 (9) Dependent Child – A child
	in need of assistance or placement because the child has no parent, guardian, or custodian responsible for the child's care or supervision or whose parent, guardian, or custodian is unable to provide for the care or supervision and lacks an appropriate alternative child care arrangement.
		(10) District. – Any district court district
	as established by G.S. 7A-133.
	 (11) 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 child by a court.
		 (12) Judge. – Any district court judge.
 (13) Judicial district. – Any district court district as established by G.S. 7A-133.
	"  (14) Neglected Child. – A child
	who does not receive proper care, supervision, or discipline from the child'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 child's welfare; or who has been placed for care or adoption in violation of law. In determining whether a child is a neglected child, it is relevant whether that child lives in a home where another child has been subjected to abuse or neglect by an adult who regularly lives in the home.  In determining whether a child is a neglected child, it is relevant whether the mother or the child or both had controlled substances present in in their bodily systems at the birth of the child.
 (15) 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.
				 (16) Reasonable efforts. – The diligent use
	of preventive or reunification services by a department of social services when a child's remaining at home or returning home is consistent with achieving a safe, permanent home for the child within a reasonable period of time or, when the child is not to be returned home, the diligent and timely use of permanency planning services by a department of social services to develop and implement a permanent plan for the child.
					 (17) Director of the department of social services.
	 – The director of the county department of social services in the county in which the child resides or is found, or the director's 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.
"ARTICLE 2.
"Jurisdiction.
"§ 7B-200.  Jurisdiction.
(a)	The court has exclusive, original jurisdiction over any case involving a child who is alleged to be abused, neglected, or dependent. This jurisdiction does not extend to cases involving adult defendants alleged to be guilty of abuse or neglect. For purposes of determining jurisdiction, the age of the child when the conditions causing the child to be abused, neglected, or dependent arose, governs. There is no minimum age for children alleged to be abused, dependent or neglected. 
The court also has exclusive original jurisdiction of the following proceedings:
(1)	Proceedings under the Interstate Compact on Placement of Children; 
	 (2) Proceedings involving judicial consent for
	emergency surgical or medical treatment for a child when the child's parent, guardian, legal custodian, or other person standing in loco parentis refuses to consent for treatment to be rendered;
 (3) Proceedings to determine whether a 
	child should be emancipated;
 (4) Proceedings to terminate parental rights;
 (5) Proceedings to review the placement of a
	child in foster care pursuant to an agreement between the child's parents or guardian and a county department of social services;
 (6) Proceedings in which a person is alleged to
	have obstructed or interfered with an investigation required by G.S. 7B-302; and
 (7) Proceedings involving consent for an abortion
	 on an unemancipated minor pursuant to Article 1A, Part 2 of Chapter 90 of the General Statutes.
(b)	The court shall have jurisdiction over the parent of a child who has been adjudicated abused, neglected or dependent, as provided by G.S. 7A-940, provided the parent has been properly served with summons pursuant to G.S. 7B-406.
	"§ 7B-201.  Retention of jurisdiction.
When the court obtains jurisdiction over a child, jurisdiction shall continue until terminated by order of the court or until the child reaches the age of eighteen. 
.
7Ar 
7Aa 
7Ad 
			" 7AG 
7Ao 
7Aafiled
	"ARTICLE 3.
"Screening of Abuse and Neglect Complaints.
"§ 7B-300.  Protective services.
The Director of the Department of Social Services in each county of the State shall establish protective services for children alleged to be abused, neglected, or dependent.
Protective services shall include the investigation and screening of complaints, casework or other counseling services to parents or other caretakers as provided by the director to help the parents, guardians, custodians, or caretakers and the court to prevent abuse or neglect, to improve the quality of child care, to be more adequate parents, guardians, custodians, or caretakers, and to preserve and stabilize family life.
"§ 7B-301. Duty to report child abuse, neglect, dependency, or death due to maltreatment; report.
(a)	Any person or institution who has cause to suspect that any child is abused, neglected, or dependent, as defined by G.S. 7B-101, or has died as the result of maltreatment, shall report the case of that child to the Director of the Department of Social Services in the county where the child resides or is found. 
Upon receipt of any report of child sexual abuse in a child care facility, the Director shall notify the State Bureau of Investigation within 24 hours or on the next work day. If child sexual abuse in a child care facility is not alleged in the initial report, but during the course of the investigation there is reason to suspect that child sexual abuse has occurred, the Director shall immediately notify the State Bureau of Investigation. Upon notification that child sexual abuse may have occurred in a child care facility, the State Bureau of Investigation may form a task force to investigate the report.
	(b)	The report of suspected child abuse, neglect or dependency as defined by G.S. telephone, or in writing.  The report shall include information known to the person making it, including:
(1)	The name and address of the child;
(2)	The name and address of the child's parent, guardian, custodian or caretaker;
(3)	The age of the child;
(4)	The names and ages of other children in the home;
(5)	The present whereabouts of the child if not at the home address;
(6)	The nature and extent of any injury or condition resulting from abuse, neglect, or dependency;
(7)	Any other information which the person making the report believes might be helpful in establishing the need for protective service or court intervention.
  The person making the report shall give the person's name, address, and telephone number.  Refusal of the person making the report to give a name shall not preclude the Department's investigation of the alleged abuse, neglect, or dependency.
"§ 7B-302. Investigation by Director; access to confidential information; notification of person making the report.
(a)	Investigation by Departments of Social Services. – When a report of abuse, neglect, or dependency is received, the Director of the Department of Social Services shall make a prompt and thorough investigation in order to ascertain the facts of the case, the extent of the abuse or neglect, and the risk of harm to the child, in order to determine whether protective services should be provided or the complaint filed as a petition. When the report alleges abuse, the Director shall immediately, but no later than 24 hours after receipt of the report, initiate the investigation. When the report alleges neglect or dependency, the Director shall initiate the investigation within 72 hours following receipt of the report. The investigation and evaluation shall include a visit to the place where the child resides. All information received by the Department of Social Services, including the identity of the reporter, shall be held in strictest confidence by the Department.
When a report of a child's death as a result of suspected maltreatment or a report of suspected abuse, neglect, or dependency of a child is received, the Director of the Department of Social Services shall immediately ascertain if other children reside in the family home of the alleged perpetrator, and, if so, initiate an investigation in order to determine whether they require protective services or whether immediate removal of the children from the home is necessary for their protection.
The department of social services shall complete its investigation within 30 days of the receipt of the report or shall ensure that there are fully documented reasons for delay in the Child Protective Services record.
(b)	Removal of Child From Home. –  If the investigation indicates that abuse, neglect, or dependency has occurred, the Director shall decide whether immediate removal of the child or any other children in the home is necessary for their protection. If immediate removal does not seem necessary, the Director shall immediately provide or arrange for protective services. If the parent, guardian, custodian, or other caretaker refuses to accept the protective services provided or arranged by the Director, the Director shall sign a complaint seeking to invoke the jurisdiction of the court for the protection of the child or children.
If immediate removal seems necessary for the protection of the child or other children in the home, the Director shall sign a petition which alleges the applicable facts to invoke the jurisdiction of the court and seek a nonsecure custody order. Where the investigation shows that it is warranted, a protective services worker may assume temporary custody of the child for the child's protection pursuant to Article 46 of this Chapter.
(c)	Access to Confidential Information. –  In performing any duties related to the investigation of the report or the provision or arrangement for protective services, the Director may consult with any public or private agencies or individuals, including the available State or local law-enforcement officers who shall assist in the investigation and evaluation of the seriousness of any report of abuse, neglect, or dependency when requested by the Director. The Director may make a written demand for any information or reports, whether or not confidential, that may in the Director's opinion be relevant to the investigation of or the provision for protective services. Upon the Director's and unless protected by the attorney-client privilege, any public or private agency or individual shall provide access to and copies of this confidential information and these records to the extent permitted by federal law and regulations. If a custodian of criminal investigative information or records believes that release of the information will jeopardize the right of the State to prosecute a defendant or the right of a defendant to receive a fair trial or will undermine an ongoing or future investigation, it may seek an order from a court of competent jurisdiction to prevent disclosure of the information. In such an action, the custodian of the records shall have the burden of showing by a preponderance of the evidence that disclosure of the information in question will jeopardize the right of the State to prosecute a defendant or the right of a defendant to receive a fair trial or will undermine an ongoing or future investigation. Actions brought pursuant to this paragraph shall be set down for immediate hearing, and subsequent proceedings in the actions shall be accorded priority by the trial and appellate courts.
(d)	Notice to Reporter. –  Within five working days after receipt of the report of abuse, neglect, or dependency, the Director shall give written notice to the person making the report, unless requested by that person not to give notice, as to whether the report was accepted for investigation and whether the report was referred to the appropriate State or local law enforcement agency.
Within five working days after completion of the protective services investigation, the Director shall give subsequent written notice to the person making the report, unless requested by that person not to give notice, as to whether there is a finding of abuse, neglect, or dependency, whether the county Department of Social Services is taking action to protect the child, and what action it is taking, including whether or not a petition was filed. The second notification shall inform the person making the report shall be informed of procedures necessary to request a review by the prosecutor of the Director's decision not to file a petition. The person making the report may waive the person's right to this notification and no notification is required if the person making the report does not identify himself to the Director.
"§ 7B-303.  Interference with investigation.
(a)	If any person obstructs or interferes with an investigation required by G.S. 7B-302, the Director may file a petition naming this person as respondent and requesting an order directing the respondent to cease this obstruction or interference.  The petition shall contain the name and date of birth and address of the child who is the subject of the investigation, shall specifically describe the conduct alleged to constitute obstruction of or interference with the investigation, and shall be verified.
(b)	For purposes of this section, obstruction of or interference with an investigation means refusing to disclose the whereabouts of the child, refusing to allow the director to have personal access to the child, refusing to allow the director to observe or interview the child in private, refusing to allow the Director access to confidential information and records upon request pursuant to G.S. 7B-302, refusing to allow the director to arrange for an evaluation of the child by a physician or other expert, or other conduct that makes it impossible for the director to carry out the duty to investigate.
(c)	Upon filing of the petition, the court shall schedule a hearing to be held not less than five days after service of the petition and summons on the respondent.  Service of the petition and summons and notice of hearing shall be made as provided by the Rules of Civil Procedure on the respondent; the child's parent, guardian, custodian, or caretaker; and any other person determined by the court to be a necessary party.  If at the hearing on the petition the court finds by clear, cogent and convincing evidence that the respondent, without lawful excuse, has obstructed or interfered with an investigation required by G.S. 7B-302, the court may order the respondent to cease this obstruction or interference.  The burden of proof shall be on the petitioner.
(d)	If the director has reason to believe that the child is in need of immediate protection or assistance, the director shall so allege in the petition and may seek an ex parte order from the court.  If the court, from the verified petition and any inquiry the court makes of the director, finds probable cause to believe both that the child is at risk of immediate harm and that the respondent is obstructing or interfering with the director's ability to investigate to determine the child's condition, the court may enter an ex parte order directing the respondent to cease this obstruction or interference.  The order shall be limited to provisions necessary to enable the Director to conduct an investigation sufficient to determine whether the child is in need of immediate protection or assistance.  Within 10 days after the entry of an ex parte order under this subsection, a hearing shall be held to determine whether there is good cause for the continuation of the order or the entry of a different order.  An order entered under this subsection shall be served on the respondent along with a copy of the petition, summons, and notice of hearing.
(e)	The Director may be required at a hearing under this section to reveal the identity of any person who made a report of suspected abuse, neglect, or dependency as required by G.S. 7B-301.
(f)	An order entered pursuant to this section is enforceable by civil or criminal contempt as provided in Chapter 5A of the General Statutes.
"§ t In all cases in which a petition is filed, the Director of the Department of Social Services shall prepare a report for the court containing a home placement plan and a treatment plan deemed by the Director to be appropriate to the needs of the child. The report shall be available to the judge immediately following the adjudicatory hearing.
"§ o The person making the report shall have 10 working days, from receipt of the decision of the Director of the Department of Social Services not to petition the court, to notify the prosecutor that a review is being requested. The prosecutor shall notify the person making the report and the Director of the time and place for the review.  The review shall be pursuant to G.S. 143-576.1(a)(1)c.
"§ The prosecutor shall review the report and recommendations of the Community Child Protection Team made pursuant to G.S. 143-576.1(a)(1)c.  Within five days of receiving the Team's report, the prosecutor shall (i) affirm the decision made by the Director not to file a petition, (ii) request the appropriate local law enforcement agency to investigate the allegations, or iii) direct the Director to file a petition.
"§ 7B-307.  Duty of Director to report evidence of abuse, neglect; investigation by local law enforcement; notification of Department of Health and Human Services and State Bureau of Investigation.
(a)	If the Director finds evidence that a child may have been abused as defined by G.S. 7B-101, the Director shall make an immediate oral and subsequent written report of the findings to the district attorney or the district attorney's designee and the appropriate local law enforcement agency within 48 hours after receipt of the report.  The local law enforcement agency shall immediately, but no later than 48 hours after receipt of the information, initiate and coordinate a criminal investigation with the protective services investigation being conducted by the county Department of Social Services.  Upon completion of the investigation, the district attorney shall determine whether criminal prosecution is appropriate and may request the Director or the Director's designee to appear before a magistrate.
If the Director receives information that a child may have been physically harmed in violation of any criminal statute by any person other than the child parent, guardian, custodian, or caretaker, the Director shall make an immediate oral and subsequent written report of that information to the district attorney or the district attorney's designee and to the appropriate local law enforcement agency within 48 hours after receipt of the information. The local law enforcement agency shall immediately, but no later than 48 hours after receipt of the information, initiate a criminal investigation. Upon completion of the investigation, the district attorney shall determine whether criminal prosecution is appropriate.
If the report received pursuant to G.S. 7B-301 involves abuse or neglect of a child in child care, the Director shall notify the Department of Health and Human Services within 24 hours or on the next working day of receipt of the report.
(a1)	If the Director finds evidence that a juvenile has been abused or neglected as defined by G.S. 7B-101 in a child care facility, the Director shall immediately so notify the Department of Health and Human Services and, in the case of child sexual abuse, the State Bureau of Investigation, in such a way as does not violate the law guaranteeing the confidentiality of the records of the Department of Social Services.
(a2)	Upon completion of the investigation, the Director shall give the Department written notification of the results of the investigation required by G.S. 7B-302.  Upon completion of an investigation of child sexual abuse in a child care facility, the Director shall also make written notification of the results of the investigation to the State Bureau of Investigation.
	The Director of the Department of Social Services shall submit a report of alleged abuse, neglect, or dependency cases or child fatalities that are the result of alleged maltreatment to the central registry under the policies adopted by the Social Services Commission.
	"§ 7B-308.  Authority of medical professionals in abuse cases.
(a)	Any physician or administrator of a hospital, clinic, or other medical facility to which a suspected abused child is brought for medical diagnosis or treatment shall have the right, when authorized by the chief district court judge of the district or designee, to retain physical custody of the child in the facility when the physician who examines the child certifies in writing that the child who is suspected of being abused should remain for medical treatment or that, according to the medical evaluation, it is unsafe for the child to return to the child's parent, guardian, custodian, or caretaker. This written certification must be signed by the certifying physician and must include the time and date that the judicial authority to retain custody is given. Copies of the written certification must be appended to the child's medical and judicial records and another copy must be given to the child's parent, guardian, custodian, or caretaker. The right to retain custody in the facility shall exist for up to 12 hours from the time and date contained in the written certification.
(b)	Immediately upon receipt of judicial authority to retain custody, the physician, the administrator, or designee shall so notify the director of social services for the county in which the facility is located. The director shall treat this notification as a report of suspected abuse and shall immediately begin an investigation of the case.
(1)	If the investigation reveals (i) that it is the opinion of the certifying physician that the child is in need of medical treatment to cure or alleviate physical distress, or to prevent the child from suffering serious physical injury, and (ii) that it is the opinion of the physician that the child should for these reasons remain in the custody of the facility for 12 hours, but (iii) that the child's parent, guardian, custodian or caretaker cannot be reached or, upon request, will not consent to the treatment within the facility, the director shall within the initial 12-hour period file a child petition alleging abuse and setting forth supporting allegations and shall seek a nonsecure custody order. A petition filed and a nonsecure custody order obtained in accordance with this subdivision shall come on for hearing under the regular provisions of this Subchapter unless the director and the certifying physician together voluntarily dismiss the petition.
(2)	In all cases except those described in subdivision (1) above, the director shall conduct the investigation and may initiate proceedings and take all other steps authorized by the regular provisions of this Subchapter. If the director decides not to file a petition, the physician, the administrator or designee may ask the prosecutor to review this decision according to the provisions of G.S. 7B-305.
(c)	If, upon hearing, the court determines that the child is found in a county other than the county of legal residence, in accord with G.S. 153A-257, the child may be transferred, in accord with G.S. 7B-903(2), to the custody of the department of social services in the county of residence.
(d)	If the court, upon inquiry, determines that the medical treatment rendered was necessary and appropriate, the cost of that treatment may be charged to the parents, guardian, custodian, or caretaker, or, if the parents are unable to pay, to the county of residence in accordance with G.S. 7B-903 and G.S. 7B-904.
(e)	Except as otherwise provided, a petition begun under this section shall proceed in like manner with petitions begun under G.S. 7B-302.
(f)	The procedures in this section are in addition to, and not in derogation of, the child abuse and neglect reporting provisions of G.S. 7B-301 and the temporary custody provisions of G.S. 7B-500. Nothing in this section shall preclude a physician or administrator and a director of social services from following the procedures of G.S. 7B-301 and G.S. 7B-500 whenever these procedures are more appropriate to the child's circumstances.
"§ oin an investigation.
Anyone who makes a report pursuant to this Article, cooperates with the county department of social services in a protective services inquiry or investigation, testifies in any judicial proceeding resulting from a protective services report or investigation, or otherwise participates in the program authorized by this Article, is immune from any civil or criminal liability that might otherwise be incurred or imposed for this action provided that the person was acting in good faith.  In any proceeding involving liability, good faith is presumed.
"§ 7B-310.  Privileges not grounds for failing to report or for excluding evidence.
No privilege shall be grounds for any person or institution failing to report that a child may have been abused, neglected, or dependent, even if the knowledge or suspicion is acquired in an official professional capacity, except when the knowledge or suspicion is gained by an attorney from that attorney's client during representation only in the abuse, neglect or dependency case. No privilege, except the attorney-client privilege, shall be grounds for excluding evidence of abuse, neglect, or dependency in any judicial proceeding (civil, criminal, or juvenile) in which a child's abuse, neglect, or dependency is in issue nor in any judicial proceeding resulting from a report submitted under this Article, both as this privilege relates to the competency of the witness and to the exclusion of confidential communications.
"§ 7B-311. Central registry.
The Department of Health and Human Services shall maintain a central registry of abuse, neglect, and dependency cases and child fatalities that are the result of alleged maltreatment that are reported under this Article in order to compile data for appropriate study of the extent of abuse and neglect within the State and to identify repeated abuses of the same child or of other children in the same family. This data shall be furnished by county directors of social services to the Department of Health and Human Services and shall be confidential, subject to policies adopted by the Social Services Commission providing for its use for study and research and for other appropriate disclosure. Data shall not be used at any hearing or court proceeding unless based upon a final judgment of a court of law.
w "ARTICLE 4.
"Venue; Petition; Summons.
"§ 
				A proceeding in which a child is alleged to be abused, neglected, or dependent may be commenced in the district in which the child resides or is present. When a proceeding is commenced in a district other than that of the child's residence, the judge, in the judge's discretion or upon motion of any party,  may transfer the proceeding to the court in the district where the child resides. A transfer under this subsection may be made at any time.
"§ i The pleading in a child abuse, neglect, or dependency action is the petition. The process in a child abuse, neglect, or dependency action is the summons.
"§ The petition shall contain the name, date of birth, address of the child, the name and last known address of the child's parent, guardian, or custodian and shall allege the facts which invoke jurisdiction over the child.  The petition may contain information on more than one child, when the children are from the same home and are before the court for the same reason. 
Sufficient copies of the petition shall be prepared so that copies will be available for each parent if living separate and apart, for the guardian ad litem, social worker, and any person determined by the court to be a necessary party.
"§ spetition.
	(a)	All reports concerning a child 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) Any decision of the director of social services not to file a petition shall be reviewed by the Community Child Protection Team, if review is requested pursuant to G.S. 
(c)	If any court orders a child into the custody of the Department of Social Services in any action other than an action for abuse, neglect, or dependency, the Director shall file a petition pursuant to the order and all procedures applicable to this section shall apply.
"§ noffice is closed.
		(a) When the office of the clerk of superior court is closed, a magistrate may be authorized by the Chief District Judge to draw, verify, and accept for filing petitions as follows:
	(1) When the Director of the Department of Social
	Services requests a petition alleging a child 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 investigation required by G.S. 7B-302.
	(b) The authority of the magistrate under subsection (a) 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 accepted for filing under this section shall be delivered to the clerk's office for processing as soon as that office is open for business.
"§ e An action is commenced by the filing of a petition in the clerk's office when that office is open, or by the acceptance of a petition by a magistrate when the clerk's office is closed, which acceptance shall constitute filing.
"§ 7B-406.  Concurrent court proceedings.
During the pendency of an action under this Chapter, a party to the action is estopped from litigating concurrently the custody, guardianship, placement, or visitation of a child who is subject of the action, in an action under Chapter 50 of the General Statutes.  A judge, upon notice of the pendency of an action under this Chapter, shall not issue an order, finding, or decision relating to the custody, guardianship, placement, or visitation of the child who is subject of the action, under any Chapter 50 action.  Upon termination of the court's jurisdiction under this Chapter, a copy of the order terminating jurisdiction shall be filed in any pending Chapter 50 action.
"§ 7B-407.  Issuance of summons.
(a)	Immediately after a petition has been filed alleging that a child is abused, neglected, or dependent, the clerk shall issue a summons 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)	For any parent named as respondent in a petition alleging child abuse, neglect, or dependency, the name, address, and phone number of the appointed counsel;
(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 child 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 child from the custody of the parent, guardian, custodian, or caretaker.
b.	May require that the child receive medical, psychiatric, psychological, or other treatment and that the parent, guardian, custodian, or caretaker participate in the treatment.
c.	May require the parent, guardian, custodian, or caretaker 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 child from the custody of the parent, guardian, custodian, or caretaker or to facilitate placement of the child with the Parent, guardian, custodian, or caretaker.
d.	May order the parent or other responsible party to pay for treatment that is ordered for the child.
e.	May order the parent, guardian, custodian, or caretaker to pay for own psychiatric, psychological, or other treatment or counseling if ordered by the court.
f.	May upon proper notice and a finding based on the criteria set out in G.S. 7A-289.32, terminate the parental rights of the respondent parent.
(c)	The summons shall advise the parent, guardian, custodian, or caretaker that upon service, jurisdiction is obtained and that failure to comply with any order of the court pursuant to G.S. 7B-1007 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.
"§  The summons shall be personally served upon the parent, the guardian, custodian, or caretaker, and the guardian ad litem, not less than five days prior to the date of the scheduled hearing except for the first nonsecure custody hearing, if applicable. The time for service may be waived in the discretion of the judge.
Service shall be as authorized by G.S. 1A-1, Rule 4(j), if the parent, guardian, custodian, or caretaker entitled to receive a summons cannot be found by a diligent The cost of the service by publication shall be advanced by the petitioner and may be charged as court costs as the judge, in the judge's discretion, may direct.
If the parent, guardian, custodian, or caretaker is personally served as herein provided and fails without reasonable cause to appear and to bring the child before the court, this person may be proceeded against as for contempt of court.
"ARTICLE 5.
"Temporary Custody, Nonsecure Custody; Custody Hearings.
"§ 7B-500.  Taking a child into temporary custody.
Temporary custody means the taking of physical custody and providing personal care and supervision until a court order for nonsecure custody can be obtained.  A child 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 child is abused, neglected, or dependent and that the child would be injured or could not be taken into custody if it were first necessary to obtain a court order.  If a Department of Social Services worker takes a child into temporary custody under this section, the worker may arrange for the placement, care, supervision, and transportation of the child.
		"§ 7B-501.  Duties of person taking child into temporary custody.
A person who takes a child into custody without a court order under G.S.  (1)Notify the child's parent, guardian, custodian, or caretaker that the child has been taken into temporary custody and advise the parent, guardian, custodian, or caretaker of the right to be present with the child until a determination is made as to the need for nonsecure custody. Failure to notify the parent, guardian, custodian, or caretaker that the child is in custody shall not be grounds for release of the child;
(2)	Release the child to the child's parent, guardian, custodian, or caretaker if the person having the child in temporary custody decides that continued custody is unnecessary. 
			(3)	Communicate with the Director of the Department of Social Services. If the decision is made to file a petition and seek nonsecure custody, the director shall contact the judge or person delegated authority pursuant to G.S. 7B-502 for a determination of the need for continued custody.
(4)	A child taken into temporary custody under this Article shall not be held for more than 12 hours, or for more than 24 hours if any of the 12 hours falls on a Saturday, Sunday, or legal holiday, unless:
a.	A petition or motion for review has been filed by the Director of the Department of Social Services, and
b.	An order for nonsecure custody has been entered by a judge.
		  "§ edelegation.
In the case of any child alleged to be within the jurisdiction of the court, when the judge finds it necessary to place the child in custody, the judge may order that the child be placed in nonsecure custody pursuant to criteria set out in G.S. 7B-503.
Any district court judge may issue nonsecure custody orders pursuant to G.S. 7B-503. The chief district judge may delegate the court's authority to the magistrate by administrative order which shall be filed in the office of the clerk of superior court. The administrative order may specify which magistrate shall be contacted for approval of a nonsecure custody order pursuant to G.S.7B-503.  
"§ a When a request is made for nonsecure custody, the judge shall first consider release of the child to the child's parent, relative, guardian, custodian, caretaker, or other responsible adult if it is safe to do so. An order for nonsecure custody shall be made only when there is a reasonable factual basis to believe the matters alleged in the petition are true, and
(1)	The child has been abandoned; or
(2) 	The child has suffered physical injury or sexual abuse; or
(3)	The child is exposed to a substantial risk of physical injury or sexual abuse because the parent, guardian, custodian, or caretaker has created the conditions likely to cause injury or abuse or has failed to provide, or is unable to provide, adequate supervision or protection; or
(4)	The child is in need of medical treatment to cure, alleviate, or prevent suffering serious physical harm which may result in death, disfigurement, or substantial impairment of bodily functions, and the child's parent, guardian, custodian, or caretaker is unwilling or unable to provide or consent to the medical treatment; or
(5)	The parent,  guardian, custodian, or caretaker consents to the nonsecure custody order;
(6)	The child is a runaway and consents to nonsecure custody.
	A child alleged to be abused, neglected, or dependent shall be placed in nonsecure custody only when there is a reasonable factual basis to believe that there is no other reasonable means available to protect the child. In no case shall a child alleged to be abused, neglected, or dependent be placed in secure custody.
 											"§ 7B-504.  Order for nonsecure custody.
The custody order shall be in writing and shall direct a law-enforcement officer or other authorized person to assume custody of the child and to make due return on the order.  A copy of the order shall be given to the child's parent, guardian, custodian, or caretaker by the official executing the order.  
An officer receiving an order for custody which is complete and regular on its face may execute it in accordance with its terms, need not inquire into its regularity or continued validity, and shall not incur criminal or civil liability for its due service.
"§ 7B-505. Place of nonsecure custody.
	A child meeting the criteria set out in G.S. 7B-503, subsection (a), may be placed in nonsecure custody with the Department of Social Services or a person designated in the order for temporary residential placement in:
(1)	A licensed foster home or a home otherwise authorized by law to provide this care or
(2)	A facility operated by the Department of Social Services or
(3)	Any other home or facility, including a relative's home approved by the court and designated in the order.
In placing a child in nonsecure custody under this section, the court shall first consider whether a relative of the child is willing and able to provide proper care and supervision of the child in a safe home. If the court finds that the relative is willing and able to provide proper care and supervision in a safe home, then the court shall order placement of the child with the relative unless the court finds that the placement is contrary to the best interests of the child. Placement of a child with a relative outside of this State must be in accordance with the Interstate Compact on the Placement of Children.
	(d)	"§ 7B-506. Hearing to determine need for continued nonsecure custody.
(a)	No shall be held under a nonsecure custody order for more than seven calendar days, without a hearing on the merits or a hearing to determine the need for continued custody. A hearing on nonsecure custody conducted under this subsection may be continued for up to seven calendar days with the consent of the child's parent, guardian, custodian, or caretaker, and, if appointed, the child's guardian ad litem. In addition, the court may require the consent of additional parties or may schedule the hearing on nonsecure custody despite a party's consent to a continuance. In every case in which an order has been entered by an official exercising authority delegated pursuant to G.S. 7B-502, a hearing to determine the need for continued custody shall be conducted on the day of the next regularly scheduled session of district court in the city or county where the order was entered if this session precedes the expiration of the applicable time period set forth in this subsection: Provided, that if this session does not precede the expiration of the time period, the hearing may be conducted at another regularly scheduled session of district court in the district where the order was entered.
		(b) At a hearing to determine the need for continued custody, the judge shall:
(1)	Advise the parties of their rights:
(2)	Explain the nature and purpose of the hearing;
(3)	Review the adequacy of notice and service of process;
(4)	Attempt to ascertain the identity and whereabouts of any parent, guardian, custodian, or caretaker of the child who is not present, whether that person has been served, and what steps need to be taken to identify, locate, or serve this person;
(5)	Receive testimony aimed at determining:
a.	What condition is alleged in the petition;
b.	What condition or risk precipitated the nonsecure custody order, including the result's of the petitioner's risk assessment;
c.	Whether a condition or risk justifying nonsecure custody under G.S. exists; and
d.	What efforts that the petitioner has made to prevent or eliminate the need for nonsecure custody or why efforts were not necessary.
The judge shall receive testimony and shall allow the child, and the child's parent, guardian, custodian, or caretaker an opportunity to introduce evidence, to be heard in their own behalf, and to examine witnesses. The judge shall not be bound by the usual rules of evidence at these hearings.
	(c)	The judge shall be bound by criteria set forth in G.S. 7B-503 in determining whether continued custody is warranted.
					(d)	 If the judge determines that the child meets the criteria in G.S. 7B-503 and should continue in nonsecure custody, the judge shall issue an order to that effect. The order shall be in writing with appropriate findings of fact. The findings of fact shall include the following:
(1)	Placement options for the child, including possible placements with relatives and efforts to keep siblings together;
(2)	Efforts needed to ensure that a school-aged child's school placement and attendance are not disrupted;
(3)	Parental visitation;
(4)	Sibling visitation;
(5)	Service needs and referrals;
(6)	Financial support for the child; and
(7)	The child's immediate needs, such as an immediate need for medical treatment or evaluation.
Any order authorizing the continued nonsecure custody of a child shall also comply with the requirements of G.S.   (e) A subsequent hearing on continued nonsecure custody shall be held within seven calendar days of the initial hearing required in subsection (a) of this section and hearings thereafter shall be held at intervals of no more than 30 calendar days.
	(f)	Hearings conducted under subsection (e) of this section may be waived 
		only in the case of a child alleged to be abused, neglected, or dependent, only with the consent of the child's parent, guardian, custodian, or caretaker, and, if appointed, the child's guardian ad litem.
The court may require the consent of additional parties or schedule a hearing despite a party's consent to waiver.
		(g)	At each hearing to determine the need for continued nonsecure custody, the court shall:
(1)	Inquire as to the identity and location of any missing parent. The court shall include findings as to the efforts undertaken to locate the missing parent and to serve that parent. The order may provide for specific efforts aimed at determining the identity and location of any missing parent;
(2)	Inquire as to whether a relative of the child is willing and able to provide proper care and supervision of the child in a safe home. If the court finds that the relative is willing and able to provide proper care and supervision in a safe home, then the court shall order temporary placement of the child with the relative unless the courts makes specific findings that the placcement is contrary to the best interests of the child. Placement of a child with a relative outside of this State must be in accordance with the Interstate Compact on the Placement of Children; and
(3)	Inquire as to whether there are other children remaining in the home from which the child was removed and, if there are, inquire as to the specific findings of the investigation conducted under G.S. 7B-302 and any actions taken or services provided by the Director for the protection of the other children.
"§ 7B-507.  Reasonable efforts.
(a)	In determining reasonable efforts to be made with respect to a child who is placed in foster care and in making these reasonable efforts, the child's health and safety shall be the paramount concern.  Reasonable efforts to preserve or reunify families may also be made concurrently with efforts to place the child for adoption, with a legal guardian, or in another planned and permanent placement.
(b)	An order placing or continuing the placement of a child in the custody or placement responsibility of a county department of social services, whether an order for continued nonsecure custody, a dispositional order, or a review order:
(1)	Shall contain a finding that the child's continuation in or return to the child's own home would be contrary to the child's best interest.
(2)	Shall contain findings as to whether a county department of social services has made reasonable efforts to prevent or eliminate the need for placement of the child, unless the court has previously determined under subsection (b) of this section that these efforts are not required or shall cease.
(3)	Shall contain findings as to whether a county department of social services shall continue to make reasonable efforts to prevent or eliminate the need for placement of the child, unless the court has previously determined or determines under subsection (b) of this section that these efforts are not required or shall cease.
(4)	Shall specify that the child's placement and care are the responsibility of the county department of social services and that the agency is to provide or arrange for the foster care or other placement of the child.
(5)	May provide for services or other efforts aimed at returning the child to a safe home or at achieving another permanent plan for the child.
A finding that reasonable efforts have not been made by a county department of social services shall not preclude the entry of an order authorizing the child's placement when the court finds that placement is necessary for the protection of the child.  Where efforts to prevent the need for the child's placement were precluded by an immediate threat of harm to the child, the court may find that the placement of the child in the absence of these efforts was reasonable.
(c)	In any order placing a child in the custody or placement responsibility of a county department of social services, whether an order for continued nonsecure custody, a dispositional order, or a review order, the court may direct that reasonable efforts to eliminate the need for placement of the child shall not be required or shall cease if the court makes written findings of fact that:
(1)	These efforts clearly would be futile or would be inconsistent with the child's health, safety, and need for a safe, permanent home within a reasonable period of time.
(2)	A court of competent jurisdiction has determined that the parent has subjected the child to aggravated circumstances as defined in G.S. 7B-101.
(3)	A court of competent jurisdiction has terminated involuntarily the parental rights of the parent to another child of the parent.
(4)	A court of competent jurisdiction has determined that the parent has committed murder or voluntary manslaughter of another child of the parent; has aided, abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of the child or another child of the parent; or has committed a felony assault resulting in serious bodily injury to the child or another child of the parent.
(d)	At any hearing at which the court finds that reasonable efforts to eliminate the need for the child's placement are not required or shall cease, the court shall direct that a permanency planning hearing as required by G.S. 7B-1011 be held within 30 calendar days after the date of the hearing and, if practicable, shall set the date and time for the permanency planning hearing.
(e)	In determining reasonable efforts to be made with respect to a child and in making these reasonable efforts, the child's health and safety shall be the paramount concern.  Reasonable efforts to preserve or reunify families may be made concurrently with efforts to plan for the child's adoption, to place the child with a legal guardian, or to place the child in another permanent arrangement.
"§. All communications, notices, orders, authorizations, and requests authorized or required by G.S. 7B-501, G.S. 7B-503, and G.S. 7B-504 may be made by telephone when other means of communication are impractical. All written orders pursuant to telephonic communication shall bear the name and the title of the person communicating by telephone, the signature and the title of the official entering the order, and the hour and the date of the authorization.
a "ARTICLE 6.
"Basic Rights.
"§ 
	"§ 7B-600. Appointment of guardian.
In any case when no parent appears in a hearing with the child or when the judge finds it would be in the best interest of the child, the judge may appoint a guardian of the person for the child. The guardian shall operate under the supervision of the court with or without bond and shall file only those reports as the court shall require. The guardian shall have the care, custody, and control of the child or may arrange a suitable placement for the child and may represent the child in legal actions before any court. The guardian may consent to certain actions on the part of the child in place of the parent including (i)	marriage, (ii) enlisting in the armed forces, and (iii) enrollment in school. The guardian may also consent to any necessary remedial, psychological, medical, or surgical treatment for the child. The authority of the guardian shall continue until the guardianship is terminated by court order, until the child is emancipated pursuant to Article 56 of this Chapter, or until the child reaches the age of majority.
"§ 7B-601.  Appointment and duties of guardian ad litem.
(a)	When in a petition a child is alleged to be abused or neglected, the judge shall appoint a guardian ad litem to represent the child. When a child is alleged to be dependent, the judge may appoint a guardian ad litem to represent the child.  The child is a party and the guardian ad litem and attorney advocate have standing to represent the child in all actions under this Subchapter where they have been appointed. The appointment shall be made pursuant to the program established by Article 39 of Chapter 7A of the General Statutes unless representation is otherwise provided pursuant to G.S. 7A-491 or G.S. 7A-492. The appointment shall terminate at the end of two years. Upon motion of any party including the guardian ad litem, or upon the judge's own motion, the guardian ad litem may be reappointed upon a showing of good cause. In every case where a nonattorney is appointed as a guardian ad litem, an attorney shall be appointed in the case in order to assure protection of the child's legal rights. The duties of the guardian ad litem program shall be to make an investigation to determine the facts, the needs of the child, and the available resources within the family and community to meet those needs; to facilitate, when appropriate, the settlement of disputed issues; to offer evidence and examine witnesses at adjudication; to explore options with the judge at the dispositional hearing; to conduct follow-up investigations to ensure that the orders of the court are being properly executed and to report to the court when the needs of the child are not being met; and to protect and promote the best interest of the child until formally relieved of the responsibility by the judge.
	The judge may also authorize the guardian ad litem to accompany the child to court in any criminal action wherein the child may be called on to testify in a matter relating to abuse.
(c)	The judge may grant the guardian ad litem the authority to demand any information or reports whether or not confidential, that may in the guardian ad litem's opinion be relevant to the case. No privilege other than the attorney-client privilege may be invoked to prevent the guardian ad litem and the court from obtaining this information. The confidentiality of the information or reports shall be respected by the guardian ad litem and no disclosure of any information or reports shall be made to anyone except by order of the judge or unless otherwise provided by law in Chapter 7A.
"§ a In cases where the juvenile petition alleges that a child is abused, neglected or dependent, the parent has the right to counsel and to appointed counsel in cases of indigency unless the parent waives the right.  The court shall appoint counsel immediately upon the receipt of the petition for all parents whose whereabouts are known.  All parents shall be conclusively presumed to be indigent for the purposes of appointed counsel for the first nonsecure hearing or conference, whichever occurs first.  Following the first nonsecure hearing or conference, the parent shall be screened and if the parent is indigent, then the appointed counsel shall continue to provide representation throughout the remainder of the proceeding unless the parent waives counsel or ceases to be indigent.  If the parent is determined not be indigent after the first hearing or conference, the parent may be ordered to reimburse the state for the cost of counsel pursuant to the provisions of G.S. 7B-603. In no case may the judge appoint a county attorney, prosecutor or public defender.
"§ oguardian ad litem.
An attorney or guardian ad litem appointed pursuant to G.S. 7B-601 and G.S. 7B-602 of this Article, pursuant to any other provision of the Code on the Abuse, Dependency, or Neglect of Children, or pursuant to G.S. 7A-289.23 shall be paid a reasonable fee fixed by the court in the same manner as fees for attorneys appointed in cases of indigency or by direct engagement for specialized guardian ad litem services through the Administrative Office of the Courts.  The judge may require payment of the attorney or guardian ad litem fee from a person other than the child as provided in G.S. 7A-450.1, 7A-450.2 and 7A-450.3.  In no event shall the parent or guardian be required to pay the fees for an appointed attorney or guardian ad litem in an abuse, neglect, or dependency proceeding unless the child has been adjudicated to be abused, neglected, or dependent, or, in a proceeding to terminate parental rights, unless the parent's rights have been terminated.  A person who does not comply with the court's order of payment may be punished for contempt as provided in G.S. 5A-21.
7Ae 
			7Aâ 
							7Awwhere 
" 7Aeorder
			7Aüidentification 
										
*
(a)										7Ao (a)	
			7Af 
e "ARTICLE 7.
"Discovery.
									7As 
		7Ae 
	7Ah 
"§ 7B-700.  Discovery in abuse, neglect and dependency cases.
The chief district court judge in each distirct shall designate by standing order what procedure shall be followed  and what orders may be entered to allow parties discovery of records including records of the Department of Social Services and records of other parties and agencies which may be necessary in the representation of any party to the petition.
"ARTICLE "Pre-Adjudication Conference.
"§ 7B-800.  Purpose.
The purposes of the conference shall be to explore the possibility of settlement, to narrow the issues as much as possible, and to stipulate those facts that are not in dispute.
"§ 7B-801.  Time of conference.
The clerk shall schedule and notify all parties of the pre-adjudication conference that shall be held within thirty days of the filing of the petition unless the judge, for good cause, orders that it be held at a later time.  All parties and their attorneys shall attend the pre-adjudication conference.  Failure to appear may result in sanctions by the court.
"§ 7B-802.  Procedures for conference.
(a)	At or before the conference, each party shall provide to all other parties a written list of prospective witnesses and exhibits and copies of all available listed exhibits intended for use at the hearing.  Any listed exhibit that is not available for distribution at or before the conference shall be distributed as soon as it is available.
(b)	At the conference parties shall:
(1)	Share witness lists, exhibitg lists, and exhibits;
(2)	Define the issues;
(3)	Identify matters that can be stipulated and making stipulaations, and
(4)	Consider any proposed consent order.
(c)	At the conclusion of the conference, a pretrial order shall be prepared reflecting the outcome of the conference and each party shall be provided a copy of the order.
(d)	If a parent's identity or whereabouts remain unknown or the paternity of the child has not been legally established, the order shall specify any steps that are to be taken to identify the parent, locate the parent, or establish paternity.
"§ 7B-803. Adjudicatory stipulation before judge.
Before accepting a stipulation to findings, conclusions, or provisions of the court's adjudication order, the judge, in open court, shall determine that the parties understand the content and consequences of the stipulation, including, if applicable, the possibility that the child may be removed permanently from the home, and that they voluntarily consent ot the stipulation.  The judge shall inqure of the parties in order to determine that the stipulation is voluntary and knowing.  The court's findings shall be set forth on the record.
"ARTICLE 9.
"Hearing Procedures.
"§ 7B-900.  Open hearings.
All hearings under this Subchapter shall be held in open court unless the judge, upon motion of a party or upon the court's own motion, determines that the possibility of damage or harm to the child outweighs the public interest in having an open hearing, and that it is in the child's best interest to exclude the public from the hearing.  Upon closing the hearing to the public, the court may admit those persons who have direct interest in the case or in the work of the court.
"§ 7At 
In an child abuse, neglect, or dependency proceeding, the judge may permit a petition to be amended under the conditions allowing amendment in G.S. 1A-1, Rule 15.
"§. The adjudicatory hearing shall be held in the district at the time and place as the chief district judge shall designate but no later than 60 days from the filing of the petition, unless the judge, pursuant to G.S. orders that it be held at a later time.
7Ai 
"§ a The adjudicatory hearing shall be a judicial process designed to adjudicate the existence or nonexistence of any of the conditions alleged in a petition. In the adjudicatory hearing, the judge shall protect the following rights of the child and the child's parent to assure due process of law: the right to written notice of the facts alleged in the petition, the right to counsel, the right to  confront and cross-examine witnesses, the privilege against self- incrimination, the right of discovery and the right of self-representation.
"§ juvenile court.
The judge may, for good cause, continue the hearing for as long as is reasonably required to receive additional evidence, reports, or assessments that the court has requested, or other information needed in the best interest of the child and to allow for a reasonable time for the parties to conduct expeditious discovery. Otherwise, continuances shall be granted only in extraordinary circumstances when necessary for the proper administration of justice or in the best interest of the child.  Juvenile court shall have priority over all other district court sessions.  Orders granting a continuance shall appear on the record and shall state supporting reasons for granting the continuance.
								"§ 
	When the child is alleged to be abused, neglected or dependent, the rules of evidence in civil cases shall apply.
"§ ¨ The allegations in a petition alleging abuse, neglect, or dependence shall be proved by clear and convincing evidence.
"§ i All adjudicatory and dispositional hearings shall be recorded by stenographic notes or by electronic or mechanical means. Records shall be reduced to a written transcript only when timely notice of appeal has been given. The judge may order that other hearings be recorded.
"§ n If the judge finds that the allegations in the petition have been proved as provided in G.S. 7B-906, the judge shall so state. If the judge finds that the allegations have not been proven, the judge shall dismiss the petition with prejudice and the child shall be released from onsecure custody.
7Ad 
7Af 
"ARTICLE "Dispositions.
"§ 7B-1000.  Purpose.
The purpose of dispositions is to design an appropriate plan to meet the needs of the child and to achieve the objectives of the State in exercising jurisdiction.  If possible, and if consistent with protecting the child's safety, the initial approach should involve working with the child and the child's 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 child.  In these cases, the judge should determine the appropriate community level services to be provided to the child and the child's family in order to strengthen the home situation.
"§ 7B-1001.  Predisposition reports.
(a)	Whenever the director of the department of social services files a petition, the department of social services shall prepare a predisposition report that includes, but is not limited to, the the following:
(1)	A description of the placement plan for the child and how that plan is appropriate to the child's needs;
(2)	A description of the plan of services for the child and the child's family, and how that plan is appropriate to meet the child's needs;
(3)	A statement of changes in parental behavior that are needed to correct the conditions that led to the abuse, neglect, or dependency, and the actions the parents must take;
(4)	If there is a recommendation that the child be removed from the home;
a.	A statement of the efforts by the department of social services to prevent the need for placing the child outside the home or a statement of why these efforts are not necessary pursuant to statute;
b.	A description of the efforts by the department of social services to reunify the family, including the services that have been offered, provided or rejected, or a statement of why these efforts are not necessary pursuant to statute;
c.	A statement o why the child cannot be protected from the identified problems while remaining in the home;
d.	The identity of all relatives and friends who have been contacted about providing a placement for the child, and a description and the nature and results of those contacts;
e.	A summary of visitation that has occurred and a plan for future visitation with the child;
f.	A statement of the child's special needs and how they may be met;
g.	The identity and location of the child's siblings if they are not placed together; and
h.	If applicable, description of the child's school or day-care situation and efforts to maintain the same placement.
(b)	The guardian as litem for the child shall prepare a predisposition report to assist the court in reaching a disposition that will best serve the child's needs.  The report shall identify the persons contacted and provide a factual basis for any recommendations.
(c)	The department of social services and the child's guardian as litem shall provide copies of their predisposition reports to all parties and their counsel before the pre-adjudication conference.
(d)	Predisposition reports shall not be submitted to or considered by the court until the adjudication is completed or the parties  have settled all adjudication issues.
"§ 7B-1002.   Pre-disposition conference.
(a)	The purposes of the conference shall be to explore the possibilities of settlement, to narrow the issues as much as possible, and to stipulate those facts or provisions of the dispositional order that are not in dispute.
(b)	If settlement is reached at the pre-adjudication conference, a pre-disposition conference shall be held immediately following the pre-adjudication conference.  If disposition occurs on a date after the adjudication, a predisposition conference shall be held no more than two weeks before the dispositional hearing.  The clerk shall schedule and notify all parties of the pre-disposition conference.  All parties and their attorneys shall attend the pre-disposition conference failure to appear may result in sanctions by the court.
(c)	The conference procedures shall be the same as those set forth in G.S. 7B-802.
"§ 7B-1003.  Dispositional stipulation before judge.
Before accepting a stipulation to findings, conclusion, or provisions of the court's disposition order, the judge, in open court, shall determine that the parties understand the content and consequences of the stipulation and that they voluntarily consent to the stipulation.  The judge shall inquire of the parties in order to determine that the stipulation is voluntary and knowing.  The court's finding shall be set forth on the record.
"§ * The dispositional hearing may be informal, and the judge may consider written reports or other evidence concerning the needs of the child. The child and the child's parent, guardian, custodian, or caretaker shall have an opportunity to present evidence, and they may advise the judge concerning the disposition they believe to be in the best interest of the child.  The dispositional hearing shall take place immediately after the adjudication unless, for good cause, the judge orders that it should be continued. 
"§ adependency proceeding.
Nothing in this Article precludes the judge from entering a consent order or judgment on a petition for abuse, neglect, or dependency when all parties are present and agree to the entry of a consent judgment, the child is represented by counsel and all other parties are either represented by counsel or have waived counsel, and sufficient findings of fact are made by the judge.
"§ 7B-1006.  Dispositional alternatives for abused, neglected, or dependent child.
The following alternatives for disposition shall be available to any judge exercising jurisdiction, and the judge may combine any of the applicable alternatives when the judge finds this disposition to be in the best interest of the child:
(1)	The judge may dismiss the case, or continue the case in order to allow the parent or others to take appropriate action.
(2)	In the case of any child who needs more adequate care or supervision or who needs placement, the judge may:
a.	Require that the child be supervised in the child's own home by the Department of Social Services in the child's county or other personnel as may be available to the court, subject to conditions applicable to the parent or the child as the judge may specify; or
b.	Place the child in the custody of a parent, relative, private agency offering placement services, or some other suitable person; or
c.	Place the child in the custody of the Department of Social Services in the county of the child's residence, or in the case of a child who has legal residence outside the State, in the physical custody of the Department of Social Services in the county where the child is found so that agency may return the child to the responsible authorities in the child's home state.  If the child is placed in the custody of the Department of Social Services:
1.	The Director shall not return physical custody of the child to the parent or other person standing in loco parentis without a hearing at which the court finds that the child will receive proper care and supervision in a safe home; and
2.	The Director may, unless otherwise ordered by the judge, arrange for, provide, or consent to, needed routine or emergency medical or surgical care or treatment. In the case where the parent is unknown, unavailable or unable to act on behalf of the child or children, the Director may, unless otherwise ordered by the judge, arrange for, provide or consent to any psychiatric, psychological, educational, or other remedial evaluations or treatment for the child placed by a judge or the judge's designee in the custody or physical custody of a county Department of Social Services under the authority of this or any other Chapter of the General Statutes. Prior to exercising this authority, the Director shall make reasonable efforts to obtain consent from a parent or guardian of the affected child. If the Director can not obtain this consent, the Director shall promptly notify the parent or guardian that care or treatment has been provided and shall give this person frequent status reports on the circumstances of the child. Upon request of a parent or guardian of the affected child, the results or records of the aforementioned evaluations, findings, or treatment shall be made available to this parent or guardian by the Director unless prohibited by G.S. 122C-53(d); or
d.	Appoint a guardian of the person pursuant to G.S. 7B-600.
(3)	In placing a child in out-of-home care under this section, the court shall first consider whether a relative of the child is willing and able to provide proper care and supervision of the child in a safe home.  If the court finds that the relative is willing and able to provide proper care and supervision in a safe home, then the court shall order placement of the child with the relative unless the court finds that the placement is contrary to the best interests of the child.  Placement of a child with a relative outside of the State must be in accordance with the Interstate Compact on the Placement of Children.
(4)	In any case, the judge may order that the child be examined by a physician, psychiatrist, psychologist or other qualified expert as may be needed for the judge to determine the needs of the child.
a.	Upon completion of the examination, the judge shall conduct a hearing to determine whether the child is in need of medical, surgical, psychiatric, psychological, or other treatment and who should pay the cost of the treatment. The county manager, or the person designated by the chairman of the county commissioners, of the county of the child's residence shall be notified of the hearing, and allowed to be heard. If the judge finds the child to be in need of medical, surgical, psychiatric, psychological or other treatment, the judge shall permit the parent or other responsible persons to arrange for treatment. If the parent declines or is unable to make necessary arrangements, the judge may order the needed treatment, surgery or care, and the judge may order the parent to pay the cost of the care pursuant to G.S. 7B-1007. If the judge finds the parent is unable to pay the cost of treatment, the judge shall order the county to arrange for treatment of the child and to pay for the cost of the treatment. The county department of social services shall recommend the facility that will provide the child with treatment.
b.	If the judge believes, or if there is evidence presented to the effect that the child is mentally ill or is developmentally disabled, the judge shall refer the child to the area mental health, developmental disabilities, and substance abuse services director for appropriate action. A child shall not be committed directly to a State hospital or mental retardation center; and orders purporting to commit a child directly to a State hospital or mental retardation center except for an examination to determine capacity to proceed shall be void and of no effect. The area mental health, developmental disabilities, and substance abuse director shall be responsible for arranging an interdisciplinary evaluation of the child and mobilizing resources to meet the child's needs. If institutionalization is determined to be the best service for the child, admission shall be with the voluntary consent of the parent or guardian. If the parent, guardian, custodian, or caretaker refuses to consent to a mental hospital or retardation center admission after this institutionalization is recommended by the area mental health, developmental disabilities, and substance abuse director, the signature and consent of the judge may be substituted for that purpose. In all cases in which a regional mental hospital refuses admission to a child referred for admission by a judge and an area mental health, developmental disabilities, and substance abuse director or discharges a child previously admitted on court referral prior to completion of the treatment, the hospital shall submit to the judge a written report setting out the reasons for denial of admission or discharge and setting out the child's diagnosis, indications of mental illness, indications of need for treatment, and a statement as to the location of any facility known to have a treatment program for the child in question.
																					"§ 7B-1007. Authority over parents, guardians, custodians, and caretakers of child adjudicated as abused, neglected, or dependent.
(a)	If the court orders medical, surgical, psychiatric, psychological, or other treatment pursuant to G.S. 7B-1006, the court may order the parent, guardian, custodial, or caretaker to pay the cost of the treatment or care ordered.
		(b)	At the dispositional hearing or a subsequent hearing in the case of a child who has been adjudicated abused, neglected, or dependent, if the court finds that it is in the best interest of the child for the parent, guardian, custodian, or caretaker to be directly involved in the child's treatment, the court may order the parent to participate in medical, psychiatric, psychological, or other treatment of the child. The cost of the treatment shall be paid pursuant to G.S. 7B-1006.
	(b1)  At the dispositional hearing or a subsequent hearing in the case of a child who has been adjudicated abused, neglected, or dependent, the court may determine whether the best interest of the child requires that the parent, guardian, custodian, or caretaker undergo psychiatric, psychological, or other treatment or counseling directed toward remediating or remedying behaviors or conditions that led to or contributed to the child's adjudication or to the court's decision to remove custody of the child from the parent, guardian, custodian, or caretaker or to facilitate placement of the child with a parent, guardian, custodian, or caretaker. If the court finds that the best interest of the child requires a parent, guardian, custodian, or caretaker undergo treatment, it may order a parent, guardian, custodian, or caretaker to comply with a plan of treatment approved by the court or condition legal custody or physical placement of the child with the parent, guardian, custodian, or caretaker upon the parent's, guardian's, custodian's, or caretaker's compliance with the plan of treatment. 
(b2)	The court may order the parent, guardian, custodian, or caretaker to pay the cost of treatment ordered pursuant to subsection (b1) of this section. In cases in which the court has conditioned legal custody or physical placement of the child with the parent, guardian, custodian, or caretaker upon this person's compliance with a plan of treatment, the court may charge the cost of the treatment to the county of the child's residence if the court finds the parent, guardian, custodian, or caretaker is unable to pay the cost of the treatment and the treatment is not currently available from the area mental health program that serves the parent, guardian, custodian, or caretaker. In all other cases, if the court finds the parent, guardian, custodian, or caretaker is unable to pay the cost of the treatment ordered pursuant to this subsection, the court may order the parent, guardian, custodian, or caretaker to receive treatment currently available from the area mental health program that serves the parent's, guardian's, custodian's, or caretaker's catchment area.
(c)	Whenever legal custody of a child is vested in someone other than the child's parent, after due notice to the parent and after a hearing, the court may order that the parent pay a reasonable sum that will cover in whole or in part the support of the child after the order is entered. If the court requires the payment of child support, the amount of the payments shall be determined as provided in G.S. 50-13.4(c). If the court places a child in the custody of a county department of social services and if the court finds that the parent is unable to pay the cost of the support required by the child, the cost shall be paid by the county department of social services in whose custody the child is placed, provided the child is not receiving care in an institution owned or operated by the State or federal government or any subdivision thereof.
(d)	Failure of a parent who is personally served to participate in or comply with subsections (a) through (c) may result in proceedings for contempt pursuant to Chapter 5A of the General Statutes.
"§ 7B-1008.  Authority over public agencies.
At any time after adjudication, if it appears that the best interest of the child may require that the child receive services from a public agency, the court may direct the clerk or a party to serve the director or other appropriate representative of the agency with a written notice of the hearing and of theissues to be addressed that involve that agency.  At the hearing for which the agency has been served with notice, the agency shall have the opportunity to be heard.  The court may hear evidence relating to the level and type of services that the agency can provide to meet the child's needs.  The court shall have authority to order the public agency to provide or arrange for the provision of services to meet the child's needs.  The failure of the public agency to comply with this order may result in contempt proceedings pursuant to Chapter 5A of the General Statutes.
"§ 7B-1009.  Dispositional order.
							(a)	The dispositional order shall be in writing and shall contain appropriate findings of fact and conclusions of law.  The judge shall state with particularity, both orally and in the written order of disposition, the precise terms of the disposition including the kind, duration and the person who is responsible for carrying out the disposition and the person or agency in whom custody is vested.
(b)	The dispositional order shall contain a description of the placement plan for the child, and, if appropriate, a statement of the changes in parental behavior that are needed to correct the conditions that led to the abuse, neglect or dependency, and the specific actions the parents must take to correct these conditions.
(c)	A dispositional order under which a child is removed from the custody of a parent or person standing in loco parentis shall:
(1)	Comply with the requirements of G.S. 7B-507;
(2)	Contain findings whether a relative of the child is willing and able to provide proper care and supervision of the child in a safe home.  If the court finds that the relative is willing and able to provide proper care and supervision in a safe home, then the court shall order placement of the child with the relative unless the court finds that the placement is contrary to the best interests of the child.  Prior to the placement of a child with a relative outside of this State, the placement must be in accordance with the Interstate Compact on the Placement of Children.
(3)	Provide for appropriate visitation as may be in the best interests of the child and consistent with the child's safety.  If the child is placed in the custody of the Department of Social Services, the court may order the Director to arrange, facilitate and monitor a visitation plan expressly approved by the court, and the court may order that the Department supervise any such visitation.
(4)	If practicable, set the date and time for the review hearing required by G.S. 7B-1010.

										7Al 
															"§ 7B-1010.  Review of custody order.
(a)	Except as specified in subsection (b) of this section, the judge shall conduct a review within 90 days from the disposition hearing and shall conduct a subsequent review every six months thereafter.
(b)	The clerk shall calendar the case in a timely manner at a session of court scheduled for hearings under this Subchapter. The clerk shall give 15 days' notice of the review and its purpose to the parent or the person standing in loco parentis, the guardian, custodian or agency with custody, the guardian ad litem, and any other person the court may specify, indicating the court's impending review.  The Director of Social Services shall give 15 days notice of the review to any relative, foster parent or preadoptive parent providing care for the child and to the child if the child is at least 12 years of age and has not been appointed a guardian ad litem.  The Director of Social Services shall document delivery of the notice in the social services' case record.  Nothing in this provision shall be construed to make any foster parent, relative, or preadoptive parent providing care for the child a party to the proceeding solely based on receiving the notice and an opportunity to be heard.
(c)	The Director of Social Services shall deliver a written court summary to all counsel, unrepresented parties, and the administrator of the guardian ad litem program at least 10 days before each review hearing.  The summary shall describe the progress in the case since the last hearing and include current recommendations.
(d)	At least five days prior to the review hearing, the court shall conduct a prehearing conference.  The administrator of the  guardian ad litem program shall provide a written court summary to the Director of Social Services, all counsel, and unrepresented parties at or before the prehearing conference.  The report shall identify the persons contacted and provide a factual basis for any recommendations.  The prehearing conference shall be conducted pursuant to the General Rules of Practice in the applicable district court adopted pursuant to G.S. 7A-34.
	(e)	Notwithstanding other provisions of this Article, the court may waive the holding of review hearings required by subsection (a) and G.S. 7B-1011, may require written reports to the court by the agency or person holding custody in lieu of review hearings, or order that review hearings be held less often than every six months, if the court finds by clear, cogent and convincing evidence that:
(1)	The child has resided with a relative or has been in the custody of another suitable person for a period of at least one year; and
(2)	The placement is stable and continuation of the placement is in the child's best interest; and
(3)	Neither the child's best interests nor the rights of any party require that review hearings be held every six months; and
(4)	All parties are aware that the matter may be brought before the court for review at any time by the filing of a motion for review or on the court's own motion; and
(5)	The court order has designated the relative or other suitable person as the child's permanent caretaker or guardian of the person.
The court may not waive or refuse to conduct a review hearing if a party files a motion seeking the review.
	(f)	At every review hearing, the court shall consider information from the parent, any person standing in loco parentis, the child, the guardian, any foster parent, relative or preadoptive parent providing care for the child, the custodian or agency with custody, the guardian ad litem, and any other person or agency that will aid it in its review.
In each case the court shall consider the following criteria and make written findings regarding those that are relevant:
							(1)	Whether the agency's efforts to locate, notify, and work with all parties not currently active in the litigation have been sufficient, and what further actions are necessary.
(2)	Whether the parents are able or have contributed financially to the child's support.
(3)	A summary of parental visitation that has occurred since the last hearing.
(4)	A brief description of the services and assistance that have been offered or provided to the family since the previous hearing if the previous hearing found reunification to be the case objective.
(5)	The extend to which problems necessitating State intervention have been remedied and, if reunification continues to be the case objective, the actions that should be taken by the parents to permit the return of the child.
(6)	Whether efforts to reunite the family clearly would be futile or inconsistent with the child's safety and need for a safe, permanent home within a reasonable period of time.
(7)	Where efforts to reunite the family have been previously found to be futile or inconsistent with the child's safety and the need for a safe, permanent home within a reasonable period of time, the efforts that have been made to evaluate or plan for other permanent placement.
(8)	An assessment of compliance by the agency and parents with the Department of Social Services case plan and with previous orders and recommendations of the court.
(9)	Reports on the placements the child has had and the appropriateness of the current placement, and any services offered to the child.
(10)	The location of any siblings, and if siblings are separated, a statement of the reasons for the separation, and whether steps have been and will be taken to unite them and to maintain regular contact during the separation.
(11)	A proposed timetable for the child's return home or other permanent placement.
(12)	If the child is 16 or 17 years of age, a report on an independent living assessment of the child, and, if appropriated, an independent living plan for the child.
(13)	An appropriate visitation plan.
(14)	Any other criteria the court considers necessary.
	 (g) The judge, after making findings of fact, may appoint a guardian of the person for the child pursuant to G.S. 7B-600 or may make any disposition authorized by G.S. including the authority to place the child in the custody of either parent or any relative found by the court to be suitable and found by the court to be in the best interest of the child. The court may enter an order continuing the placement under review or providing for a different placement as is deemed to be in the best interest of the child If at any time custody is restored to a parent, the court shall be relieved of the duty to conduct periodic judicial reviews of the placement.
		(h)	The provisions of G.S. 7B-507 shall apply to any order entered under this section.
"§ 7B-1011.   Permanency planning hearing.
(a)	At a hearing designated by the court, but at least 12 months after the filing of the petition, a review designated as a permanency planning hearing shall be held under this section and may be combined with a review designated as a permanency planning hearing shall be held under this section and may be combined with a review hearing required under G.S. 7B-1010.
(b)	The purpose of the hearing shall be to develop a plan to achieve a safe, permanent home for the child within a reasonable period of time.
(c)	Subsequent permanency planning hearings shall be held at least every six months thereafter, or earlier as set by the court, to review the progress made in finalizing the permanency plan for the child, or if necessary, to make a new permanency plan for the child.
(d)	The clerk shall calendar in a timely manner the case at a session of court scheduled for hearings under this Subchapter.  The clerk shall give 15 days notice of the permanency planning hearing to the parent or the person standing in loco parentis, the guardian, custodian or agency with custody, the guardian ad litem, and any other person the court may specify, indicating the court's impending hearing.  The director of social services shall give 15 days notice of the hearing to any relative, foster parent or preadoptive parent providing care for the child, and the child if 12 years of age or more and not appointed a guardian ad litem.  The director of social services shall document delivery of this notice in the social services' case record.  Nothing in this provision shall be construed to make any foster parent, relative or preadoptive parent providing care for the child a party to the proceeding solely based on receiving this notice and an opportunity to be heard.
(e)	The director of social services shall deliver a written court summary to all counsel, unrepresented parties, and the Guardian ad Litem Program Administrator at least ten days before the permanency planning hearing.  The summary shall state the permanent plan of care recommended by the department and the basis for its recommendation.  At least five days prior to the permanency planning hearing, there shall be a prehearing conference.  The Guardian ad Litem Program Administrator shall provide a written court summary to the director of social services, all counsel, and unrepresented parties at or before the prehearing conference.  The prehearing conference shall be conducted pursuant to the General Rules of Practice in the applicable district court, adopted pursuant to G.S. 7A-34.
(f)	At any permanency planning hearing, the court shall consider information from the parent, any person standing in loco parentis, the child, the guardian, any foster parent, relative or preadoptive parent providing care for the child, the custodian or agency with custody, the guardian ad litem, and any other person or agency which will aid it in its review.
(g)	At the conclusion of the hearing, if the child is not returned home, the court shall consider the following criteria and make written findings regarding those that are relevant:
(1)	Whether it is possible for the child to be returned home immediately or within the next six months and, if not, the reasons why it is not in the child's best interests to return home;
(2)	Where the child's return home is unlikely within six months, whether guardianship or custody with a relative or some other suitable person should be established, and if so, the rights and responsibilities which should remain with the parents;
(3)	Where the child's return home is unlikely within six months, whether adoption should be pursued and, if so, any barriers to the child's adoption;
(4)	Where the child's return home is unlikely within six months, whether the child should remain in the current placement or be placed in another permanent living arragement, and why;
(5)	Any other criteria the court considers necessary; and
(6)	A specific time frame for implementing the permanent placement plan.
(h)	At the conclusion of the hearing, the judge shall make specific findings as to the best plan of care to achieve a safe, permanent home for the child within a reasonable period of time.  The judge may appoint a guardian of the person for the child pursuant to G.S. 7B-600 or make any disposition authorized by G.S. 7B-1006, including the authority to place the child in the custody of either parent or any relative found by the court to be suitable and found by the court to be in the best interest of the child.  If the child is not returned home, the court shall enter an order consistent with its findings that directs the department of social services to make reasonable efforts to place the child in a timely manner in accordance with the permanent plan, to complete whatever steps are necessary to finalize the permanent placement of the child, and to document these steps in the child's case plan.  If the court continues the foster care placement of the child, and to document these steps in the child's case plan.  If, at any time, custody is restored to a parent or findings are made in accordance with G.S. 7B-1010(b), the court shall be relieved of the duty to conduct periodic reviews of the placement.  If the court continues the child's placement in the custody or placement responsibility of a county department of social services, the provisions of G.S. 7B-507 shall apply to any order entered under this section.
(i)	In the case of a child who is in the custody or placement responsibility of a county department of social services and has been in placement outside the home for 15 of the most recent 22 months, or a court of competent jurisdiction has determined that the parent has abandoned the child; or has committed murder or voluntary manslaughter of another child of the parent; or has aided, abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of the child or another child of the parent, the court shall order the director of the department of social services to initiate a proceeding to terminate the parental rights of the parent, unless the court finds that:
(1)	The permanent placement plan is guardianship or custody with a relative or some other suitable person; or
(2)	The court makes specific findings of fact why filing of the petition to terminate parental rights is not in the best interests of the child; or
(3)	The department has not provided to the family of the child the services the department considers necessary for the safe return of the child to the child's home, if reasonable efforts to reunify are required to be made with respect to the child.
(j)	If a proceeding to terminate the parental rights of the child's parents is necessary in order to perfect the permanency plan for the child, the court shall order the director of the department of social services to file such a petition within 60 calendar days from the date of the permanency planning hearing unless the court makes written findings why the petition cannot be filed within 60 days.  If the court makes findings to the contrary, the court shall specify the time frame in which any needed petition to terminate parental rights shall be filed.
7Ai 
"§ aplacement court review.
(a)	The purpose of each placement review is to insure that every reasonable effort is being made to provide for a permanent placement plan for the child who has been placed in the custody of a county director or licensed child-placing agency, which is consistent with the child's best interest. At each review hearing the court may consider information from the Department of Social Services, the licensed child-placing agency, the guardian ad litem, the child, any foster parent, relative, or preadoptive parent providing care for the child, and any other person or agency the court determines is likely to aid in the review.
(b)	The court shall conduct a placement review not later than three months from the date of the termination hearing when parental rights have been terminated by a petition brought by any person or agency designated in G.S. 7A-289.24(2) through (5) and a county director or licensed child-placing agency has custody of the child. The court shall conduct reviews every six months thereafter until the child is placed for adoption and the adoption petition is filed by the adoptive parents.
(1)	No more than 30 days and no less than 15 days prior to each review, the clerk shall give notice of the review to the child if the child is at least 12 years of age if not appointed a guardian ad litem, the legal custodian of the child, any foster parent, relative, or preadoptive parent providing care for the child, the guardian ad litem, if any, and any other person or agency the court may specify. Nothing in this provision shall be construed to make any foster parent, relative, or preadoptive parent a party to the proceeding solely based on receiving this notice and an opportunity to be heard.
(2)	If a guardian ad litem for the child has not been appointed previously by the court, the court, at the initial three-month review hearing, may appoint a guardian ad litem to represent the child. The court may continue the case for the time necessary for the guardian ad litem to become familiar with the facts of the case.
(3)	The department of social services shall deliver a written court summary to all counsel and unrepresented parties at least ten days before each review hearing.  The summary shall include the following:
1.	The child's eligibility for adoption subsidy;
2.	When adoptive parents have been identified, a schedule and description of steps to be taken to finalize the adoption;
3.	When adoptive parents have not been identified, a discussion of the department's efforts to locate an adoptive placement;
4.	What educational and other services the child is receiving; the child's present behaviors, and any changes in the child's placement since the last hearing; and
5.	The progress in the case since the last hearing and recommendations.
(4)	At least five days prior to the review hearing, there shall be a prehearing conference.  The Guardian ad Litem Program Administrator shall provide a written court summary to the director of social services, all counsel, and unrepresented parties at or before the prehearing conference.  The prehearing conference shall be conducted pursuant to the General Rules of Practice in the applicable district court, adopted pursuant to G.S. 7A-34.
(c)	The court in its review shall consider the following criteria and make written findings regarding those that are relevant:
(1)	The adequacy of the plan developed by the county department of social services or a licensed child-placing agency for a permanent placement relative to the child's best interest and the efforts of the department or agency to implement this plan;
(2)	Whether the child has been listed for adoptive placement with the North Carolina Adoption Resource Exchange, the North Carolina Photo Adoption Listing Service (PALS), or any other State, regional, and national adoption exchanges, including electronic exchange systems; and and
(3)	The efforts previously made by the department or agency to find a permanent home for the child.
(d)	The court, after making findings of fact, shall affirm the county department's or child-placing agency's plans or require specific additional steps which are necessary to accomplish a permanent placement which is in the best interests of the child.
(e)	If an adoption petition has been filed prior to the date scheduled for the review, written notice of the petition shall be given to the clerk to be placed in the court file and the review hearing shall be cancelled, with notice of the cancellation given by the clerk to all persons previously notified.
(f)	The process of selection of specific adoptive parents shall be the responsibility of and within the discretion of the county department of social services or licensed child-placing agency.  The guardian ad litem shall be given notice of any adoption selection meeting not less than 10 days prior to the meeting and shall receive information from the county department or child-placing agency concerning the the issues raised at the selection meeting.  The guardian ad litem shall be entitled to present any information relevant to the selection process at the adoption selection meeting.
(g)	The county department of social services shall file notice with the court within 10 days of specific adoptive parents being selected.  Within 10 days of the filing of the notice, the guardian ad litem may file a motion seeking review of the selection decision.  A hearing on the motion shall be held within 30 days.  The selection of adoptive parents by the county department of social services shall be upheld unless the court makes specific findings, by clear, cogent, and convincing evidence, that the county department's selection decision is not in the best interests of the child.
"§ 7B-1013.  Review of agency's plan for child placement.
(a)	The director of social services or the director of the licensed private child-placing agency shall promptly notify the clerk to calendar the case for review of the department's or agency's plan for the child at a session of court scheduled for the hearing of juvenile matters in any case where:
(1)	One parent has surrendered a child for adoption under the provisions of Part 7 of Article 3 of Chapter 48 of the General Statutes and the termination of parental rights proceedings have not been instituted against the non-surrendering parent within two months of the surrender by the other parent, or
(2)	Both parents have surrendered a child for adoption under the provisions of Part 7 of Article 3 of Chapter 48 of the General Statutes and that child has not been placed for adoption within three months from the date of the more recent parental surrender.
(b)	In any case where an adoption is dismissed or withdrawn and the child returns to foster care with a department of social services or a licensed private child-placing agency, then the department of social services or licensed child-placing agency shall notify the clerk within 30 days from the date the child returns to care to calendar the case for review of the agency's plan for the child at a session of court scheduled for the hearing of juvenile matters.
(c)	Notification of the court required under subsections (a) or (b) of this section shall be by a petition for review. The petition shall set forth the circumstances necessitating the review under subsections (a) or (b). The review shall be conducted within 30 days following the filing of the petition for review unless the court shall otherwise direct. The court shall conduct reviews every six months until the child is placed for adoption and the adoption petition is filed by the adoptive parents. The initial review and all subsequent reviews shall be conducted pursuant to G.S. 7B-1012.
"§ s A child placed under a voluntary agreement between the child's parent or guardian and the county department of social services shall not remain in placement more than 90 days without the filing of a petition alleging abuse, neglect, or dependency.  
							s"ARTICLE 11.
"Modification and Enforcement of Dispositional Orders; Appeals.
"§ t (a) Upon motion in the cause or petition, and after notice, the judge may conduct a review hearing to determine whether the order of the court is in the best interest of the child and the judge may modify or vacate the order in light of changes in circumstances or the needs of the child.
		 (b) In any case where the judge finds the child to be abused, neglected, or dependent, the jurisdiction of the court to modify any order or disposition made in the case shall continue during the minority of the child or until terminated by order of the court.
7Alservices
"§ a Upon motion of a proper party as defined in G.S. 7B-1103, review of any final order of the court in a juvenile matter under this Article shall be before the Court of Appeals. Notice of appeal shall be given in open court at the time of the hearing or in writing within 10 days after entry of the order. However, if no disposition is made within 60 days after entry of the order, written notice of appeal may be given within 70 days after such entry. A final order shall include:
(1)	Any order finding absence of jurisdiction;
(2)	Any order which in effect determines the action and prevents  a judgment from which appeal might be taken;
(3)	Any order of disposition after an adjudication that a child is abused, neglected, or dependent; or
(4)	Any order modifying custodial rights.
"§ An appeal may be taken by the child the child's parent, guardian, or custodian; the State or county agency. The State's appeal is limited to 
	any final order.
			"§ Pending disposition of an appeal, the return of the child to the child's parent, guardian, custodian, or caretaker, with or without conditions, should issue in every case unless the judge orders otherwise. For compelling reasons which must be stated in writing, the judge may enter a temporary order affecting the custody or placement of the child as the judge finds to be in the best interest of the juvenile or the State.  The provisions of subsections (b), (c), and (d) of G.S. 7B-1009 shall apply to any order entered under this section which provides for the placement or continued placement of a child in foster care.
"§ l Upon the affirmation of the order of adjudication or disposition of the court by the Court of Appeals or by the Supreme Court in the event of such an appeal, the judge may modify or alter the original order of adjudication or disposition as the judge finds to be in the best interest of the child to reflect any adjustment made by the child or change in circumstances during the  period of time the appeal was pending. If the modifying order is entered ex parte, the court shall give notice to interested parties to show cause within 10 days thereafter as to why the modifying order should be vacated or altered.
e "ARTICLE 12.
" Records and Social Reports in Cases of Abuse, Neglect, and Dependency.
"§  7B-1200.  Confidentiality of records.
(a)	The clerk of superior court shall maintain a complete record of all cases filed in the clerk's office alleging abuse, neglect, or dependency.  The record shall be withheld from public inspection and, except as provided in this subsection, may be examined only by order of the judge. The record shall include the summons, petition, custody order, court order, written motions, the electronic or mechanical recording of the hearing, and other papers filed in the proceeding. The recording of the hearing shall be reduced to a written transcript only when notice of appeal has been timely given. After the time for appeal has expired with no appeal having been filed, the recording of the hearing may be erased or destroyed upon the written order of the judge.
				(b)	The Director of the Department of Social Services shall maintain a record of the cases of children under protective custody by the Department or under placement by the court. This file shall include family background information; reports of social, medical, psychiatric, or psychological information concerning a child or the child's family; interviews with the child's family; or other information that the judge finds should be protected from public inspection in the best interests of the child.  The records maintained pursuant to this subsection may be examined only by order of the court, except that the child, the child's parent, guardian, custodian, caretaker, or the child's guardian ad litem may examine the record without the order of the judge.
	(e)			(c)	Disclosure of information concerning any child alleged to be within the jurisdiction of the court that would reveal the identity of that child is prohibited except that publication of pictures of runaways is permitted with the permission of the parents.
	(d)	The chief district court judge in each district shall designate by standing order certain agencies in the district as 'agencies authorized to share information'. Agencies so designated shall share with one another, upon request, information that is in their possession that is relevant to any case in which a petition is filed alleging that a child is abused, neglected, or dependent, and shall continue to do so until the child is no longer subject to the juvenile jurisdiction of the court. Agencies that may be designated as 'agencies authorized to share information' include local mental health facilities, local health departments, local departments of social services, local law enforcement agencies, local school administrative units, the district's district attorney's office, the Division of Juvenile Services of the Administrative Office of the Courts, and the Office of Guardian ad Litem Services of the Administrative Office of the Courts. Any information shared among agencies pursuant to this subsection shall remain confidential, shall be withheld from public inspection, and shall be used only for the protection of the child. Nothing in this section or any other provision of law shall preclude any other necessary sharing of information among agencies. Nothing herein shall be deemed to require the disclosure or release of any information in the possession of a district attorney.
	(e)	In the case of a child victim, a judge may order the sharing of information among such public agencies as the judge deems necessary to reduce the trauma to the child victim.
	(f)	Notwithstanding subsection (a) of this section, the court's entire record of a proceeding involving consent for an abortion on an unemancipated minor under Article 1A, Part 2 of Chapter 90 of the General Statutes is not a matter of public record, shall be maintained separately from any juvenile record, shall be withheld from public inspection, and may be examined only by order of the court, by the unemancipated minor, or by the unemancipated minor's attorney or guardian ad litem.
"§ 7B-1201.  Disclosure in child fatality or near fatality cases.
(a)	The following definitions apply in this section:
(1)	'Child fatality' means the death of a child from suspected abuse, neglect, or maltreatment.
(2)	'Findings and information' means a written summary, as allowed by subsections (c) through (f) of this section, of actions taken or services rendered by a public agency following receipt of information that a child might be in need of protection. The written summary shall include any of the following information the agency is able to provide:
a.	The dates, outcomes, and results of any actions taken or services rendered.
b.	The results of any review by the State Child Fatality Prevention Team, a local child fatality prevention team, a local community child protection team, the Child Fatality Task Force, or any public agency.
c.	Confirmation of the receipt of all reports, accepted or not accepted by the county department of social services, for investigation of suspected child abuse, neglect, or maltreatment, including confirmation that investigations were conducted, the results of the investigations, a description of the conduct of the most recent investigation and the services rendered, and a statement of basis for the department's decision.
(3)	'Near fatality' means a case in which a physician determines that a child is in serious or critical condition as the result of sickness or injury caused by suspected abuse, neglect, or maltreatment.
(4)	'Public agency' means any agency of State government or its subdivisions as defined in G.S. 132-1(a).
(b)	Notwithstanding any other provision of law and subject to the provisions of subsections (c) through (f) of this section, a public agency shall disclose to the public, upon request, the findings and information related to a child fatality or near fatality if:
(1)	A person is criminally charged with having caused the child fatality or near fatality; or
(2)	The district attorney has certified that a person would be charged with having caused the child fatality or near fatality but for that person's prior death.
(c)	Nothing herein shall be deemed to authorize access to the confidential records in the custody of a public agency, or the disclosure to the public of the substance or content of any psychiatric, psychological, or therapeutic evaluations or like materials or information pertaining to the child or the child's family unless directly related to the cause of the child fatality or near fatality, or the disclosure of information that would reveal the identities of persons who provided information related to the suspected abuse, neglect, or maltreatment of the child.
(d)	Within five working days from the receipt of a request for findings and information related to a child fatality or near fatality, a public agency shall consult with the appropriate district attorney and provide the findings and information unless the agency has a reasonable belief that release of the information:
(1)	Is not authorized by subsections (a) and (b) of this section;
(2)	Is likely to cause mental or physical harm or danger to a minor child residing in the deceased or injured child's household;
(3)	Is likely to jeopardize the State's ability to prosecute the defendant;
(4)	Is likely to jeopardize the defendant's right to a fair trial;
(5)	Is likely to undermine an ongoing or future criminal investigation; or
(6)	Is not authorized by federal law and regulations.
(e)	Any person whose request is denied may apply to the appropriate superior court for an order compelling disclosure of the findings and information of the public agency. The application shall set forth, with reasonable particularity, factors supporting the application. The superior court shall have jurisdiction to issue such orders. Actions brought pursuant to this section shall be set down for immediate hearing, and subsequent proceedings in such actions shall be accorded priority by the appellate courts. After the court has reviewed the specific findings and information, in camera, the court shall issue an order compelling disclosure unless the court finds that one or more of the circumstances in subsection (d) of this section exist.
(f)	Access to criminal investigative reports and criminal intelligence information of public law enforcement agencies, and confidential information in the possession of the State Child Fatality Prevention Team, the local teams, and the Child Fatality Task Force, shall be governed by G.S. 132-1.4 and G.S. 143-578 respectively. Nothing herein shall be deemed to require the disclosure or release of any information in the possession of a district attorney.
(g)	Any public agency or its employees acting in good faith in disclosing or declining to disclose information pursuant to this section shall be immune from any criminal or civil liability that might otherwise be incurred or imposed for such action.
(h)	Nothing herein shall be deemed to narrow or limit the definition of 'public records' as set forth in G.S. 132-1(a).
						" 			" 															7Ao 
	7Aa
7Aâ 
7At 
				7An 
"""""7Aâ 
		" 7Aâ 
	7Ac 
7Ai 
				] 
7Au 
							7Aà 
7Ae 
7Ae 
7Aa 
7Au 
7AeAdministrator
7Aasupplementary 
7Agor 
7Ae 
7Atprecluded
7AeCompact"
" . 
7Ar 
				7Aooutside 
		7Ae 
				" " 	" " 	" " 	" 			a"ARTICLE 13.
"Judicial Consent for Emergency Surgical or Medical Treatment.
"§ Ctreatment; procedure.
A child in need of emergency treatment under Article 1A of Chapter 90 of the North Carolina General Statutes, whose physician is barred from rendering necessary treatment by reason of parental refusal to consent to treatment, may receive this treatment with court authorization under the following procedure:
(1)	The physician shall sign a written statement setting out:
a.	The treatment to be rendered and the emergency need for treatment; and
b.	The refusal of the parent, guardian, or person standing in loco parentis to consent to the treatment; and
c.	The impossibility of contacting a second physician for a concurring opinion on the need for treatment in time to prevent immediate harm to the child.
(2)	Upon examining the physician's written statement prescribed in subsection (1) and finding:
a.	That the statement is in accordance with this Article, and
b.	That the proposed treatment is necessary to prevent immediate harm to the child.
	A judge may issue a written authorization for the proposed treatment to be rendered.
(3)	In acute emergencies in which time may not permit implementation of the written procedure set out in subsections (1) and (2), a judge may, in the judge's discretion, authorize treatment in person or by telephone upon receiving the oral statement of a physician satisfying the requirements of subsection (1) and upon finding that the proposed treatment is necessary to prevent immediate harm to the child.
(4)	A judge's authorization for treatment overriding parental refusal to consent should not be given without attempting to offer the parent an opportunity to state his reasons for refusal; however, failure of the judge to hear the parent's objections shall not invalidate judicial authorization under this Article.
(5)	A judge's authorization for treatment under subdivisions (1) and (2) of this subsection shall be issued in duplicate.  One copy shall be given to the treating physician and the other copy shall be attached to the physician's written statement and filed as a juvenile proceeding in the office of the clerk of superior court.
(6)	A judge's authorization for treatment under subsection (3) shall be reduced to writing as soon as possible, supported by the physician's written statement as prescribed in subsection (1) and shall be filed as prescribed in subsection (5).
A judge's authorization for treatment under this Article, shall have the same effect as parental consent for treatment.
Following a judge's authorization for treatment and after giving notice to the child's parent, the judge shall conduct a hearing in order to provide for payment for the treatment rendered.  The judge may order the parent or other responsible parties to pay the cost of this treatment.  If the judge finds the parent is unable to pay the cost of treatment, this cost shall be a charge upon the county when so ordered.
This Article shall operate as a remedy in addition to the provisions in G.S. 7B-1006.
		7Ao 
* 
7Aâ 7Ad 

Article 14.  Reserved for future codification."

PART II.  REWRITING OF THE LAW ON TERMINATION OF PARENTAL RIGHTS, OF CERTAIN PROVISIONS OF THE CHILD FATALITY TASK FORCE LAW, AND OF THE ADOPTION LAW.

Section 2.  Article 24B of Chapter 7A of the General Statutes reads as rewritten:
"ARTICLE 24B.
"Termination of Parental Rights.
"§ 7A-289.22. Legislative intent; construction of Article.
The General Assembly hereby declares as a matter of legislative policy with respect to termination of parental rights:
(1)	The general purpose of this Article is to provide judicial procedures for terminating the legal relationship between a child and the child's biological or legal parents when these parents have demonstrated that they will not provide the degree of care which promotes the healthy and orderly physical and emotional well-being of the child.
(2)	It is the further purpose of this Article to recognize the necessity for any child to have a permanent plan of care at the earliest possible age, while at the same time recognizing the need to protect all children from the unnecessary severance of a relationship with biological or legal parents.
(3)	Action which is in the best interests of the child should be taken in all cases where the interests of the child and those of the child's parents or other persons are in conflict.
(4)	This Article shall not be used to circumvent the provisions of Chapter 50A, the Uniform Child Custody Jurisdiction Act.
"§ 7A-289.23.  Jurisdiction.
The district court shall have exclusive original jurisdiction to hear and determine any petition relating to termination of parental rights to any child who resides in, is found in, or is in the legal or actual custody of a county department of social services or licensed child-placing agency in the district at the time of filing of the petition. The court shall have jurisdiction to terminate the parental rights of any parent irrespective of the age of the parent. 
		Provided that, before exercising jurisdiction under this Article the court shall find that it would have jurisdiction to make a child custody determination under the provisions of G.S. 50A-3. Provided further, that the clerk of superior court shall have jurisdiction for adoptions under the provisions of G.S. 48-2-100 and Chapter 48 of the General Statutes generally.
"§ 7A-289.23A.  Pending child abuse, neglect and dependency proceedings.
In any termination of parental of parental rights proceeding in which there is a pending child abuse, neglect or dependency proceeding for the same child, the petition for termination of parental rights may be filed as a motion in the pending child abuse, neglect and dependency proceeding.  Any parent who has been served in the pending child abuse, neglect, or dependency action in accordance with G.S. 7A-565 shall be served with the petition to terminate parental rights in accordance with G.S. 1A-1, Rule 5.
"§ 7A-289.23B.  Parent's right to and appointment of counsel.
(a)	The parent has the right to counsel and to appointed counsel in cases of indigency unless the parent waives the right.  The fees of appointed counsel shall be borne by the Administrative Office of the Courts.
(b)	When a petition to terminate parental rights is filed as a motion in a pending child abuse, neglect, or dependency action, any counsel representing a respondent parent pursuant to G.S. 7A-587 shall continue this representation through the termination of parental rights proceeding.
(c)	In addition to the right to appointed counsel set forth above, a guardian ad litem shall be appointed in accordance with the provisions of G.S. 1A-1, Rule 17, to represent a parent in the following cases:
(1)	Where it is alleged that a parent's rights should be terminated pursuant to G.S. 7A-289.32(7); or
(2)	Where the parent is under the age of 18 years.
The fees of the guardian ad litem shall be borne by the Administrative Office of the Courts when the court finds that the respondent is indigent.  In other cases the fees of the court appointed guardian ad litem shall be a proper charge against the respondent, if the respondent does not secure private legal counsel.
"§ 7A-289.24.  Who may petition.
(a)	A petition to terminate the parental rights of either or both parents to the minor child may only be filed by:
(1)	Either parent seeking termination of the right of the other parent; or
(2)	Any person who has been judicially appointed as the guardian of the person of the child; or
(3)	Any county department of social services, consolidated county human services agency, or licensed child-placing agency to whom custody of the child has been given by a court of competent jurisdiction; or
(4)	Any county department of social services, consolidated county human services agency, or licensed child-placing agency to which the child has been surrendered for adoption by one of the parents or by the guardian of the person of the child, pursuant to G.S. 48-9(a)(1); or
(5)	Any person with whom the child has resided for a continuous period of two years or more next preceding the filing of the petition; or
(6)	Any guardian ad litem appointed to represent the minor child pursuant to G.S. 7B-601 who has not been relieved of this responsibility; or
(7)	Any person who has filed a petition for adoption pursuant to Chapter 48 of the General Statutes.
(b) Any person or agency having the authority to file a petition pursuant to 7A-289.24(a) may intervene in a pending abuse, neglect, or dependency proceeding for the purpose of filing a petition to terminate parental rights.
"§ 7A-289.25. Petition.
The petition shall be verified by the petitioner and shall be entitled "In re (Last name of child), a minor child"; and shall set forth those of the following facts as are known; and with respect to the facts which are unknown the petitioner shall so state:
(1)	The name of the child as it appears on the child's birth certificate, the date and place of birth, and the county where the child is presently residing.
(2)	The name and address of the petitioner and facts sufficient to identify the petitioner as one entitled to petition under G.S. 7A-289.24.
(3)	The name and address of the parents of the child. If the name or address of one or both parents is unknown to the petitioner, the petitioner shall set forth with particularity the petitioner's efforts to ascertain the identity or whereabouts of the parent or parents. This information may be contained in an affidavit attached to the petition and incorporated therein by reference.
(4)	The name and address of any person appointed as guardian of the person of the child pursuant to the provisions of Chapter 35A of the General Statutes, or of G.S. 7A-585.
(5)	The name and address of any person or agency to whom custody  of the child has been given by a court of this or any other state; and a copy of this custody order shall be attached to the petition.
(6)	Facts which are sufficient to warrant a determination that one or more of the grounds for terminating parental rights exist.
(7)	That the petition has not been filed to circumvent the provisions of Chapter 50A, the Uniform Child Custody Jurisdiction Act.
"§ 7A-289.26.  Preliminary hearing; unknown parent.
(a)	If either the name or identity of any parent whose parental rights the petitioner seeks to terminate is not known to the petitioner, the court shall within 10 days from the date of filing of the petition, or during the next term of court in the county where the petition is filed if there is no court in the county in that 10-day period, conduct a preliminary hearing to ascertain the name or identity of the parent.
(b)	The court may, in its discretion, inquire of any known parent of the child concerning the identity of the unknown parent and may appoint a guardian ad litem for the unknown parent to conduct a diligent search for the parent. Should the court ascertain the name or identity of the parent, it shall enter a finding to that effect; and the parent shall be summoned to appear in accordance with G.S. 7A- 289.27.
(c)	Notice of the preliminary hearing need be given only to the petitioner who shall appear at the hearing; but the court may cause summons to be issued to any person directing that person to appear and testify.
(d)	If the court is unable to ascertain the name or identity of the unknown parent, the court shall order publication of notice of the termination proceeding and shall specifically order the place or places of publication and the contents of the notice which the court concludes is most likely to identify the child to the unknown parent. The notice shall be published in a newspaper qualified for legal advertising in accordance with G.S. 1-597 and 1-598 and published in the counties directed by the court, once a week for three successive weeks. Provided, further, the notice shall:
(1)	Designate the court in which the petition is pending;
(2)	Be directed to "the father (mother) (father and mother) of a male (female) child born on or about ......................in
(date)
....................County, ................................,
                                                  (city)
......................., respondent";
(State)
(3)	Designate the docket number and title of the case (the court may direct the actual name of the title be eliminated and the words "In Re Doe" substituted therefor);
(4)	State that a petition seeking to terminate the parental rights of the respondent has been filed;
(5)	Direct the respondent to answer the petition within 30 days after a date stated in the notice, exclusive of this date, which date so stated shall be the date of first publication of notice, and be substantially in the form as set forth in G.S. 1A-1, Rule 4(j1); and
(6)	State that the respondent's parental rights to the child will be terminated upon failure to answer the petition within the time prescribed.
Upon completion of the service, an affidavit of the publisher shall be filed with the court.
(e)	The court shall issue the order required by G.S. 7A-289.26(b) and (d) within 30 days from the date of the preliminary hearing unless the court shall determine that additional time for investigation is required.
(f)	Upon the failure of the parent served by publication pursuant to G.S. 7A-289.26(d) to answer the petition within the time prescribed, the court shall issue an order terminating all parental rights of the unknown parent.
"§ 7A-289.27.  Issuance of summons.
(a)	Except as provided in G.S. 7A-289.26 and G.S. 7A-289.23A, upon the filing of the petition, the court shall cause a summons to be issued, directed to the following persons or agency, not otherwise a party petitioner, who shall be named as respondents:
(1)	The parents of the child;
(2)	Any person who has been judicially appointed as guardian of the person of the child;
(3)	The custodian of the child appointed by a court of competent jurisdiction;
(4)	Any county department of social services or licensed child-placing agency to whom a child has been released by one parent pursuant to Part 7 of Article 3 of Chapter 48 of the General Statutes or any county department of social services to whom placement responsibility for the child has been given by a court of competent jurisdiction; and
(5)	The child, if the child is 12 years of age or older at the time the petition is filed.
Provided, no summons need be directed to or served upon any parent who has previously surrendered the child to a county department of social services or licensed child-placing agency, nor to any parent who has consented to the adoption of the child by the petitioner, nor to any parent or guardian who has been served pursuant to G.S. 7B-408 when the petition is being filed as a motion in the cause in a pending child abuse, neglect, or dependency proceeding pursuant to G.S. 289.23A. The summons shall notify the respondents to file a written answer within 30 days after service of the summons and petition. Service of the summons shall be completed as provided under the procedures established by G.S. 1A-1, Rule 4(j); but the parent of the child shall not be deemed to be under disability even though this parent is a minor.
(b)	The summons shall be issued for the purpose of terminating parental rights pursuant to the provisions of subsection (a) of this section and shall include:
(1)	The name of the minor child;
(2)	Notice that a written answer to the petition must be filed with the clerk who signed the petition within 30 days after service of the summons and a copy of the petition, or the parent's rights may be terminated;
(3)	Notice that if they are indigent, the parents are entitled to appointed counsel. The parents may contact the clerk immediately to request counsel;
(4)	Notice that this is a new case. Any attorney appointed previously will not represent the parents in this proceeding unless ordered by the court;
(5)	Notice that the date, time, and place of the hearing will be mailed by the clerk upon filing of the answer or 30 days from the date of service if no answer is filed;
(6)	Notice of the purpose of the hearing and notice that the parents may attend the termination hearing.
(c)	If a county department of social services that is not otherwise a party petitioner is served with a petition alleging that a parent's parental rights should be terminated pursuant to G.S. 7A-289.32, the department shall file a written answer and shall be considered a party to the proceeding.
"§ 7A-289.28.  Failure of respondents to answer or reply.
Upon the failure of the respondents to file a responsive pleading to the petition with the court within 30 days after service of the summons and petition, or within the time period established for a defendant's reply by G.S. 1A-1, Rule 4(j1)	if service is by publication, or within the time period established for a defendant's reply by G.S. 1A-1, Rule 5, if the petition is filed as a motion in the cause in a pending child abuse, neglect, or dependency proceeding, the court may issue an order terminating all parental and custodial rights of the respondent or respondents with respect to the child; provided the court shall order a hearing on the petition and may examine the petitioner or others on the facts alleged in the petition.
"§ 7A-289.29.  Answer of respondents.
(a)	Any respondent may file a responsive pleading to the petition. The responsive pleading shall admit or deny the allegations of the petition and shall set forth the name and address of the answering respondent or the respondent's attorney.
(b)	If a responsive pleading denies any material allegation of the petition, the court shall appoint a guardian ad litem for the child to represent the best interests of the child, unless the petition was filed by the guardian ad litem pursuant to G.S. 7A-289.24(6) or unless a guardian ad litem has been appointed pursuant to G.S. 7B-601. A licensed attorney shall be appointed to assist those guardians ad litem who are not attorneys licensed to practice in North Carolina. The appointment, duties and payment of the guardian ad litem shall be the same as in G.S. 7B-601 and G.S. 7B-603. 
(c)	In proceedings under this Article, the appointment of a guardian ad litem shall not be required except, as provided above, in cases in which a responsive pleading is filed denying material allegations, or as required under G.S. 7A-289.23, or in cases where the petition to terminate parental rights is a motion in the cause in a pending child abuse, neglect, or dependency proceeding and a guardian ad litem has been appointed pursuant to G.S. 7B-601, but the court may, in its discretion, appoint a guardian ad litem for a child, either before or after determining the existence of grounds for termination of parental rights, in order to assist the court in determining the best interests of the child.
(d)	If a guardian ad litem has previously been appointed for the child under G.S. 7B-601, the guardian ad litem appointed under G.S. 7B-601, and any attorney appointed to assist that guardian, shall also represent the child in all proceedings under this Article and shall have the duties and payment of a guardian ad litem appointed under this section.
"§ 7A-289.29A.  Prehearing conference.
(a)	The court shall convene a prehearing conference no more than 30 days after the date a responsive pleading is due, as set forth in G.S. 7A-289.28.
(b)	At the conference:
(1)	The court shall review the adequacy of notice and service of process;
(2)	The court shall advise unrepresented parties of their right to counsel and to appointment of counsel.  If any party requires counsel, the court may reconvene the conference to a later date;
(3)	The court shall establish a discovery plan and timetable;
(4)	The court shall hear prehearing motions if reasonable advance notice has been given to the parties and the court; and
(5)	The court shall estimate the length of the hearing and set the date of the hearing, which shall be held within 60 days of this conference unless the court makes specific findings as to why the hearing cannot be held within 60 days.
"§ 7A-289.30.  Adjudicatory hearing on termination.
(a)	The hearing on the termination of parental rights shall be conducted by the district court sitting without a jury. Reporting of the hearing shall be as provided by G.S. 7A-198 for reporting civil trials.
(a1)	The court shall inquire whether the child's parents are present at the hearing and, if so, whether they are represented by counsel. If the parents are not represented by counsel, the court shall inquire whether the parents desire counsel but are indigent. In the event that the parents desire counsel but are indigent as defined in G.S. 7A-450(a) and are unable to obtain counsel to represent them, the court shall appoint counsel to represent them. The court shall grant the parents the extension of time reasonable to permit their appointed counsel to prepare their defense to the termination petition. In the event that the parents do not desire counsel and are present at the hearing, the court shall examine each parent and make findings of fact sufficient to show that the waivers were knowing and voluntary. This examination shall be reported as provided in G.S. 7A- 198.
(b)	The court may, upon finding that reasonable cause exists, order the child to be examined by a psychiatrist, a licensed clinical psychologist, a physician, a public or private agency, or any other expert in order that the child's psychological or physical condition or needs may be ascertained or, in the case of a parent whose ability to care for the child is at issue, the court may order a similar examination of any parent of the child.
(c)	The court may for good cause shown continue the hearing for the time required for receiving additional evidence, any reports or assessments which the court has requested, or any other information needed in the best interest of the child.
(d)	The court shall take evidence, find the facts, and shall adjudicate the existence or nonexistence of any of the circumstances set forth in G.S. 7A-289.32 which authorize the termination of parental rights of the respondent.
(e)	The burden shall be on the petitioner to prove the facts justifying the termination by clear, cogent, and convincing evidence. No privilege except the attorney-client privilege shall be grounds for excluding any evidence regarding the existence or nonexistence of any circumstance authorizing the termination of parental rights, both as the privilege relates to the competency of the witness and to the exclusion of confidential communications.
"§ 7A-289.31.  Disposition.
(a)	Should the court determine that any one or more of the conditions authorizing a termination of the parental rights of a parent exist, the court shall issue an order terminating the parental rights of the parent with respect to the child unless the court shall further determine that the best interests of the child require that the parental rights of the parent not be terminated.
(b)	Should the court conclude that irrespective of the existence of one or more circumstances authorizing termination of parental rights, the best interests of the child require that these rights should not be terminated, the court shall dismiss the petition, but only after setting forth the facts and conclusions upon which this dismissal is based.
(c)	Should the court determine that circumstances authorizing termination of parental rights do not exist, the court shall dismiss the petition, making appropriate findings of fact and conclusions.
		(d) Counsel for the petitioner shall serve a copy of the termination of parental rights order upon the guardian ad litem for the child, if any, and upon the child if the child is 12 years of age or older.
	(e) The court may tax the cost of the proceeding to any party.
"§ 7A-289.32.  Grounds for terminating parental rights.
The court may terminate the parental rights upon a finding of one or more of the following:
		 (1)The parent has abused or neglected the child.
	 The child shall be deemed to be abused or neglected if the court finds the child to be an abused child within the meaning of G.S. 7B-101, or a neglected child within the meaning of G.S. 7B-101.
(3)	The parent has willfully left the child in foster care or placement outside the home for more than 12 months without showing to the satisfaction of the court that reasonable progress under the circumstances has been made within 12 months in correcting those conditions which led to the removal of the child. Provided, however, that no parental rights shall be terminated for the sole reason that the parents are unable to care for the child on account of their poverty.
	(4)	The child has been placed in the custody of a county Department of Social Services, a licensed child-placing agency, a child-caring institution, or a foster home, and the parent, for a continuous period of six months next preceding the filing of the petition, has willfully failed for this period to pay a reasonable portion of the cost of care for the child although physically and financially able to do so.
(5)	One parent has been awarded custody of the child by judicial decree, or has custody by agreement of the parents, and the other parent whose parental rights are sought to be terminated has for a period of one year or more next preceding the filing of the petition willfully failed without justification to pay for the care, support, and education of the child, as required by the decree or custody agreement.
(6)	The father of a child born out of wedlock has not prior to the filing of a petition to terminate the father's parental rights:
a.	Established paternity judicially or by affidavit which has been filed in a central registry maintained by the Department of Health and Human Services; provided, the court shall inquire of the Department of Health and Human Services as to whether an affidavit has been so filed and shall incorporate into the case record the Department's certified reply; or
b.	Legitimated the child pursuant to provisions of G.S. 49-10, or filed a petition for this specific purpose; or
c.	Legitimated the child by marriage to the mother of the child; or
d.	Provided substantial financial support or consistent care with respect to the child.
(7)	The parent is incapable of providing for the proper care and supervision of the child, such that the child is a dependent child within the meaning of G.S. 7B-101, and that there is a reasonable probability that this incapability will continue for the foreseeable future. Incapability under this subdivision may be the result of substance abuse, mental retardation, mental illness, organic brain syndrome, or any other similar cause or condition.
(8)	The parent has willfully abandoned the child for at least six consecutive months immediately preceding the filing of the petition. For the purpose of this subdivision, a child may be willfully abandoned by the child's natural father if the mother of the child had been willfully abandoned by and was living separate and apart from the father at the time of the child's birth, although the father may not have known of the birth; but in any event the child must be over the age of three months at the time of the filing of the petition.
(9)	The parent has committed murder or voluntary manslaughter of another child of the parent or has aided or abetted such a murder or voluntary manslaughter; has aided or abetted in committing, or attempted, conspired, or solicited to commit, the murder or voluntary manslaughter of the child or another child of the parent; or has committed felony assault that results in serious bodily injury to the child or another child of the parent.
(10)	The parent is imprisoned when the petition is filed and is unlikely to be released for a period of five or more years from the date the petition is filed.
(11)	A court of competent jurisdiction has terminated parental rights with respect to another child of the parent and the parent lacks the ability or the willingness to establish a safe home.
"§ 7A-289.33.  Effects of termination order.
An order terminating the parental rights completely and permanently terminates all rights and obligations of the parent to the child and of the child to the parent, arising from the parental relationship, except that the child's right of inheritance from the parent shall not terminate until the time that a final order of adoption is issued. The parent is not thereafter entitled to notice of proceedings to adopt the child and may not object thereto or otherwise participate therein.
(1)	If the child had been placed in the custody of or released for adoption by one parent to, a county department of social services or licensed child-placing agency and is in the custody of the agency at the time of the filing of the petition, including a petition filed pursuant to G.S. 7A-289.24(6), that agency shall, upon entry of the order terminating parental rights, acquire all of the rights for placement of the child as the agency would have acquired had the parent whose rights are terminated released the child to that agency pursuant to the provisions of Part 7 of Article 3 of Chapter 48 of the General Statutes, including the right to consent to the adoption of the child.
(2)	Except as provided in subdivision (1) above, upon entering an order terminating the parental rights of one or both parents, the court may place the child in the custody of the petitioner, or some other suitable person, or in the custody of the Department of Social Services or licensed child-placing agency, as may appear to be in the best interest of the child.
"§ 7A-289.34.  Appeals; modification of order after affirmation.
Any child, parent, guardian, custodian, or agency who is a party to a proceeding under this Article may appeal from an adjudication or any order of disposition to the Court of Appeals, provided that notice of appeal is given in open court at the time of the hearing or in writing within 10 days after the hearing. Pending disposition of an appeal, the court may enter a temporary order affecting the custody or placement of the child that the court finds to be in the best interest of the child or the best interest of the State. Upon the affirmation of the order of adjudication or disposition of the district court in a juvenile case by the Court of Appeals, or by the Supreme Court in the event of such an appeal, the district court may modify or alter its original order of adjudication or disposition as the court finds to be in the best interest of the child.  This modification shall reflect any adjustment made by the child or change in circumstances during the period of time the case on appeal was pending. If the modifying order is entered ex parte, the court shall give notice to interested parties to show cause, if any there be, within 10 days thereafter, as to why the modifying order should be vacated or altered.
*." "
Section 3. (a) G.S. 143-576.1 reads as rewritten:
"§ 143-576.1.  Community Child Protection Teams; Child Fatality Prevention Teams; creation and duties.
(a)	Community Child Protection Teams are established in every county of the State.  Each Community Child Protection Team shall:
(1)	Review, in accordance with the procedures established by the director of the county department of social services under G.S. 143-576.4:
a.	Selected active cases in which children are being served by child protective services; 
b.	Cases in which a child died as a result of suspected abuse or neglect, and
1.	A report of abuse or neglect has been made about the child or the child's family to the county department of social services within the previous 12 months, or
2.	The child or the child's family was a recipient of child protective services within the previous 12 months;
c.	Cases in which the director of the department of social services has decided not to file a petition and the person making the report has appealed the director's decision in accordance with G.S. 7B-305.  The Team shall review the case and submit a report and recommendations to the Disctrict Attorney within 20 days of the appeal by the person reporting.  The Team may recommend that the District Attorney:
1.	Affirm the case decision of the director not to file a petition;
2.	Request the appropriate law enforcement agency to investigate the allegations; or
3.	Direct the director to file a petition;
d.	Selected cases when the second or subsequent substantiated report of abuse, neglect, or dependency occurs without the director's filing a petition;
e.	Selected cases when the department of social services has substantiated a report of abuse, neglect, or dependency and has provided services for a period longer than 12 months from the time the investigative assessment was completed, without the director's filing a petition; and
f.	Selected cases when the county department of social services has not completed the investigative assessment within the 30 days of the complaint, as required by G.S. 7A-544.1; and
(2)	Submit annually to the board of county commissioners recommendations, if any, and advocate for system improvements and needed resources where gaps and deficiencies may exist.
In addition, each Community Child Protection Team may review the records of all additional child fatalities and report findings in connection with these reviews to the Team Coordinator.
(b)	Any Community Child Protection Team that determines it will not review additional child fatalities shall notify the Team Coordinator.  In accordance with the plan established under G.S. 143-576.3(1), a separate Child Fatality Prevention Team shall be established in that county to conduct these reviews.  Each Child Fatality Prevention Team shall:
(1)	Review the records of all cases of additional child fatalities.
(2)	Submit annually to the board of county commissioners recommendations, if any, and advocate for system improvements and needed resources where gaps and deficiencies may exist.
(3)	Report findings in connection with these reviews to the Team Coordinator.
(c)	All reports to the Team Coordinator under this section shall include:
(1)	A listing of the system problems identified through the review process, and recommendations for preventive actions;
(2)	Any changes that resulted from the recommendations made by the Local Team;
(3)	Information about each death reviewed; and
(4)	Any additional information requested by the Team Coordinator."
(b) G.S. 143-576.2 reads as rewritten:
"§ 143-576.2.  Local Teams; composition.
(a)	Each Local Team shall consist of representatives of public and nonpublic agencies in the community that provide services to children and their families and other individuals who represent the community. No single team shall encompass a geographic or governmental area larger than one county.
(b)	Each Local Team shall consist of the following persons:
(1)	The director of the county department of social services, and a member of the director's staff;
(2)	A local law enforcement officer, appointed by the board of county commissioners;
(3)	An attorney from the district attorney's office, appointed by the district attorney;
(4)	The executive director of the local community action agency, as defined by the Department of Health and Human Services, or the executive director's designee;
(5)	The superintendent of each local school administrative unit located in the county, or the superintendent's designee;
(6)	A member of the county board of social services, appointed by the chair of that board;
(7)	A local mental health professional, appointed by the director of the area authority established under Chapter 122C of the General Statutes;
(8)	The local guardian ad litem coordinator, or the coordinator's designee;
(9)	The director of the local department of public health; and
(10)	A local health care provider, appointed by the local board of health.
(b1)	In addition, a Local Team that reviews the records of additional child fatalities shall include the following four additional members:
(1)	An emergency medical services provider or firefighter, appointed by the board of county commissioners;
(2)	A district court judge, appointed by the chief district judge in that district;
(3)	A county medical examiner, appointed by the Chief Medical Examiner;
(4)	A representative of a local child care facility or Head Start program, appointed by the director of the county department of social services; and
(5)	A parent of a child who died before reaching the child's eighteenth birthday, to be appointed by the board of county commissioners.
(b2)	The Team Coordinator shall serve as an ex officio member of each Local Team that reviews the records of additional child fatalities. The board of county commissioners may appoint a maximum of five additional members to represent county agencies or the community at large to serve on any Local Team. Vacancies on a Local Team shall be filled by the original appointing authority.
(c)	Each Local Team shall elect a member to serve as chair at the Team's pleasure.  Neither the director of the local department of social services nor any member of the director's staff shall serve as the chair of the Team.
(d)	Each Local Team shall meet at least six times each year.
(e)	The director of the local department of social services shall call the first meeting of the Community Child Protection Team. The director of the local department of health, upon consultation with the Team Coordinator, shall call the first meeting of the Child Fatality Prevention Team. Thereafter, the chair of each Local Team shall schedule the time and place of meetings, in consultation with these directors, and shall prepare the agenda. The chair shall schedule Team meetings no less often than once every other month and often enough to allow adequate review of the cases selected for review. Within three months of election, the chair shall participate in the appropriate training developed under this Article."
Section 4. (a) G.S. 48-1-101 is amended by inserting a new subdivision to read:
"(5a)	'Criminal history' means a county, State, or federal criminal history of conviction or a pending indictment of a crime, whether a misdemeanor or a felony, that bears upon an individual's fitness to have responsibility for the safety and well-being of children, including the following North Carolina crimes contained in any of the following Articles of Chapter 14 of the General Statutes:  Article 6, Homicide; Article 7A, Rape and Kindred Offenses; Article 8, Assaults; Article 10, Kidnapping and Abduction; Article 13, Malicious Injury or Damage by Use of Explosive or Incendiary Device or Material; Article 26, Offenses Against Public Morality and Decency; Article 27, Prostitution; Article 39, Protection of Minors; Article 40, Protection of the Family; and Article 59, Public Intoxication.  Such crimes also include possession or sale of drugs in violation of the North Carolina Controlled Substances Act, Article 5 of Chapter 90 of the General Statutes, and alcohol-related offenses such as sale to underage persons in violation of G.S. 18B-302 or driving while impaired in violation of G.S. 20-138.1 through G.S. 20-138.5.  In addition to the North Carolina crimes listed in this subsection, such crimes also include similar crimes under federal law or under the laws of any other state."
(b) G.S. 48-3-203 is amended by inserting a new subsection to read:
"( d1)	A minor who is in the custody or placement responsibility of a county department of social services shall not be placed with a selected prospective adoptive parent prior to the completion of an investigation of the individual's criminal history pursuant to G.S. 48-3-309 or G.S. 131D-10.3A and, based on the criminal history, a determination as to the individual's fitness to have responsibility for the safety and well-being of children."
(c)	G.S. 48-3-303(d) reads as rewritten:
"(d)	The agency shall conduct an investigation for any criminal record as permitted by law.  If a prospective adoptive parent is seeking to adopt a minor who is in the custody or placement responsibility of a county department of social services, this county department of social services shall have the individual's criminal history investigated pursuant to G.S. 48-3-309, and based on the criminal history, make a determination pursuant to subsection (e) of this section as to the individual's fitness to have responsibility for the safety and well-being of children."
(d) Chapter 48 of the General Statutes is amended by adding a new section to read:
"§ 48-3-309.  Mandatory preplacement criminal checks of prospective adoptive parents seeking to adopt a minor who is in the custody or placement responsibility of a county department of social services.
(a)	Effective January 1, 1999, the Department shall ensure that the criminal histories of all prospective adoptive parents seeking to adopt a minor who is in the custody or placement responsibility of a county department of social services are checked prior to placement and, based on the criminal history, a determination is made as to the individual's fitness to have responsibility for the safety and well-being of children.  The Department shall ensure that, as of the effective date of this act, all prospective adoptive parents seeking to adopt a minor who is in the custody or placement responsibility of a county department of social services are checked prior to placement for county, State, and federal criminal histories.
(b)	A county department of social services may issue an unfavorable preplacement assessment to a prospective adoptive parent if the county department of social services determines pursuant to G.S. 48-3-303(e) that the individual is unfit to have responsibility for the safety and well-being of children based on the criminal history.
(c)	The Department of Justice shall provide to the Department of Health and Human Services the criminal history of such a prospective adoptive parent obtained from the State and National Repositories of Criminal Histories as requested by the Department.  The Department shall provide to the Department of Justice, along with the request, the fingerprints of the prospective adoptive parent to be checked, any additional information required by the Department of Justice, and a form consenting to the check of the criminal record and to the use of fingerprints and other identifying information required by the State or National Repositories signed by the individual to be checked.  The fingerprints of the prospective adoptive parent shall be forwarded to the State Bureau of Investigation for a search of the State's criminal history record file, and the State Bureau of Investigation shall forward a set of fingerprints to the Federal Bureau of Investigation for a national criminal history record check.
(d)	At the time of the request for a preplacement assessment or at a subsequent time prior to placement, a prospective adoptive parent whose criminal history is to be checked shall be furnished with a statement substantially similar to the following:

'NOTICE
MANDATORY CRIMINAL HISTORY CHECK
NORTH CAROLINA LAW REQUIRES THAT A CRIMINAL HISTORY CHECK BE CONDUCTED PRIOR TO PLACEMENT ON PROSPECTIVE ADOPTIVE PARENTS SEEKING TO ADOPT A MINOR WHO IS IN THE CUSTODY OR PLACEMENT RESPONSIBILITY OF A COUNTY DEPARTMENT OF SOCIAL SERVICES.

'Criminal history' includes any county, state, and federal convictions or pending indictments of any of the following crimes:  the following Articles of Chapter 14 of the General Statutes:  Article 6, Homicide; Article 7A, Rape and Kindred Offenses; Article 8, Assaults; Article 10, Kidnapping and Abduction; Article 13, Malicious Injury or Damage by Use of Explosive or Incendiary Device or Material; Article 26, Offenses Against Public Morality and Decency; Article 27, Prostitution; Article 39, Protection of Minors; Article 40, Protection of the Family; and Article 59, Public Intoxication; violation of the North Carolina Controlled Substances Act, Article 5 of Chapter 90 of the General Statutes, and alcohol-related offenses such as sale to underage persons in violation of G.S. 18B-302 or driving while impaired in violation of G.S. 20-138.1 through G.S. 20-138.5; or similar crimes under federal law or under the laws of other states.  Your fingerprints will be used to check the criminal history records of the State Bureau of Investigation (SBI) and the Federal Bureau of Investigation (FBI).

If it is determined, based on your criminal history, that you are unfit to have responsibility for the safety and well-being of children, you shall have the opportunity to complete, or challenge the accuracy of, the information contained in the SBI or FBI identification records.

If you are denied a favorable preplacement assessment by a county department of social services as a result of the criminal history check, you may request a review of the assessment pursuant G.S. 48-3-308(a).

Any prospective adoptive parent who intentionally falsifies any information required to be furnished to conduct the criminal history is guilty of a Class 2 misdemeanor.'

Refusal to consent to a criminal history check is grounds for the issuance by a county department of social services of an unfavorable preplacement assessment.  Any prospective adoptive parent who intentionally falsifies any information required to be furnished to conduct the criminal history is guilty of a Class 2 misdemeanor.
(e)	The Department shall notify the prospective adoptive parent's supervising county department of social services of the results of the criminal history check in accordance with the federal and state law regulating the dissemination of the contents of the criminal history file.  The Department shall not release nor disclose any portion of the prospective adoptive parent's criminal history to the prospective adoptive parent.  The Department shall also ensure that the prospective adoptive parent is notified of the prospective adoptive parent's right to review the criminal history information, the procedure for completing or challenging the accuracy of the criminal history, and the prospective adoptive parent's right to contest the preplacement assessment of the county department of social services.
A prospective adoptive parent who disagrees with the preplacement assessment of the county department of social services may request a review of the assessment pursuant to G.S. 48-3-308(a).
(f)	All the information that the Department receives through the checking of the criminal history is privileged information and is not a public record but is for the exclusive use of the Department and those persons authorized under this section to receive the information.  The Department may destroy the information after it is used for the purposes authorized by this section after one calendar year.
(g)	There is no liability for negligence on the part of a State or local agency, or the employees of a State or local agency, arising from any action taken or omission by any of them in carrying out the provisions of this section.  The immunity established by this subsection shall not extend to gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable.  The immunity established by this subsection shall be deemed to have been waived to the extent of indemnification by insurance, indemnification under Article 31A of Chapter 143 of the General Statutes, and to the extent sovereign immunity is waived under the Tort Claims Act, as set forth in Article 31 of Chapter 143 of the General Statutes.
(h)	The Department of Justice shall perform the State and national criminal history checks on prospective adoptive parents seeking to adopt a minor in the custody or placement responsibility of a county department of social services and shall charge the Department of Health and Human Services a reasonable fee only for conducting the checks of the national criminal history records authorized by this section.  The Division of Social Services, Department of Health and Human Services, shall bear the costs of implementing this section."
(e)  Chapter 114 of the General Statutes is amended by adding a new section to read:
"§ 114-4-19.7.  Criminal record checks prior to placement of prospective adoptive parents seeking to adopt a minor who is in the custody or placement responsibility of a county department of social services.
The Department of Justice may provide to the Division of Social Services, Department of Health and Human Services, the criminal history from the State and National Repositories of Criminal Histories as defined in G.S. 48-1-101(5a).  The Division shall provide to the Department of Justice, along with the request, the fingerprints of the prospective adoptive parent seeking to adopt a minor who is in the custody or placement responsibility of a county department of social services, any additional information required by the Department of Justice, and a form consenting to the check of the criminal record and to the use of fingerprints and other identifying information required by the State or National Repositories signed by the individual to be checked.  The fingerprints of the prospective adoptive parent shall be forwarded to the State Bureau of Investigation for a search of the State's criminal history record file, and the State Bureau of Investigation shall forward a set of fingerprints to the Federal Bureau of Investigation for a national criminal history record check.  The Division shall keep all information pursuant to this section privileged, as provided in G.S. 48-3-309(f).  The Department of Justice shall charge a reasonable fee only for conducting the checks of the national criminal history records authorized by this section."

PART III.  RECODIFICIATION AND REWRITING OF THE LAW OF UNDISCIPLINED AND DELINQUENT JUVENILES, AS RECOMMENDED BY THE GOVERNOR'S COMMISSION ON JUVENILE CRIME AND JUSTICE, AND OF THE EMANCIPATION LAW, WHICH APPLIES BOTH TO ABUSED, NEGLECTED, AND DEPENDENT CHILDREN AND TO UNDISCIPLINED AND DELINQUENT JUVENILES. 

Section 5.  Chapter 7B of the General Statutes, created in Section 1 of this act and titled "The Juvenile Code", is amended by adding two new Subchapters to read:
"SUBCHAPTER II. UNDISCIPLINED AND DELINQUENT JUVENILES.
"ARTICLE 15.
"Purposes; Definitions.
"§ 7B-1500.  Purpose.
This Subchapter shall be interpreted and construed so as to implement the following purposes and policies:
(1)	To protect the public from acts of delinquency.
(2)	To deter delinquency and crime, including patterns of repeat offending:
a.	By providing swift, effective sanctions that emphasize the juvenile offender's accountability for the juvenile's actions; and
b.	By providing appropriate rehabilitative services to juveniles and their families.
(3)	To provide an effective system of intake services for the screening and evaluation of complaints and, in appropriate cases, where court intervention is not necessary to ensure public safety, to refer juveniles to community-based resources.
(4)	To provide uniform procedures that assure fairness and equity; that protect the constitutional rights of juveniles, parents, and victims; and that encourage the court and others involved with juvenile offenders to proceed with all possible speed in making and implementing determinations required by this Subchapter.
"§ 7B-1501.  Definitions.
In this Subchapter, unless the context clearly requires otherwise, the following words have the listed meanings:
(1)	Administrator. – The Administrator of the Division of Juvenile Services in the Administrative Office of the Courts who is responsible for planning, organizing, and administering a statewide system of juvenile probation and post-release supervision as authorized by this Subchapter.
(2)	Chief court counselor. – The person responsible for administration and supervision of juvenile intake, probation, and post-release supervision in each judicial district, operating under the supervision of the Administrator of the Division of Juvenile Services.
(3)	Clerk. – Any clerk of superior court, acting clerk, or assistant or deputy clerk.
(4)	Community-based program. – A program providing nonresidential or residential treatment to a juvenile under the jurisdiction of the juvenile court in the community where the juvenile's family lives.  A community-based program may include specialized foster care, family counseling, shelter care, and other appropriate treatment.
(5)	Court. – The district court division of the General Court of Justice.
(6)	Court counselor. – A person responsible for probation and post-release supervision to juveniles under the supervision of the chief court counselor.
(7)	Custodian. – The person or agency that has been awarded legal custody of a juvenile by a court.
(8)	Delinquent juvenile. – Any juvenile who, while less than 16 years of age but at least 6 years of age, commits a crime or infraction under State law or under an ordinance of local government, including violation of the motor vehicle laws.
(9)	Department. – The North Carolina Department of Health and Human Services.
(10)	Detention. – The secure confinement of a juvenile pursuant to a court order.
(11)	Detention facility. – A facility authorized to provide secure confinement and care for juveniles.  Detention facilities include both State and locally administered detention homes, centers, and facilities.
(12)	Director of the Division of Youth Services. – The person responsible for the supervision of the administration of institutional and detention services.
(13)	District. – Any district court district as established by G.S. 7A-133.
(14)	Division of Juvenile Services. – The Division of Juvenile Services of the Administrative Office of the Courts.
(15)	Division of Youth Services. – The Division of Youth Services of the Department of Health and Human Services.
(16)	Extended jurisdiction. – Juvenile court jurisdiction, pursuant to a court order, over a person who is at least 18 years of age and has not reached the person's nineteenth birthday.
(17)	Holdover facility. – A place in a jail which has been approved by the Department of Health and Human Services 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.
(18)	House arrest. – A requirement that the juvenile remain at the juvenile's residence unless the court or the juvenile court counselor authorizes the juvenile to leave for specific purposes such as employment, counseling, a course of study, or vocational training.  The juvenile may be required to wear a device that permits the supervising agency to monitor electronically the juvenile's compliance.
(19)	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.
(20)	Intake counselor. – A person who screens and evaluates a complaint alleging that a juvenile is delinquent or undisciplined to determine whether the complaint should be filed as a petition.
(21)	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 the juvenile's home state, and codified in Article 28 of this Chapter.
(22)	Judge. – Any district court judge.
(23)	Judicial district. – Any district court district as established by G.S. 7A-133.
(24)	Juvenile. –  Except as provided in subdivisions (8) and (32) of this section, any person who has not reached the person's eighteenth birthday and is not married, emancipated, or a member of the armed services of the United States.  Wherever the term 'juvenile' is used with reference to rights and privileges, that term encompasses the attorney for the juvenile as well.
(25)	Juvenile court. – Any district court exercising jurisdiction pursuant to this Chapter.
(26)	Petitioner. – The individual who initiates court action by the filing of a petition or a motion for review alleging the matter for adjudication.
(27)	Post-release supervision. – The supervision of a juvenile who has been returned to the community after having been committed to the Division of Youth Services.
(28)	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.
(29)	Prosecutor. – The district attorney or assistant district attorney assigned by the district attorney to juvenile proceedings.
(30)	Secretary. – The Secretary of the Department of Health and Human Services.
(31)	Teen court program. – A community resource for the diversion of cases in which a juvenile has allegedly committed certain offenses not involving violence or personal injury for hearing by a jury of the juvenile's peers, which may assign the juvenile to counseling, restitution, curfews, community service, or other rehabilitative measures.
(32)	Undisciplined juvenile. –
a.	A juvenile who, while less than 16 years of age but at least 6 years of age, is unlawfully absent from school; or is regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian; or is regularly found in places where it is unlawful for a juvenile to be; or has run away from home; or
b.	A juvenile who is 16 or 17 years of age and who is regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian; or is regularly found in places where it is unlawful for a juvenile to be; or has run away from home.
(33)	Wilderness program. – A rehabilitative residential treatment program in a rural or outdoor setting.
The singular includes the plural, unless otherwise specified.
"ARTICLE 16.
"Jurisdiction.
"§ 7B-1600.  Jurisdiction over undisciplined juveniles.
(a)	The court has exclusive, original jurisdiction over any case involving a juvenile who is alleged to be undisciplined. For purposes of determining jurisdiction, the age of the juvenile at the time of the alleged offense governs.
(b)	When the court obtains jurisdiction over a juvenile under this section, jurisdiction shall continue until terminated by order of the court, the juvenile reaches the age of 18 years, or the juvenile is emancipated.
(c)	The court has jurisdiction over the parent, guardian, or custodian of a juvenile who is under the jurisdiction of the court pursuant to this section, if the parent, guardian, or custodian has been served with a summons pursuant to G.S. 7B-1805.
"§ 7B-1601.  Jurisdiction over delinquent juveniles.
(a)	The court has exclusive, original jurisdiction over any case involving a juvenile who is alleged to be delinquent. For purposes of determining jurisdiction, the age of the juvenile at the time of the alleged offense governs.
(b)	When the court obtains jurisdiction over a juvenile alleged to be delinquent, jurisdiction shall continue until terminated by order of the court or until the juvenile reaches the age of 18 years, except as provided otherwise in this Article.
(c)	When delinquency proceedings cannot be concluded before the juvenile reaches the age of 18 years, the court retains jurisdiction for the sole purpose of conducting proceedings pursuant to Article 22 of this Chapter and either transferring the case to superior court for trial as an adult or dismissing the petition.
(d)	When the court has not obtained jurisdiction over a juvenile before the juvenile reaches the age of 18, for a felony and any related misdemeanors the juvenile allegedly committed on or after the juvenile's thirteenth birthday and prior to the juvenile's sixteenth birthday, the court has jurisdiction for the sole purpose of conducting proceedings pursuant to Article 22 of this Chapter and either transferring the case to superior court for trial as an adult or dismissing the petition.
(e)	The court has jurisdiction over delinquent juveniles in the custody of the Division of Youth Services and over proceedings to determine whether a juvenile who is under the post-release supervision of the court counselor has violated the terms of the juvenile's post-release supervision.
(f)	The court has jurisdiction over persons 18 years of age or older who are under the extended jurisdiction of the juvenile court.
(g)	The court has jurisdiction over the parent, guardian, or custodian of a juvenile who is under the jurisdiction of the court pursuant to this section if the parent, guardian, or custodian has been served with a summons pursuant to G.S. 7B-1805.
"§ 7B-1602.  Extended jurisdiction over a delinquent juvenile under certain circumstances.
If the court orders that jurisdiction be extended pursuant to G.S. 7B-2513, jurisdiction over a juvenile shall continue after the juvenile reaches the age of 18 years until (i)	jurisdiction is terminated by order of the court or (ii) the juvenile reaches the age of 19 years.
"§ 7B-1603.  Jurisdiction in certain circumstances.
The court has exclusive original jurisdiction of the following proceedings:
(1)	Proceedings under the Interstate Compact on the Placement of Children set forth in Article 38 of this Chapter;
(2)	Proceedings involving judicial consent for emergency surgical or medical treatment for a juvenile when the juvenile's parent, guardian, custodian, or other person standing in loco parentis refuses to consent for treatment to be rendered; and
(3)	Proceedings to determine whether a juvenile should be emancipated.
"§ 7B-1604.  Limitations on juvenile court jurisdiction.
(a)	Any juvenile, including a juvenile who is under the jurisdiction of the court, who commits a criminal offense after the juvenile's sixteenth birthday is subject to prosecution as an adult.  A juvenile who is emancipated shall be prosecuted as an adult for the commission of a criminal offense.
(b)	A juvenile who is transferred to and convicted in superior court shall be prosecuted as an adult for any criminal offense the juvenile commits after the superior court conviction.
"ARTICLE 17.
"Screening of Delinquency and Undisciplined Complaints.
"§ 7B-1700.  Intake services.
The chief court counselor, under the direction of the Administrator of the Division of Juvenile Services, shall establish intake services in each judicial district of the State for all delinquency and undisciplined cases.
The purpose of intake services shall be to determine from available evidence whether there are reasonable grounds to believe the facts alleged are true, to determine whether the facts alleged constitute a delinquent or undisciplined offense within the jurisdiction of the court, to determine whether the facts alleged are sufficiently serious to warrant court action, and to obtain assistance from community resources when court referral is not necessary. The intake counselor shall not engage in field investigations to substantiate complaints or to produce supplementary evidence but may refer complainants to law enforcement agencies for those purposes.
"§ 7B-1701.  Preliminary inquiry.
When a complaint is received, the intake counselor shall make a preliminary determination as to whether the juvenile is within the jurisdiction of the court as a delinquent or undisciplined juvenile. If the intake counselor finds that the facts contained in the complaint do not state a case within the jurisdiction of the court, that legal sufficiency has not been established, or that the matters alleged are frivolous, the intake counselor, without further inquiry, shall refuse authorization to file the complaint as a petition.
When requested by the intake counselor, the prosecutor shall assist in determining the sufficiency of evidence as it affects the quantum of proof and the elements of offenses.
The intake counselor, without further inquiry, shall authorize the complaint to be filed as a petition if the intake counselor finds reasonable grounds to believe that the juvenile has committed one of the following nondivertible offenses:
(1)	Murder;
(2)	First-degree rape or second degree rape;
(3)	First-degree sexual offense or second degree sexual offense;
(4)	Arson;
(5)	Any violation of Article 5, Chapter 90 of the General Statutes that would constitute a felony if committed by an adult;
(6)	First degree burglary;
(7)	Crime against nature; or
(8)	Any felony which involves the willful infliction of serious bodily injury upon another or which was committed by use of a deadly weapon.
"§ 7B-1702.  Evaluation.
Upon a finding of legal sufficiency, except in cases involving nondivertible offenses set out in G.S. 7B-1701, the intake counselor shall determine whether a complaint should be filed as a petition, the juvenile diverted pursuant to G.S. 7B-1706, or the case resolved without further action. In making the decision, the counselor shall consider criteria provided by the Administrator of the Division of Juvenile Services. The intake process shall include the following steps if practicable:
(1)	Interviews with the complainant and the victim if someone other than the complainant;
(2)	Interviews with the juvenile and the juvenile's parent, guardian, or custodian;
(3)	Interviews with persons known to have relevant information about the juvenile or the juvenile's family.
Interviews required by this section shall be conducted in person unless it is necessary to conduct them by telephone.
"§ 7B-1703.  Evaluation decision.
(a)	The intake counselor shall complete evaluation of a complaint within 15 days of receipt of the complaint, with an extension for a maximum of 15 additional days at the discretion of the chief court counselor.  The intake counselor shall decide within this time period whether a complaint shall be filed as a juvenile petition.
(b)	If the intake counselor determines that a complaint should be filed as a petition, the counselor shall file the petition as soon as practicable, but in any event within 15 days after the complaint is received, with an extension for a maximum of 15 additional days at the discretion of the chief court counselor.  The intake counselor shall assist the complainant when necessary with the preparation and filing of the petition, shall include on it the date and the words 'Approved for Filing', shall sign it, and shall transmit it to the clerk of superior court.
(c)	If the intake counselor determines that a petition should not be filed, the intake counselor shall notify the complainant immediately in writing with reasons for the decision and shall include notice of the complainant's right to have the decision reviewed by the prosecutor. The intake counselor shall sign the complaint after indicating on it:
(1)	The date of the determination;
(2)	The words 'Not Approved for Filing'; and
(3)	Whether the matter is 'Closed' or 'Diverted and Retained'.
Except as provided in G.S. 7B-1706, any complaint not approved for filing as a juvenile petition shall be destroyed by the intake counselor after holding the complaint for a temporary period to allow review as provided in G.S. 7B-1705.
"§ 7B-1704.  Request for review by prosecutor.
The complainant has five calendar days, from receipt of the intake counselor's decision not to approve the filing of a petition, to request review by the prosecutor. The intake counselor shall notify the prosecutor immediately of such request and shall transmit to the prosecutor a copy of the complaint. The prosecutor shall notify the complainant and the intake counselor of the time and place for the review.
"§ 7B-1705.  Review of determination that petition should not be filed.
No later than 20 days after the complainant is notified, the prosecutor shall review the intake counselor's determination that a juvenile petition should not be filed. Review shall include conferences with the complainant and the intake counselor. At the conclusion of the review, the prosecutor shall: (i)	affirm the decision of the intake counselor or direct the filing of a petition and (ii) notify the complainant of the prosecutor's action.
"§ 7B-1706.  Diversion plans and referral.
(a)	Unless the offense is one in which a petition is required by G.S. 7B-1701, upon a finding of legal sufficiency the intake counselor may divert the juvenile pursuant to a diversion plan, which may include referring the juvenile to any of the following resources:
(1)	An appropriate public or private resource;
(2)	Restitution;
(3)	Community service;
(4)	Victim-offender mediation;
(5)	Regimented physical training;
(6)	Counseling;
(7)	A teen court program, as set forth in subsection (c) of this section.
As part of a diversion plan, the intake counselor may enter into a diversion contract with the juvenile and the juvenile's parent, guardian, or custodian.
(b)	Unless the offense is one in which a petition is required by G.S. 7B-1701, upon a finding of legal sufficiency the intake counselor may enter into a diversion contract with the juvenile and the parent, guardian, or custodian; provided, a diversion contract requires the consent of the juvenile and the juvenile's parent, guardian, or custodian.  A diversion contract shall:
(1)	State conditions by which the juvenile agrees to abide and any actions the juvenile agrees to take;
(2)	State conditions by which the parent, guardian, or custodian agrees to abide and any actions the parent, guardian, or custodian agrees to take;
(3)	Describe the role of the court counselor in relation to the juvenile and the parent, guardian, or custodian;
(4)	Specify the length of the contract, which shall not exceed six months;
(5)	Indicate that all parties understand and agree that:
a.	The juvenile's violation of the contract may result in the filing of the complaint as a petition; and
b.	The juvenile's successful completion of the contract shall preclude the filing of a petition.
After a diversion contract is signed by the parties, the intake counselor shall provide copies of the contract to the juvenile and the juvenile's parent, guardian, or custodian.  The intake counselor shall notify any agency or other resource from which the juvenile or the juvenile's parent, guardian, or custodian will be seeking services or treatment pursuant to the terms of the contract.  At any time during the term of the contract if the court counselor determines that the juvenile has failed to comply substantially with the terms of the contract, the court counselor shall file the complaint as a petition.  Unless the court counselor has filed the complaint as a petition, the counselor shall close the juvenile's file in regard to the diverted matter within six months after the date of the contract.
(c)	If a teen court program has been established in the district, the intake counselor, upon a finding of legal sufficiency, may refer any case in which a juvenile has allegedly committed an offense that would be an infraction or misdemeanor if committed by an adult to a teen court program.  However, the counselor shall not refer a case to a teen court program (i) if the juvenile has been referred to a teen court program previously, or (ii) if the juvenile is alleged to have committed any of the following offenses:
(1)	Driving while impaired under G.S. 20-138.1, 20-138.2, 20-138.3, 20-138.5, or 20-138.7, or any other motor vehicle violation;
(2)	A Class A1 misdemeanor;
(3)	An assault in which a weapon is used; or
(4)	A controlled substance offense under Article 5 of Chapter 90 of the General Statutes, other than simple possession of a Schedule VI drug or alcohol.
(d)	The intake counselor shall maintain diversion plans and contracts entered into pursuant to this section to allow intake counselors to determine when a juvenile has had a complaint diverted previously.  Diversion plans and contracts are not public records under Chapter 132 of the General Statutes, shall not be included in the clerk's record pursuant to G.S. 7B-3000, and shall be withheld from public inspection or examination.  Diversion plans and contracts shall be destroyed when the juvenile reaches the age of 18 years or when the juvenile is no longer under the jurisdiction of the court, whichever is longer.
(e)	No later than 60 days after the intake counselor diverts a juvenile, the intake counselor shall determine whether the juvenile and the juvenile's parent, guardian, or custodian have complied with the terms of the diversion plan or contract.  In making this determination, the intake counselor shall contact any referral resources to determine whether the juvenile and the juvenile's parent, guardian, or custodian complied with any recommendations for treatment or services made by the resource.  If the juvenile and the juvenile's parent, guardian, or custodian have not complied, the intake counselor shall reconsider the decision to divert and may authorize the filing of the complaint as a petition within 10 days after making the determination.  If the intake counselor does not file a petition, the intake counselor may continue to monitor the case for up to six months from the date of the diversion plan or contract.  At any point during that time period if the juvenile and the juvenile's parent, guardian, or custodian fail to comply, the intake counselor shall reconsider the decision to divert and may authorize the filing of the complaint as a petition.  After six months, the intake counselor shall close the diversion plan or contract file.
"ARTICLE 18.
"Venue; Petition; Summons.
"§ 7B-1800.  Venue.
A proceeding in which a juvenile is alleged to be delinquent or undisciplined shall be commenced and adjudicated in the district in which the offense is alleged to have occurred. When a proceeding is commenced in a district other than that of the juvenile's residence, the court shall proceed to adjudication in that district. After adjudication, these procedures shall be available to the court:
(1)	The court may transfer the proceeding to the court in the district where the juvenile resides for disposition.
(2)	Where the proceeding is not transferred under subdivision (1) of this section, the court shall immediately notify the chief district judge in the district in which the juvenile resides. If the chief district judge requests a transfer within five days after receipt of notification, the court shall transfer the proceeding.
(3)	Where the proceeding is not transferred under subdivision (1) or (2), the court, upon motion of the juvenile, shall transfer the proceeding to the court in the district where the juvenile resides for disposition. The court shall advise the juvenile of the juvenile's right to transfer under this section.
"§ 7B-1801.  Pleading and process.
The pleading in a juvenile action is the petition. The process in a juvenile action is the summons.
"§ 7B-1802.  Petition.
The petition shall contain the name, date of birth, and address of the juvenile and the name and last known address of the juvenile's parent, guardian, or custodian.  The petition shall allege the facts which invoke jurisdiction over the juvenile.  The petition shall not contain information on more than one juvenile.
A petition in which delinquency is alleged shall contain a plain and concise statement, without allegations of an evidentiary nature, asserting facts supporting every element of a criminal offense and the juvenile's commission thereof with sufficient precision clearly to apprise the juvenile of the conduct which is the subject of the allegation.
Sufficient copies of the petition shall be prepared so that copies will be available for the juvenile, for each parent if living separate and apart, for the court counselor, for the prosecutor, and for any person determined by the court to be a necessary party.
"§ 7B-1803.  Receipt of complaints; filing of petition.
(a)	All complaints concerning a juvenile alleged to be delinquent or undisciplined shall be referred to the intake counselor for screening and evaluation. Thereafter, if the intake counselor determines that a petition should be filed, the petition shall be drawn by the intake counselor or the clerk, signed by the complainant, and verified before an official authorized to administer oaths. If the circumstances indicate a need for immediate attachment of jurisdiction and if the intake counselor is out of the county or otherwise unavailable to receive a complaint and to draw a petition when it is needed, the clerk shall assist the complainant in communicating the complaint to the intake counselor by telephone and, with the approval of the intake counselor, shall draw a petition and file it when signed and verified. A copy of the complaint and petition shall be transmitted to the intake counselor. Procedures for receiving delinquency and undisciplined complaints and drawing petitions thereon, consistent with this Article and Article 17 of this Chapter shall be established by administrative order of the chief judge in each judicial district.
(b)	If review is requested pursuant to G.S. 7B-1704, the prosecutor shall review a complaint and any decision of the intake counselor not to authorize that the complaint be filed as a petition.  If the prosecutor, after review, authorizes a complaint to be filed as a petition, the prosecutor shall prepare the complaint to be filed by the clerk as a petition, recording the day of filing.
"§ 7B-1804.  Commencement of action.
(a)	An action is commenced by the filing of a petition in the clerk's office when that office is open, or by a magistrate's acceptance of a petition for filing pursuant to subsection (b) of this section when the clerk's office is closed.
(b)	When the office of the clerk is closed and an intake counselor requests a petition alleging a juvenile to be delinquent or undisciplined, a magistrate may draw and verify the petition and accept it for filing, which acceptance shall constitute filing.  The magistrate's authority under this subsection is limited to emergency situations when a petition is required in order to obtain a secure or nonsecure custody order.  Any petition accepted for filing under this subsection shall be delivered to the clerk's office for processing as soon as that office is open for business.
"§ 7B-1805.  Issuance of summons.
(a)	Immediately after a petition has been filed alleging that a juvenile is undisciplined or delinquent, the clerk shall issue a summons to the juvenile and to the parent, guardian, or custodian 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 and the purpose of the hearing scheduled on the summons.
(2)	Notice that a parent, guardian, or custodian who fails without reasonable cause to appear and to bring the juvenile before the court may be proceeded against for contempt of court.
(3)	Notice of any right to counsel and information about how to seek the appointment of counsel prior to a hearing.
(4)	Notice that, if the court determines at the adjudicatory hearing that the allegations of the petition are true, the court will conduct a dispositional hearing and will have jurisdiction to enter orders affecting substantial rights of the juvenile and of the parent, guardian, or custodian, including orders that:
a.	Affect the juvenile's custody;
b.	Impose conditions on the juvenile;
c.	Require that the juvenile receive medical, psychiatric, psychological, or other treatment and that the parent, guardian, or custodian participate in the treatment;
d.	Require the parent, guardian, or custodian to undergo psychiatric, psychological, or other treatment or counseling;
e.	Order the parent to pay for treatment that is ordered for the juvenile or the parent; and
f.	Order the parent to pay support for the juvenile for any period the juvenile does not reside with the parent or to pay attorneys' fees or other expenses as ordered by the court.
(5)	Notice that the parent, guardian, or custodian shall be required to attend scheduled hearings.
(6)	Notice that the parent, guardian, or custodian shall be responsible for bringing the juvenile before the court at any hearing the juvenile is required to attend.
(c)	The summons shall advise the parent, guardian, or custodian that upon service, jurisdiction over the parent, guardian, or custodian is obtained and that failure of the parent, guardian, or custodian to appear or bring the juvenile before the court without reasonable cause or to comply with any order of the court pursuant to Article 27 of this Chapter may cause the court to issue a show cause order for contempt.  The summons shall contain the following language in bold type:
'TO THE PARENT, GUARDIAN, OR CUSTODIAN: YOUR FAILURE TO APPEAR IN COURT FOR A SCHEDULED HEARING OR TO COMPLY WITH AN ORDER OF THE COURT MAY RESULT IN A FINDING OF CONTEMPT.'
(d)	A summons shall be directed to the person summoned to appear and shall be delivered to any person authorized to serve process.
"§ 7B-1806.  Service of summons.
The summons and petition shall be personally served upon the parent, the guardian, or custodian and the juvenile 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, or custodian entitled to receive a summons cannot be found by a diligent effort, the court may authorize service of the summons and petition by mail or by publication. 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.
The court may issue a show cause order for contempt against a parent, guardian, or custodian who is personally served and fails without reasonable cause to appear and to bring the juvenile before the court.
The provisions of G.S. 15A-301(a), (c), (d), and (e) relating to criminal process apply to juvenile process; provided the period of time for return of an unserved summons is 30 days.
"§ 7B-1806.1.  Notice to parent and juvenile of scheduled hearings.
The clerk shall give to all parties, including both parents of the juvenile, five days written notice of the date and time of all scheduled hearings unless the party is notified in open court or the court orders otherwise.
"§ 7B-1807.  First appearance for felony cases.
(a)	A juvenile who is alleged in the petition to have committed an offense that would be a felony if committed by an adult shall be summoned to appear before the court for a first appearance within 10 days of the filing of the petition.  If the juvenile is in secure or nonsecure custody, the first appearance shall take place at the initial hearing required by G.S. 7B-1906.  Unless the juvenile is in secure or nonsecure custody, the court may continue the first appearance to a time certain for good cause.
(b)	At the first appearance, the court shall:
(1)	Inform the juvenile of the allegations set forth in the petition;
(2)	Determine whether the juvenile has retained counsel or has been assigned counsel and, if the juvenile is not represented by counsel, appoint counsel for the juvenile;
(3)	If applicable, inform the juvenile of the date of the probable cause hearing, which shall be within 15 days of the first appearance; and
(4)	Inform the parent, guardian, or custodian that the parent, guardian, or custodian is required to attend all hearings scheduled in the matter and may be held in contempt of court for failure to attend any scheduled hearing.
"ARTICLE 19.
"Temporary Custody; Secure and Nonsecure Custody;
Custody Hearings.
"§ 7B-1900.  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 without a court order under the following circumstances:
(1)	By a law enforcement officer if grounds exist for the arrest of an adult in identical circumstances under G.S. 15A-401(b).
(2)	By a law enforcement officer or a court counselor if there are reasonable grounds to believe that the juvenile is an undisciplined juvenile.
(3)	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 if there are reasonable grounds to believe the juvenile is an absconder from any residential facility operated by the Division of Youth Services or from an approved detention facility.
"§ 7B-1901.  Duties of person taking juvenile into temporary custody.
(a)	A person who takes a juvenile into custody without a court order under G.S. 7B-1900(1) or (2) shall proceed as follows:
(1)	Notify the juvenile's parent, guardian, or custodian that the juvenile has been taken into temporary custody and advise the parent, guardian, or custodian of the right to be present with the juvenile until a determination is made as to the need for secure or nonsecure custody. Failure to notify the parent, guardian, or custodian that the juvenile is in custody shall not be grounds for release of the juvenile.
(2)	Release the juvenile to the juvenile's parent, guardian, or custodian if the person having the juvenile in temporary custody decides that continued custody is unnecessary. In the case of a juvenile unlawfully absent from school, if continued custody is unnecessary, the person having temporary custody may deliver the juvenile to the juvenile's school or, if the local city or county government and the local school board adopt a policy, to a place in the local school administrative unit.
(3)	If the juvenile is not released, request that a petition be drawn pursuant to G.S. 7B-1803 or G.S. 7B-1804.  Once the petition has been drawn and verified, the person shall communicate with the intake counselor.  If the intake counselor approves the filing of the petition, the intake counselor shall contact the judge, or the person delegated authority pursuant to G.S. 7B-1902 if other than the intake counselor, for a determination of the need for continued custody.
(b)	A juvenile taken into temporary custody under this Article shall not be held for more than 12 hours, or for more than 24 hours if any of the 12 hours falls on a Saturday, Sunday, or legal holiday, unless a petition or motion for review has been filed and an order for secure or nonsecure custody has been entered.
(c)	A person who takes a juvenile into custody under G.S. 7B-1900(3), after receiving an order for secure custody, shall transport the juvenile to the nearest approved facility providing secure custody. The person then shall contact the administrator of the facility from which the juvenile absconded, who shall be responsible for returning the juvenile to that facility.
"§ 7B-1902.  Authority to issue custody orders; delegation.
In the case of any juvenile alleged to be within the jurisdiction of the court, when the court finds it necessary to place the juvenile in custody, the court may order that the juvenile be placed in secure or nonsecure custody pursuant to criteria set out in G.S. 7B-1903.
Any district court judge may issue secure and nonsecure custody orders pursuant to G.S. 7B-1903. The chief district court judge may delegate the court's authority to the chief court counselor or the chief court counselor's counseling staff by administrative order filed in the office of the clerk of superior court. The administrative order shall specify which persons may be contacted for approval of a secure or nonsecure custody order.  The chief district court judge shall not delegate the court's authority to detain or house juveniles in holdover facilities pursuant to G.S. 7B-1905 or G.S. 7B-2509.
"§ 7B-1903.  Criteria for secure or nonsecure custody.
(a)	When a request is made for nonsecure custody, the court shall first consider release of the juvenile to the juvenile's parent, guardian, custodian, or other responsible adult. An order for nonsecure custody shall be made only when there is a reasonable factual basis to believe the matters alleged in the petition are true, and that:
(1)	The juvenile is a runaway and consents to nonsecure custody; or
(2)	The juvenile meets one or more of the criteria for secure custody, but the court finds it in the best interests of the juvenile that the juvenile be placed in a nonsecure placement.
(b)	When a request is made for secure custody, the court may order secure custody only where the court finds there is a reasonable factual basis to believe that the juvenile committed the offense as alleged in the petition, and that:
(1)	The juvenile is charged with a felony and has demonstrated that the juvenile is a danger to property or persons;
(2)	The juvenile is charged with a misdemeanor at least one element of which is assault on a person;
(3)	The juvenile has willfully failed to appear on a pending delinquency charge or on charges of violation of probation or post-release supervision, providing the juvenile was properly notified;
(4)	A delinquency charge is pending against the juvenile, and there is reasonable cause to believe the juvenile will not appear in court;
(5)	The juvenile is an absconder from (i) any residential facility operated by the Division of Youth Services or any detention facility in this State or (ii) any comparable facility in another state;
(6)	There is reasonable cause to believe the juvenile should be detained for the juvenile's own protection because the juvenile has recently suffered or attempted self-inflicted physical injury. In such 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 the juvenile is placed in secure custody, the juvenile shall receive continuous supervision and a physician shall be notified immediately;
(7)	The juvenile is alleged to be undisciplined by virtue of the juvenile's being a runaway and is inappropriate for nonsecure custody placement or 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 the juvenile's parents; or
(8)	The juvenile is alleged to be undisciplined and has willfully failed to appear in court after proper notice; the 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.
(c)	When a juvenile has been adjudicated delinquent, the court may order secure custody pending the dispositional hearing or pending placement of the juvenile pursuant to G.S. 7B-2504.
(d)	The court may order secure custody for a juvenile who is alleged to have violated the conditions of the juvenile's probation or post-release supervision, but only if the juvenile is alleged to have committed acts that damage property or injure persons.
(e)	If the criteria for secure custody as set out in subsection (b), (c), or (d) of this section are met, the court may enter an order directing an officer or other authorized person to assume custody of the juvenile and to take the juvenile to the place designated in the order.
"§ 7B-1904.  Order for secure or nonsecure custody.
The custody order shall be in writing and shall direct a law enforcement officer or other authorized person to assume custody of the juvenile and to make due return on the order.  The official executing the order shall give a copy of the order to the juvenile's parent, guardian, or custodian.  If the order is for secure custody, copies of the petition and custody order shall accompany the juvenile to the detention facility or holdover facility of the jail.  A message of the Division of Criminal Information, State Bureau of Investigation, stating that a juvenile petition and secure custody order relating to a specified juvenile are on file in a particular county shall be authority to detain the juvenile in secure custody until a copy of the juvenile petition and secure custody order can be forwarded to the juvenile detention facility. The copies of the juvenile petition and secure custody order shall be transmitted to the detention facility no later than 72 hours after the initial detention of the juvenile.
An officer receiving an order for custody which is complete and regular on its face may execute it in accordance with its terms and need not inquire into its regularity or continued validity, nor does the officer incur criminal or civil liability for its execution.
"§ 7B-1905.  Place of secure or nonsecure custody.
(a)	A juvenile meeting the criteria set out in G.S. 7B-1903(a), may be placed in nonsecure custody with a department of social services or a person designated in the order for temporary residential placement in:
(1)	A licensed foster home or a home otherwise authorized by law to provide such care;
(2)	A facility operated by a department of social services; or
(3)	Any other home or facility approved by the court and designated in the order.
In placing a juvenile in nonsecure custody, the court shall first consider whether a relative of the juvenile is willing and able to provide proper care and supervision of the juvenile.  If the court finds that the relative is willing and able to provide proper care and supervision, the court shall order placement of the juvenile with the relative.  Placement of a juvenile outside of this State shall be in accordance with the Interstate Compact on the Placement of Children set forth in Article 38 of this Chapter.
(b)	A juvenile meeting the criteria set out in G.S. 7B-1903(b), (c), or (d) may be temporarily detained in an approved detention facility which shall be separate from any jail, lockup, prison, or other adult penal institution, except as provided in subsection (c) of this section.  It shall be unlawful for a county or any unit of government to operate a juvenile detention facility unless the facility meets the standards and rules adopted by the Department of Health and Human Services.
(c)	A juvenile who has allegedly committed an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult may be detained in secure custody in a holdover facility up to 72 hours, if the court, based on information provided by the court counselor, determines that no acceptable alternative placement is available and the protection of the public requires the juvenile be housed in a holdover facility.
"§ 7B-1906.  Secure or nonsecure custody hearings.
(a)	No juvenile shall be held under a secure custody order for more than five calendar days or under a nonsecure custody order for more than seven calendar days without a hearing on the merits or an initial hearing to determine the need for continued custody. A hearing conducted under this subsection may not be continued or waived.  In every case in which an order has been entered by an official exercising authority delegated pursuant to G.S. 7B-1902, a hearing to determine the need for continued custody shall be conducted on the day of the next regularly scheduled session of district court in the city or county where the order was entered if the session precedes the expiration of the applicable time period set forth in this subsection. If the session does not precede the expiration of the time period, the hearing may be conducted at another regularly scheduled session of district court in the district where the order was entered.
(b)	As long as the juvenile remains in secure or nonsecure custody, further hearings to determine the need for continued secure custody shall be held at intervals of no more than 10 calendar days. A subsequent hearing on continued nonsecure custody shall be held within seven business days, excluding Saturdays, Sundays, and legal holidays, of the initial hearing required in subsection (a) of this section and hearings thereafter shall be held at intervals of no more than 30 calendar days. In the case of a juvenile alleged to be delinquent, further hearings may be waived only with the consent of the juvenile, through counsel for the juvenile.
(c)	The court shall determine whether a juvenile who is alleged to be delinquent has retained counsel or has been assigned counsel; and, if the juvenile is not represented by counsel, appoint counsel for the juvenile.
(d)	At a hearing to determine the need for continued custody, the court shall receive testimony and shall allow the juvenile and the juvenile's parent, guardian, or custodian an opportunity to introduce evidence, to be heard in their own behalf, and to examine witnesses. The State shall bear the burden at every stage of the proceedings to provide clear and convincing evidence that restraints on the juvenile's liberty are necessary and that no less intrusive alternative will suffice. The court shall not be bound by the usual rules of evidence at the hearings.
(e)	The court shall be bound by criteria set forth in G.S. 7B-1903 in determining whether continued custody is warranted.
(f)	The court may impose appropriate restrictions on the liberty of a juvenile who is released from secure custody, including:
(1)	Release on the written promise of the juvenile's parent, guardian, or custodian to produce the juvenile in court for subsequent proceedings;
(2)	Release into the care of a responsible person or organization;
(3)	Release conditioned on restrictions on activities, associations, residence, or travel if reasonably related to securing the juvenile's presence in court; or
(4)	Any other conditions reasonably related to securing the juvenile's presence in court.
(g)	If the court determines that the juvenile meets the criteria in G.S. 7B-1903 and should continue in custody, the court shall issue an order to that effect. The order shall be in writing with appropriate findings of fact. The findings of fact shall include the evidence relied upon in reaching the decision and the purposes which continued custody is to achieve.
(h)	The court may conduct a hearing to determine the need to continue custody by audio and video transmission between the court and the juvenile in which the parties can see and hear each other.  If the juvenile has counsel, the juvenile may communicate fully and confidentially  with the juvenile's attorney during the proceeding.  Prior to the use of audio and video transmission, the procedures and type of equipment for audio and video transmission shall be submitted to the Administrative Office of the Courts by the chief district court judge and approved by the Administrative Office of the Courts.
"§ 7B-1907.  Telephonic communication authorized.
All communications, notices, orders, authorizations, and requests authorized or required by G.S. 7B-1901, 7B-1903, and 7B-1904 may be made by telephone when other means of communication are impractical. All written orders pursuant to telephonic communication shall bear the name and the title of the person communicating by telephone, the signature and the title of the official entering the order, and the hour and the date of the authorization.
"ARTICLE 20.
"Basic Rights.
"§ 7B-2000.  Juvenile's right to counsel; presumption of indigence.
(a)	A juvenile alleged to be within the jurisdiction of the court has the right to be represented by counsel in all proceedings.  The court shall appoint counsel for the juvenile, unless counsel is retained for the juvenile, in any proceeding in which the juvenile is alleged to be (i) delinquent or (ii) in contempt of court when alleged or adjudicated to be undisciplined.
(b)	All juveniles shall be conclusively presumed to be indigent, and it shall not be necessary for the court to receive from any juvenile an affidavit of indigency.
"§ 7B-2001.  Appointment of guardian.
In any case when no parent, guardian, or custodian appears in a hearing with the juvenile or when the court finds it would be in the best interests of the juvenile, the court may appoint a guardian of the person for the juvenile. The guardian shall operate under the supervision of the court with or without bond and shall file only such reports as the court shall require. Unless the court orders otherwise, the guardian:
(1)	Shall have the care, custody, and control of the juvenile or may arrange a suitable placement for the juvenile.
(2)	May represent the juvenile in legal actions before any court.
(3)	May consent to certain actions on the part of the juvenile in place of the parent, guardian, or custodian, including (i) marriage, (ii) enlisting in the armed forces, and (iii) enrollment in school.
(4)	May consent to any necessary remedial, psychological, medical, or surgical treatment for the juvenile.
The authority of the guardian shall continue until the guardianship is terminated by court order, until the juvenile is emancipated pursuant to Subchapter IV of this Chapter, or until the juvenile reaches the age of majority.
"§ 7B-2002.  Payment of court-appointed attorney.
An attorney appointed pursuant to G.S. 7B-2000 or pursuant to any other provision of this Subchapter shall be paid a reasonable fee fixed by the court in the same manner as fees for attorneys appointed in cases of indigency through the Administrative Office of the Courts.  The court may require payment of the attorneys' fees from a person other than the juvenile as provided in G.S. 7A-450.1, 7A-450.2, and 7A-450.3. A person who does not comply with the court's order of payment may be found in civil contempt as provided in G.S. 5A-21.
"ARTICLE 21.
"Law Enforcement Procedures in Delinquency Proceedings.
"§ 7B-2100.  Role of the law enforcement officer.
A law enforcement officer who takes a juvenile into temporary custody should select the most appropriate course of action to the situation, the needs of the juvenile, and the protection of the public safety.  The officer may:
(1)	Release the juvenile, with or without first counseling the juvenile;
(2)	Release the juvenile to the juvenile's parent, guardian, or custodian;
(3)	Refer the juvenile to community resources;
(4)	Seek a petition; or
(5)	Seek a petition and request a custody order.
"§ 7B-2101.  Interrogation procedures.
(a)	Any juvenile in custody must be advised prior to questioning:
(1)	That the juvenile has a right to remain silent;
(2)	That any statement the juvenile does make can be and may be used against the juvenile;
(3)	That the juvenile has a right to have a parent, guardian, or custodian present during questioning; and
(4)	That the juvenile has a right to consult with an attorney and that one will be appointed for the juvenile if the juvenile is not represented and wants representation.
(b)	When the juvenile is less than 14 years of age, no in-custody admission or confession resulting from interrogation may be admitted into evidence unless the confession or admission was made in the presence of the juvenile's parent, guardian,  custodian, or attorney. If an attorney is not present, the parent, guardian, or custodian as well as the juvenile must be advised of the juvenile's rights as set out in subsection (a) of this section; however, a parent, guardian, or custodian may not waive any right on behalf of the juvenile.
(c)	If the juvenile indicates in any manner and at any stage of questioning pursuant to this section that the juvenile does not wish to be questioned further, the officer shall cease questioning.
(d)	Before admitting into evidence any statement resulting from custodial interrogation, the court shall find that the juvenile knowingly, willingly, and understandingly waived the juvenile's rights.
"§ 7B-2102.  Fingerprinting and photographing juveniles.
(a)	A law enforcement officer or agency may fingerprint and photograph a juvenile in custody who is alleged to have committed an offense that would be a felony if committed by an adult.
(b)	If a law enforcement officer or agency does not take the fingerprints or a photograph of the juvenile pursuant to subsection (a) of this section or the fingerprints or photograph have been destroyed pursuant to subsection (e) of this section, a law enforcement officer or agency shall fingerprint and photograph a juvenile who has been adjudicated delinquent if the juvenile was 10 years of age or older at the time the juvenile committed an offense that would be a felony if committed by an adult.
(c)	A law enforcement officer or agency who fingerprints or photographs a juvenile pursuant to this section shall do so in a proper format for transfer to the State Bureau of Investigation and the Federal Bureau of Investigation. Fingerprints obtained pursuant to this section shall be transferred to the State Bureau of Investigation and placed in the Automated Fingerprint Identification System (AFIS) to be used for all investigative and comparison purposes. Photographs obtained pursuant to this section shall be placed in a format approved by the State Bureau of Investigation and may be used for all investigative or comparison purposes.  Fingerprints of a juvenile who has been adjudicated delinquent for an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult, and who was 10 years of age or older at the time the juvenile committed the offense, shall be transferred to the Federal Bureau of Investigation to be used for all investigative or comparison purposes.
(d)	Fingerprints and photographs taken pursuant to this section are not public records under Chapter 132 of the General Statutes, shall not be included in the clerk's record pursuant to G.S. 7B-3000, shall be withheld from public inspection or examination, and shall not be eligible for expunction pursuant to G.S. 7B-3200. Fingerprints and photographs taken pursuant to this section shall be maintained separately from any juvenile record, other than the electronic file maintained by the State Bureau of Investigation.
(e)	If a juvenile is fingerprinted and photographed pursuant to subsection (a) of this section, the custodian of records shall  destroy all fingerprints and photographs at the earlier of the following:
(1)	The intake counselor or prosecutor does not file a petition against the juvenile;
(2)	The court does not find probable cause pursuant to G.S. 7B-2202; or
(3)	The juvenile is not adjudicated delinquent.
The chief court counselor shall notify the local custodian of records, and the local custodian of records shall notify any other record-holding agencies, when a decision is made not to file a petition, the court does not find probable cause, or the court does not adjudicate the juvenile delinquent.
"§ 7B-2103. Authority to issue nontestimonial identification order where juvenile alleged to be delinquent.
Except as provided in G.S. 7B-2102, nontestimonial identification procedures shall not be conducted on any juvenile without a court order issued pursuant to this Article unless the juvenile has been charged as an adult or transferred to superior court for trial as an adult in which case procedures applicable to adults, as set out in Articles 14 and 23 of Chapter 15A of the General Statutes, shall apply.  A nontestimonial identification order authorized by this Article may be issued by any judge of the district court or of the superior court upon request of a prosecutor. As used in this Article, 'nontestimonial identification' means identification by fingerprints, palm prints, footprints, measurements, blood specimens, urine specimens, saliva samples, hair samples, or other reasonable physical examination, handwriting exemplars, voice samples, photographs, and lineups or similar identification procedures requiring the presence of a juvenile.
"§ 7B-2104.  Time of application for nontestimonial identification order.
A request for a nontestimonial identification order may be made prior to taking a juvenile into custody or after custody and prior to the adjudicatory hearing.
"§ 7B-2105.  Grounds for nontestimonial identification order.
(a)	Except as provided in subsection (b) of this section, a nontestimonial identification order may issue only on affidavit or affidavits sworn to before the court and establishing the following grounds for the order:
(1)	That there is probable cause to believe that an offense has been committed that would be a felony if committed by an adult;
(2)	That there are reasonable grounds to suspect that the juvenile named or described in the affidavit committed the offense; and
(3)	That the results of specific nontestimonial identification procedures will be of material aid in determining whether the juvenile named in the affidavit committed the offense.
(b)	A nontestimonial identification order to obtain a blood specimen from a juvenile may issue only on affidavit or affidavits sworn to before the court and establishing the following grounds for the order:
(1)	That there is probable cause to believe that an offense has been committed that would be a felony if committed by an adult;
(2)	That there is probable cause to believe that the juvenile named or described in the affidavit committed the offense; and
(3)	That there is probable cause to believe that obtaining a blood specimen from the juvenile will be of material aid in determining whether the juvenile named in the affidavit committed the offense.
"§ 7B-2106.  Issuance of order.
Upon a showing that the grounds specified in G.S. 7B-2105 exist, the judge may issue an order following the same procedure as in the case of adults under G.S. 15A-274, 15A-275, 15A-276, 15A-277, 15A-278, 15A-279, 15A-280, and 15A-282.
"§ 7B-2107.  Nontestimonial identification order at request of juvenile.
A juvenile in custody for or charged with an offense which if committed by an adult would be a felony offense may request that nontestimonial identification procedures be conducted.  If it appears that the results of specific nontestimonial identification procedures will be of material aid to the juvenile's defense, the judge to whom the request was directed must order the State to conduct the identification procedures.
"§ 7B-2108.  Destruction of records resulting from nontestimonial identification procedures.
The results of any nontestimonial identification procedures shall be retained or disposed of as follows:
(1)	If a petition is not filed against a juvenile who has been the subject of nontestimonial identification procedures, all records of the evidence shall be destroyed.
(2)	If the juvenile is not adjudicated delinquent or convicted in superior court following transfer, all records resulting from a nontestimonial order shall be destroyed. Further, in the case of a juvenile who is under 13 years of age and who is adjudicated delinquent for an offense that would be less than a felony if committed by an adult, all records shall be destroyed.
(3)	If a juvenile 13 years of age or older is adjudicated delinquent for an offense that would be a felony if committed by an adult, all records resulting from a nontestimonial order may be retained in the court file. Special precautions shall be taken to ensure that these records will be maintained in a manner and under sufficient safeguards to limit their use to inspection by law enforcement officers for comparison purposes  in the investigation of a crime.
(4)	If the juvenile is transferred to and convicted in superior court, all records resulting from nontestimonial identification procedures shall be processed as in the case of an adult.
(5)	Any evidence seized pursuant to a nontestimonial order shall be retained by law enforcement officers until further order is entered by the court.
(6)	Destruction of nontestimonial identification records pursuant to this section shall be performed by the law enforcement agency having possession of the records. Following destruction, the law enforcement agency shall make written certification to the court of the destruction.
"§ 7B-2109.  Penalty for willful violation.
Any person who willfully violates provisions of this Article which prohibit conducting nontestimonial identification procedures without an order issued by the court shall be guilty of a Class 1 misdemeanor.
"ARTICLE 22.
"Probable Cause Hearing and Transfer Hearing.
"§ 7B-2200.  Transfer of jurisdiction of juvenile to superior court; direct filing in superior court.
(a)	Except as provided in subsection (b) of this section, after notice, hearing, and a finding of probable cause the court may, upon motion of the prosecutor or the juvenile's attorney or upon its own motion, transfer jurisdiction over a juvenile to superior court if the juvenile was 13 years of age or older at the time the juvenile allegedly committed an offense that would be a felony if committed by an adult. If the alleged felony constitutes a Class A felony and the court finds probable cause, the court shall transfer the case to the superior court for trial as in the case of adults.
(b)	Notwithstanding G.S. 7B-1601, the prosecutor may file charges in superior court against a juvenile who was 15 years of age at the time the juvenile allegedly committed an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult.
"§ 7B-2201.  Fingerprinting juvenile transferred to superior court.
When jurisdiction over a juvenile is transferred to the superior court, the juvenile shall be fingerprinted and the juvenile's fingerprints shall be sent to the State Bureau of Investigation.
"§ 7B-2202.  Probable cause hearing.
(a)	The court shall conduct a hearing to determine probable cause in all felony cases in which a juvenile was 13 years of age or older when the offense was allegedly committed. The hearing shall be conducted within 15 days of the date of the juvenile's first appearance.  The court may continue the hearing for good cause.
(b)	At the probable cause hearing:
(1)	A prosecutor shall represent the State;
(2)	The juvenile shall be represented by counsel;
(3)	The juvenile may testify, call, and examine witnesses, and present evidence; and
(4)	Each witness shall testify under oath or affirmation and be subject to cross-examination.
(c)	The State shall by nonhearsay evidence, or by evidence that satisfies an exception to the hearsay rule, show that there is probable cause to believe that the offense charged has been committed and that there is probable cause to believe that the juvenile committed it, except:
(1)	A report or copy of a report made by a physicist, chemist, firearms identification expert, fingerprint technician, or an expert or technician in some other scientific, professional, or medical field, concerning the results of an examination, comparison, or test performed in connection with the case in issue, when stated by that person in a report made by the juvenile, is admissible in evidence;
(2)	If there is no serious contest, reliable hearsay is admissible to prove value, ownership of property, possession of property in a person other than the juvenile, lack of consent of the owner, possessor, or custodian of property to the breaking or entering of premises, chain of custody, and authenticity of signatures.
(d)	Counsel for the juvenile may waive in writing the right to the hearing and stipulate to a finding of probable cause.
(e)	If probable cause is found and transfer to superior court is not required by G.S. 7B-2200, upon motion of the prosecutor or the juvenile's attorney or upon its own motion, the court shall either proceed to a transfer hearing or set a date for that hearing.  If the juvenile has not received notice of the intention to seek transfer at least five days prior to the probable cause hearing, the court shall continue the transfer hearing.
(f)	If the court does not find probable cause for a felony offense, the court shall:
(1)	Dismiss the proceeding, or
(2)	If the court finds probable cause to believe that the juvenile committed a lesser included offense that would constitute a misdemeanor if committed by an adult, either proceed to an adjudicatory hearing or set a date for that hearing.
"§ 7B-2203.  Transfer hearing.
(a)	At the transfer hearing, the prosecutor and the juvenile may be heard and may offer evidence, and the juvenile's attorney may examine any court or probation records, or other records the court may consider in determining whether to transfer the case.
(b)	In the transfer hearing, the court shall determine whether the protection of the public and the needs of the juvenile will be served by transfer of the case to superior court and shall consider the following factors:
(1)	The age of the juvenile;
(2)	The maturity of the juvenile;
(3)	The intellectual functioning of the juvenile;
(4)	The prior record of the juvenile;
(5)	Prior attempts to rehabilitate the juvenile;
(6)	Facilities or programs available to the court prior to the expiration of the court's jurisdiction under this Subchapter and the likelihood that the juvenile would benefit from treatment or rehabilitative efforts;
(7)	Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner; and
(8)	The seriousness of the offense and whether the protection of the public requires that the juvenile be prosecuted as an adult.
(c)	Any order of transfer shall specify the reasons for transfer.  When the case is transferred to superior court, the superior court has jurisdiction over that felony, any offense based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a single scheme or plan of that felony, and any greater or lesser included offense of that felony.
(d)	If the court does not transfer the case to superior court, the court shall either proceed to an adjudicatory hearing or set a date for that hearing.
"§ 7B-2204.  Right to pretrial release; detention.
Once the order of transfer has been entered, the juvenile has the right to pretrial release as provided in G.S. 15A-533 and G.S 15A-534.  The release order shall specify the person or persons to whom the juvenile may be released. Pending release, the court shall order that the juvenile be detained in a detention facility while awaiting trial.  The court may order the juvenile to be held in a holdover facility at any time the presence of the juvenile is required in court for pretrial hearings or trial, if the court finds that it would be inconvenient to return the juvenile to the detention facility.
Should the juvenile be found guilty, or enter a plea of guilty or no contest to a criminal offense in superior court and receive an active sentence, then immediate transfer to the Department of Correction shall be ordered.  Until such time as the juvenile is transferred to the Department of Correction, the juvenile may be detained in a holdover facility.  The juvenile may not be detained in a detention facility pending transfer to the Department of Correction.
The juvenile may be kept by the Department of Correction as a safekeeper until the juvenile is placed in an appropriate correctional program.
"§ 7B-2205.  When jeopardy attaches.
Jeopardy attaches in an adjudicatory hearing when the court begins to hear evidence.
"ARTICLE 23.
"Discovery.
"§ 7B-2300.  Disclosure of evidence by petitioner.
(a)	Statement of the Juvenile. – Upon motion of a juvenile alleged to be delinquent, the court shall order the petitioner:
(1)	To permit the juvenile to inspect and copy any relevant written or recorded statements within the possession, custody, or control of the petitioner made by the juvenile or any other party charged in the same action; and
(2)	To divulge, in written or recorded form, the substance of any oral statement made by the juvenile or any other party charged in the same action.
(b)	Names of Witnesses. – Upon motion of the juvenile, the court shall order the petitioner to furnish the names of persons to be called as witnesses. A copy of the record of witnesses under the age of 16 shall be provided by the petitioner to the juvenile upon the juvenile's motion if accessible to the petitioner.
(c)	Documents and Tangible Objects. – Upon motion of the juvenile, the court shall order the petitioner to permit the juvenile to inspect and copy books, papers, documents, photographs, motion pictures, mechanical or electronic recordings, tangible objects, or portions thereof:
(1)	Which are within the possession, custody, or control of the petitioner, the prosecutor, or any law enforcement officer conducting an investigation of the matter alleged; and
(2)	Which are material to the preparation of the defense, are intended for use by the petitioner as evidence, or were obtained from or belong to the juvenile.
(d)	Reports of Examinations and Tests. – Upon motion of a juvenile, the court shall order the petitioner to permit the juvenile to inspect and copy results of physical or mental examinations or of tests, measurements, or experiments made in connection with the case, within the possession, custody, or control of the petitioner. In addition upon motion of a juvenile, the court shall order the petitioner to permit the juvenile to inspect, examine, and test, subject to appropriate safeguards, any physical evidence or a sample of it or tests or experiments made in connection with the evidence in the case if it is available to the petitioner, the prosecutor, or any law enforcement officer conducting an investigation of the matter alleged and if the petitioner intends to offer the evidence at trial.
(e)	Except as provided in subsections (a) through (d) of this section, this Article does not require the production of reports, memoranda, or other internal documents made by the petitioner, law enforcement officers, or other persons acting on behalf of the petitioner in connection with the investigation or prosecution of the case or of statements made by witnesses or the petitioner to anyone acting on behalf of the petitioner.
(f)	Nothing in this section prohibits a petitioner from making voluntary disclosures in the interest of justice.
"§ 7B-2301.  Disclosure of evidence by juvenile.
(a)	Names of Witnesses. – Upon motion of the petitioner, the court shall order the juvenile to furnish to the petitioner the names of persons to be called as witnesses.
(b)	Documents and Tangible Objects. – If the court grants any relief sought by the juvenile under G.S. 7B-2300, upon motion of the petitioner, the court shall order the juvenile to permit the petitioner to inspect and copy books, papers, documents, photographs, motion pictures, mechanical or electronic recordings, tangible objects, or portions thereof which are within the possession, custody, or control of the juvenile and which the juvenile intends to introduce in evidence.
(c)	Reports of Examinations and Tests. – If the court grants any relief sought by the juvenile under G.S. 7B-2300, upon motion of the petitioner, the court shall order the juvenile to permit the petitioner to inspect and copy results of physical or mental examinations or of tests, measurements, or experiments made in connection with the case within the possession and control of the juvenile which the juvenile intends to introduce in evidence or which were prepared by a witness whom the juvenile intends to call if the results relate to the witness's testimony. In addition, upon motion of a petitioner, the court shall order the juvenile to permit the petitioner to inspect, examine, and test, subject to appropriate safeguards, any physical evidence or a sample of it if the juvenile intends to offer the evidence or tests or experiments made in connection with the evidence in the case.
"§ 7B-2302.  Regulation of discovery; protective orders.
(a)	Upon written motion of a party and a finding of good cause, the court may at any time order that discovery or inspection be denied, restricted, or deferred.
(b)	The court may permit a party seeking relief under subsection (a) of this section to submit supporting affidavits or statements to the court for in camera inspection. If thereafter the court enters an order granting relief under subsection (a) of this section, the material submitted in camera must be available to the Court of Appeals in the event of an appeal.
"§ 7B-2303.  Continuing duty to disclose.
If a party, subject to compliance with an order issued pursuant to this Article, discovers additional evidence prior to or during the hearing or decides to use additional evidence, and if the evidence is or may be subject to discovery or inspection under this Article, the party shall promptly notify the other party of the existence of the additional evidence or of the name of each additional witness.
"ARTICLE 24.
"Hearing Procedures.
"§ 7B-2400.  Amendment of petition.
The court may permit a petition to be amended when the amendment does not change the nature of the offense alleged. If a motion to amend is allowed, the juvenile shall be given a reasonable opportunity to prepare a defense to the amended allegations.
"§ 7B-2401.  Determination of incapacity to proceed; evidence; temporary commitment; temporary orders.
The provisions of G.S. 15A-1001, 15A-1002, and 15A-1003 apply to all cases in which a juvenile is alleged to be delinquent. No juvenile committed under this section may be placed in a situation where the juvenile will come in contact with adults committed for any purpose.
"§ 7B-2402.  Open hearings.
All hearings authorized or required pursuant to this Subchapter shall be open to the public unless the court closes the hearing or part of the hearing for good cause, upon motion of a party or its own motion.
"§ 7B-2403.  Adjudicatory hearing.
The adjudicatory hearing shall be held within a reasonable time in the district at the time and place the chief district judge designates.
"§ 7B-2404.  Participation of the prosecutor.
A prosecutor shall represent the State in contested delinquency hearings including first appearance, detention, probable cause, transfer, adjudicatory, dispositional, probation revocation, post-release supervision, and extended jurisdiction hearings.
"§ 7B-2405.  Conduct of the adjudicatory hearing.
The adjudicatory hearing shall be a judicial process designed to determine whether the juvenile is undisciplined or delinquent. In the adjudicatory hearing, the court shall protect the following rights of the juvenile and the juvenile's parent, guardian, or custodian to assure due process of law:
(1)	The right to written notice of the facts alleged in the petition;
(2)	The right to counsel;
(3)	The right to  confront and cross-examine witnesses;
(4)	The privilege against self-incrimination;
(5)	The right of discovery; and
(6)	All rights afforded adult offenders except the right to bail, the right of self-representation, and the right of trial by jury.
"§ 7B-2406.  Continuances.
The court for good cause may continue the hearing for as long as is reasonably required to receive additional evidence, reports, or assessments that the court has requested, or other information needed in the best interests of the juvenile and to allow for a reasonable time for the parties to conduct expeditious discovery. Otherwise, continuances shall be granted only in extraordinary circumstances when necessary for the proper administration of justice or in the best interests of the juvenile.
"§ 7B-2407.  When admissions by juvenile may be accepted.
(a)	The court may accept an admission from a juvenile only after first addressing the juvenile personally and:
(1)	Informing the juvenile that the juvenile has a right to remain silent and that any statement the juvenile makes may be used against the juvenile;
(2)	Determining that the juvenile understands the nature of the charge;
(3)	Informing the juvenile that the juvenile has a right to deny the allegations;
(4)	Informing the juvenile that by the juvenile's admissions the juvenile waives the juvenile's right to be confronted by the witnesses against the juvenile;
(5)	Determining that the juvenile is satisfied with the juvenile's representation; and
(6)	Informing the juvenile of the most restrictive disposition on the charge.
(b)	By inquiring of the prosecutor, the juvenile's attorney, and the juvenile personally, the court shall determine whether there were any prior discussions involving admissions, whether the parties have entered into any arrangement with respect to the admissions and the terms thereof, and whether any improper pressure was exerted. The court may accept an admission from a juvenile only after determining that the admission is a product of informed choice.
(c)	The court may accept an admission only after determining that there is a factual basis for the admission. This determination may be based upon any of the following information: a statement of the facts by the prosecutor; a written statement of the juvenile; sworn testimony which may include reliable hearsay; or a statement of facts by the juvenile's attorney.
"§ 7B-2408.  Rules of evidence.
If the juvenile denies the allegations of the petition, the court shall proceed in accordance with the rules of evidence applicable to criminal cases. In addition, no statement made by a juvenile to the intake counselor during the preliminary inquiry and evaluation process shall be admissible prior to the dispositional hearing.
"§ 7B-2409.  Quantum of proof in adjudicatory hearing.
The allegations of a petition alleging the juvenile is delinquent shall be proved beyond a reasonable doubt. The allegations in a petition alleging undisciplined behavior shall be proved by clear and convincing evidence.
"§ 7B-2410.  Record of proceedings.
All adjudicatory and dispositional hearings and hearings on probable cause and transfer to superior court shall be recorded by stenographic notes or by electronic or mechanical means. Records shall be reduced to a written transcript only when timely notice of appeal has been given. The court may order that other hearings be recorded.
"§ 7B-2411.  Adjudication.
If the court finds that the allegations in the petition have been proved as provided in G.S. 7B-2409, the court shall so state. If the court finds that the allegations have not been proved, the court shall dismiss the petition with prejudice and the juvenile shall be released from secure or nonsecure custody if the juvenile is in custody.
"§ 7B-2412.  Legal effect of adjudication of delinquency.
An adjudication that a juvenile is delinquent or commitment of a juvenile to the Division of Youth Services shall neither be considered conviction of any criminal offense nor cause the juvenile to forfeit any citizenship rights.
"§ 7B-2413.  Predisposition investigation and report.
The court shall proceed to the dispositional hearing upon receipt of sufficient social, medical, psychiatric, psychological, and educational information. No predisposition report shall be submitted to or considered by the court prior to the completion of the adjudicatory hearing. The court shall permit the juvenile to inspect any predisposition report to be considered by the court in making the disposition unless the court determines that disclosure would seriously harm the juvenile's treatment or rehabilitation or would violate a promise of confidentiality. Opportunity to offer evidence in rebuttal shall be afforded the juvenile and the juvenile's parent, guardian, or custodian at the dispositional hearing. The court may order counsel not to disclose parts of the report to the juvenile or the juvenile's parent, guardian, or custodian if the court finds that disclosure would seriously harm the treatment or rehabilitation of the juvenile or would violate a promise of confidentiality given to a source of information.
"ARTICLE 25.
"Dispositions.
"§ 7B-2500.  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, including the protection of the public.  The court should develop a disposition in each case that:
(1)	Promotes public safety;
(2)	Emphasizes accountability and responsibility of both the parent, guardian, or custodian and the juvenile for the juvenile's conduct; and
(3)	Provides the appropriate consequences, treatment, training, and rehabilitation to assist the juvenile toward becoming a nonoffending, responsible, and productive member of the community.
"§ 7B-2500.1.  Dispositional hearing.
(a)	The dispositional hearing may be informal, and the court may consider written reports or other evidence concerning the needs of the juvenile.
(b)	The juvenile and the juvenile's parent, guardian, or custodian shall have an opportunity to present evidence, and they may advise the court concerning the disposition they believe to be in the best interests of the juvenile.
(c)	In choosing among statutorily permissible dispositions, the court shall select the most appropriate disposition both in terms of kind and duration for the delinquent juvenile.  Within the guidelines set forth in G.S. 7B-2505, the court shall select a disposition that is designed to protect the public and to meet the needs and best interests of the juvenile, based upon:
(1)	The seriousness of the offense;
(2)	The need to hold the juvenile accountable;
(3)	The importance of protecting the public safety;
(4)	The degree of culpability indicated by the circumstances of the particular case; and
(5)	The rehabilitative and treatment needs of the juvenile.
(d)	The court may dismiss the case, or 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.
"§ 7B-2500.2.  Evaluation and treatment of undisciplined and delinquent juveniles.
(a)	In any case, the court may order that the juvenile be examined by a physician, psychiatrist, psychologist, or other qualified expert as may be needed for the court to determine the needs of the juvenile.
(b)	Upon completion of the examination, the court shall conduct a hearing to determine whether the juvenile is in need of medical, surgical, psychiatric, psychological, or other evaluation or treatment and who should pay the cost of the evaluation or treatment. The county manager, or any other person who is designated by the chair of the board of county commissioners, of the county of the juvenile's residence shall be notified of the hearing, and allowed to be heard. If the court finds the juvenile to be in need of medical, surgical, psychiatric, psychological, or other evaluation or treatment, the court shall permit the parent, guardian, custodian, or other responsible persons to arrange for evaluation or treatment. If the parent, guardian, or custodian declines or is unable to make necessary arrangements, the court may order the needed evaluation or treatment, surgery, or care, and the court may order the parent to pay the cost of the care pursuant to Article 27 of this Chapter. If the court finds the parent is unable to pay the cost of evaluation or treatment, the court shall order the county to arrange for evaluation or treatment of the juvenile and to pay for the cost of the evaluation or treatment. The county department of social services shall recommend the facility that will provide the juvenile with evaluation or treatment.
(c)	If the court believes, or if there is evidence presented to the effect that the juvenile is mentally ill or is developmentally disabled, the court shall refer the juvenile to the area mental health, developmental disabilities, and substance abuse services director for appropriate action. A juvenile shall not be committed directly to a State hospital or mental retardation center; and orders purporting to commit a juvenile directly to a State hospital or mental retardation center except for an examination to determine capacity to proceed shall be void and of no effect. The area mental health, developmental disabilities, and substance abuse director shall be responsible for arranging an interdisciplinary evaluation of the juvenile and mobilizing resources to meet the juvenile's needs. If institutionalization is determined to be the best service for the juvenile, admission shall be with the voluntary consent of the parent or guardian. If the parent, guardian, or custodian refuses to consent to a mental hospital or retardation center admission after such institutionalization is recommended by the area mental health, developmental disabilities, and substance abuse director, the signature and consent of the court may be substituted for that purpose. In all cases in which a regional mental hospital refuses admission to a juvenile referred for admission by the court and an area mental health, developmental disabilities, and substance abuse director or discharges a juvenile previously admitted on court referral prior to completion of the juvenile's treatment, the hospital shall submit to the court a written report setting out the reasons for denial of admission or discharge and setting out the juvenile's diagnosis, indications of mental illness, indications of need for treatment, and a statement as to the location of any facility known to have a treatment program for the juvenile in question.
"§ 7B-2501.  Dispositional alternatives for undisciplined juveniles.
The following alternatives for disposition shall be available to the court exercising jurisdiction over a juvenile who has been adjudicated undisciplined. The court may combine any of the applicable alternatives when the court finds it to be in the best interests of the juvenile:
(1)	In the case of any juvenile who needs more adequate care or supervision or who needs placement, the judge may:
a.	Require that the juvenile be supervised in the juvenile's own home by a department of social services in the juvenile's county of residence, a court counselor, or other personnel as may be available to the court, subject to conditions applicable to the parent, guardian, or custodian or the juvenile as the judge may specify; or
b.	Place the juvenile in the custody of a parent, guardian, custodian, relative, private agency offering placement services, or some other suitable person; or
c.	Place the juvenile in the custody of a department of social services in the county of the juvenile's residence, or in the case of a juvenile who has legal residence outside the State, in the physical custody of a department of social services in the county where the juvenile is found so that agency may return the juvenile to the responsible authorities in the juvenile's home state. The director may, unless otherwise ordered by the judge, arrange for, provide, or consent to, needed routine or emergency medical or surgical care or treatment. In the case where the parent is unknown, unavailable, or unable to act on behalf of the child or children, the director may, unless otherwise ordered by the judge, arrange for, provide or consent to any psychiatric, psychological, educational, or other remedial evaluations or treatment for the juvenile placed by a judge or the judge's designee in the custody or physical custody of a county department of social services under the authority of this or any other Chapter of the General Statutes. Prior to exercising this authority, the director shall make reasonable efforts to obtain consent from a parent or guardian of the affected child. If the director cannot obtain consent, the director shall promptly notify the parent or guardian that care or treatment has been provided and shall give the parent or guardian frequent status reports on the circumstances of the child. Upon request of a parent or guardian of the affected child, the results or records of the aforementioned evaluations, findings, or treatment shall be made available to the parent or guardian by the director unless prohibited by G.S. 122C-53(d).
(2)	Place the juvenile under the protective supervision of a court counselor for no more than one year.
(3)	Excuse the juvenile from compliance with the compulsory school attendance law when the court 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 court finds to be in the best interests of the juvenile.
"§ 7B-2502.  Conditions of protective supervision for undisciplined juveniles.
The court may place a juvenile on protective supervision pursuant to G.S. 7B-2501 so that the court counselor may (i)	assist the juvenile in securing social, medical, and educational services and (ii) visit and work with the family as a unit to ensure the juvenile is provided proper supervision and care. The court may impose any combination of the following conditions of protective supervision that are related to the needs of the juvenile, including:
(1)	That the juvenile shall remain on good behavior and not violate any laws;
(2)	That the juvenile attend school regularly;
(3)	That the juvenile maintain passing grades in up to four courses during each grading period and meet with the court counselor and a representative of the school to make a plan for how to maintain those passing grades;
(4)	That the juvenile not associate with specified persons or be in specified places;
(5)	That the juvenile abide by a prescribed curfew;
(6)	That the juvenile report to a court counselor as often as required by a court counselor;
(7)	That the juvenile be employed regularly if not attending school; and
(8)	That the juvenile satisfy any other conditions determined appropriate by the court.
"§ 7B-2503.  Contempt of court for undisciplined juveniles.
Upon motion of the court counselor or on the court's own motion, the court may issue an order directing a juvenile who has been adjudicated undisciplined to appear and show cause why the juvenile should not be held in contempt for willfully failing to comply with an order of the court.  The first time the juvenile is held in contempt, the court may order the juvenile confined in an approved detention facility for a period not to exceed 24 hours.  The second time the juvenile is held in contempt, the court may order the juvenile confined in an approved detention facility for a period not to exceed three days.  The third time and all subsequent times the juvenile is held in contempt, the court may order the juvenile confined in an approved detention facility for a period not to exceed five days.
"§ 7B-2504.  Dispositional alternatives for delinquent juveniles.
The court exercising jurisdiction over a juvenile who has been adjudicated delinquent may use the following alternatives in accordance with the dispositional structure set forth in G.S. 7B-2505:
(1)	In the case of any juvenile who needs more adequate care or supervision or who needs placement, the judge may:
a.	Require that a juvenile be supervised in the juvenile's own home by the department of social services in the juvenile's county, a court counselor, or other personnel as may be available to the court, subject to conditions applicable to the parent, guardian, or custodian or the juvenile as the judge may specify; or
b.	Place the juvenile in the custody of a parent, guardian, custodian, relative, private agency offering placement services, or some other suitable person; or
c.	Place the juvenile in the custody of the department of social services in the county of his residence, or in the case of a juvenile who has legal residence outside the State, in the physical custody of a department of social services in the county where the juvenile is found so that agency may return the juvenile to the responsible authorities in the juvenile's home state. The director may, unless otherwise ordered by the judge, arrange for, provide, or consent to, needed routine or emergency medical or surgical care or treatment. In the case where the parent is unknown, unavailable, or unable to act on behalf of the child or children, the director may, unless otherwise ordered by the judge, arrange for, provide, or consent to any psychiatric, psychological, educational, or other remedial evaluations or treatment for the juvenile placed by a judge or his designee in the custody or physical custody of a county department of social services under the authority of this or any other Chapter of the General Statutes. Prior to exercising this authority, the director shall make reasonable efforts to obtain consent from a parent or guardian of the affected child. If the director cannot obtain such consent, the director shall promptly notify the parent or guardian that care or treatment has been provided and shall give the parent or guardian frequent status reports on the circumstances of the child. Upon request of a parent or guardian of the affected child, the results or records of the aforementioned evaluations, findings, or treatment shall be made available to such parent or guardian by the director unless prohibited by G.S. 122C-53(d).
(2)	Excuse the juvenile from compliance with the compulsory school attendance law when the court 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 court finds to be in the best interests of the juvenile.
(3)	Order the juvenile to cooperate with a community-based program or a professional residential or nonresidential treatment program. Participation in the programs shall not exceed 12 months.
(4)	Require restitution, full or partial, payable within a 12-month period to any person who has suffered loss or damage as a result of the offense committed by the juvenile. The court may determine the amount, terms, and conditions of the restitution. If the juvenile participated with another person or persons, all participants should be jointly and severally responsible for the payment of restitution; however, the court shall not require the juvenile to make restitution if the juvenile satisfies the court that the juvenile does not have, and could not reasonably acquire, the means to make restitution.
(5)	Impose a fine related to the seriousness of the juvenile's offense. If the juvenile has the ability to pay the fine, it shall not exceed the maximum fine for the offense if committed by an adult.
(6)	Order the juvenile to perform supervised community service consistent with the juvenile's age, skill, and ability, specifying the nature of the work and the number of hours required. The work shall be related to the seriousness of the juvenile's offense and in no event may the obligation to work exceed 12 months.
(7)	Order the juvenile to participate in the victim-offender reconciliation program.
(8)	Place the juvenile on probation under the supervision of a court counselor, as specified in G.S. 7B-2506.
(9)	Order that the juvenile shall not be licensed to operate a motor vehicle in the State of North Carolina for as long as the court retains jurisdiction over the juvenile or for any shorter period of time and notify the Division of Motor Vehicles of that order.
(10)	Impose a curfew upon the juvenile.
(11)	Order the juvenile to cooperate with placement in a residential treatment facility or in a group home other than a multipurpose group home operated by a State agency.
(12)	Order the juvenile to cooperate with placement in a wilderness program.
(13)	Impose confinement on an intermittent basis in an approved detention facility.  Confinement shall be limited to not more than five 24-hour periods, the timing of which is determined by the court in its discretion.
(14)	Place the juvenile on intensive probation under the supervision of a court counselor.
(15)	Order the juvenile to cooperate with a supervised day program requiring the juvenile to be present at a specified place for all or part of every day or of certain days. The court also may require the juvenile to comply with any other reasonable conditions specified in the dispositional order that are designed to facilitate supervision.
(16)	Order the juvenile to participate in a regimented training program.
(17)	Order the juvenile to submit to house arrest.
(18)	Suspend imposition of a more severe, statutorily permissible disposition with the provision that the juvenile meet certain conditions agreed to by the juvenile and specified in the dispositional order. The conditions shall not exceed the allowable dispositions for the level under which disposition is being imposed.
(19)	Order that the juvenile be confined in a secure juvenile detention facility for a term of up to 14 24-hour periods, which confinement shall not be imposed consecutively with intermittent confinement pursuant to subdivision (13) of this section at the same dispositional hearing.
(20)	Order the residential placement of a juvenile in a multipurpose group home operated by a State agency.
(21)	Commit the juvenile to the Division of Youth Services in accordance with G.S. 7B-2509 for a period of not less than six months.
"§ 7B-2504.1.  Delinquency history levels.
(a)	Generally. – The delinquency history level for a delinquent juvenile is determined by calculating the sum of the points assigned to each of the juvenile's prior adjudications and to the juvenile's probation status, if any, that the court finds to have been proved in accordance with this section.
(b)	Points. – Points are assigned as follows:
(1)	For each prior adjudication of a Class A through E felony offense, 4 points.
(2)	For each prior adjudication of a Class F through I felony offense or Class A1 misdemeanor offense, 2 points.
(3)	For each prior adjudication of a Class 1, 2, or 3 misdemeanor offense, 1 point.
(4)	If the juvenile was on probation at the time of adjudication, 2 points.
(c)	Delinquency History Levels. – The delinquency history levels are:
(1)	Low – 0 points.
(2)	Medium – At least 1, but not more than 3 points.
(3)	High – At least 4 points.
In determining the delinquency history level, the classification of a prior offense is the classification assigned to that offense at the time the juvenile committed the offense for which disposition is being ordered.
(d)	Multiple Prior Adjudications Obtained in One Court Session. – For purposes of determining the delinquency history level, if a juvenile is adjudicated delinquent for more than one offense in a single session of district court, only the adjudication for the offense with the highest point total is used.
(e)	Classification of Prior Adjudications From Other Jurisdictions. – Except as otherwise provided in this subsection, an adjudication occurring in a jurisdiction other than North Carolina is classified as a Class I felony if the jurisdiction in which the offense occurred classifies the offense as a felony, or is classified as a Class 3 misdemeanor if the jurisdiction in which the offense occurred classifies the offense as a misdemeanor. If the juvenile proves by the preponderance of the evidence that an offense classified as a felony in the other jurisdiction is substantially similar to an offense that is a misdemeanor in North Carolina, the conviction is treated as that class of misdemeanor for assigning delinquency history level points. If the State proves by the preponderance of the evidence that an offense classified as either a misdemeanor or a felony in the other jurisdiction is substantially similar to an offense in North Carolina that is classified as a Class I felony or higher, the conviction is treated as that class of felony for assigning delinquency history level points. If the State proves by the preponderance of the evidence that an offense classified as a misdemeanor in the other jurisdiction is substantially similar to an offense classified as a Class A1 misdemeanor in North Carolina, the adjudication is treated as a Class A1 misdemeanor for assigning delinquency history level points.
(f)	Proof of Prior Adjudications. – A prior adjudication shall be proved by any of the following methods:
(1)	Stipulation of the parties.
(2)	An original or copy of the court record of the prior adjudication.
(3)	A copy of records maintained by the Division of Criminal Information or of the Administrative Office of the Courts.
(4)	Any other method found by the court to be reliable.
The State bears the burden of proving, by a preponderance of the evidence, that a prior adjudication exists and that the juvenile before the court is the same person as the juvenile named in the prior adjudication.  The original or a copy of the court records or a copy of the records maintained by the Division of Criminal Information or of the Administrative Office of the Courts, bearing the same name as that by which the juvenile is charged, is prima facie evidence that the juvenile named is the same person as the juvenile before the court, and that the facts set out in the record are true. For purposes of this subsection, 'a copy' includes a paper writing containing a reproduction of a record maintained electronically on a computer or other data processing equipment, and a document produced by a facsimile machine. The prosecutor shall make all feasible efforts to obtain and present to the court the juvenile's full record. Evidence presented by either party at trial may be utilized to prove prior adjudications.  If asked by the juvenile, the prosecutor shall furnish the juvenile's prior adjudications to the juvenile within a reasonable time sufficient to allow the juvenile to determine if the record available to the prosecutor is accurate.
"§ 7B-2505.  Dispositional limits for each class of offense and delinquency history level.
(a)	Offense Classification. – The offense classifications are as follows:
(1)	Violent – adjudication of a Class A through E felony offense;
(2)	Serious – adjudication of a Class F through I felony offense or a Class A1 misdemeanor;
(3)	Minor – adjudication of a Class 1, 2, or 3 misdemeanor.
(b)	Delinquency History Levels. – A delinquency history level shall be determined for each delinquent juvenile as provided in G.S. 7B-2504.1.
(c)	Level 1 – Community Disposition. – A court exercising jurisdiction over a juvenile who has been adjudicated delinquent and for whom the dispositional chart in subsection (f) of this section prescribes a Level 1 disposition may provide for evaluation and treatment under G.S. 7B-2500.2 and for any of the dispositional alternatives contained in subdivisions (1) through (13) of G.S. 7B-2504.  In determining which dispositional alternative is appropriate, the court shall consider the needs of the juvenile, the appropriate community resources available to meet those needs, and the protection of the public.
(d)	Level 2 – Intermediate Disposition. – A court exercising jurisdiction over a juvenile who has been adjudicated delinquent and for whom the dispositional chart in subsection (f) of this section prescribes a Level 2 disposition may provide for evaluation and treatment under G.S. 7B-2500.2 and for any of the dispositional alternatives contained in subdivisions (1) through (20) of G.S. 7B-2504, but shall provide for at least one of the intermediate dispositions authorized in subdivisions (12) and (14) through (20) of G.S. 7B-2504.  In determining which dispositional alternative is appropriate, the court shall consider the needs of the juvenile, the appropriate community resources available to meet those needs, and the protection of the public.
(e)	Level 3 – Commitment. – A court exercising jurisdiction over a juvenile who has been adjudicated delinquent and for whom the dispositional chart in subsection (f) of this section prescribes a Level 3 disposition shall commit the juvenile to the Division of Youth Services in accordance with G.S. 7B-2504(21).  However, a court may impose a Level 2 disposition rather than a Level 3 disposition if the court submits written findings on the record that substantiate extraordinary needs on the part of the offending juvenile.
(f)	Dispositions for Each Class of Offense and Delinquency History Level; Disposition Chart Described. – The authorized disposition for each class of offense and delinquency history level is as specified in the chart below.  Delinquency history levels are indicated horizontally on the top of the chart. Classes of offense are indicated vertically on the left side of the chart. Each cell on the chart indicates which of the dispositional levels described in subsections (c) through (e) of this section are prescribed for that combination of offense classification and delinquency history level:

DELINQUENCY HISTORY
OFFENSE
LOW	MEDIUM	HIGH

VIOLENT	Level 2 or 3	Level 3	Level 3

SERIOUS	Level 1 or 2	Level 2	Level 2 or 3

MINOR	Level 1	Level 1 or 2	Level 2.

(g)	The court may consider as a mitigating factor evidence of a juvenile's cooperation with law enforcement in providing information about other persons with whom the juvenile acted in the commission of the offense for which the juvenile was adjudicated.  A mitigating factor may be used in determining the appropriate dispositional options within the level prescribed by the dispositional chart in subsection (f) of this section.
"§ 7B-2506.  Conditions of probation; violation of probation.
(a)	In any case where a juvenile is placed on probation pursuant to G.S. 7B-2504(8), the court counselor shall have the authority to visit the juvenile where the juvenile resides.  The court may impose conditions of probation that are related to the needs of the juvenile and that are reasonably necessary to ensure that the juvenile will lead a law-abiding life, including:
(1)	That the juvenile shall remain on good behavior and not violate any laws.
(2)	That the juvenile attend school regularly.
(3)	That the juvenile maintain passing grades in up to four courses during each grading period and meet with the court counselor and a representative of the school to make a plan for how to maintain those passing grades.
(4)	That the juvenile not associate with specified persons or be in specified places.
(5)	That the juvenile remain free of any controlled substance included in any schedule of Article 5 of Chapter 90 of the General Statutes, the Controlled Substances Act, and the juvenile submit to random drug testing.
(6)	That the juvenile abide by a prescribed curfew.
(7)	That the juvenile submit to a warrantless search at reasonable times.
(8)	That the juvenile possess no firearm, explosive device, or other deadly weapon.
(9)	That the juvenile report to a court counselor as often as required by a court counselor.
(10)	That the juvenile make specified financial restitution or pay a fine in accordance with G.S. 7B-2504(4) and (5).
(11)	That the juvenile be employed regularly if not attending school.
(12)	That the juvenile satisfy any other conditions determined appropriate by the court.
(b)	In addition to the regular conditions of probation specified in subsection (a) of this section, the court may order the juvenile to comply, if directed to comply by the court counselor, with one or more of the following conditions:
(1)	Perform up to 20 hours of community service;
(2)	Submit to substance abuse monitoring and treatment;
(3)	Cooperate with electronic monitoring;
(4)	Cooperate with intensive supervision; and
(5)	Participate in a life skills or an educational skills program administered by the department.
(c)	An order of probation shall remain in force for a period not to exceed two years from the date entered.  Prior to expiration of an order of probation, the court may extend it for an additional period of one year after a hearing if the court finds that the extension is necessary to protect the community or to safeguard the welfare of the juvenile.
(d)	If the juvenile violates the conditions of probation set by the court, the court may elect to continue the original conditions of probation, modify the conditions of probation, or, except as provided in subsection (e) of this section, order a new disposition at the next higher level on the disposition chart in G.S. 7B-2505.  In the court's discretion, part of the new disposition may include an order of confinement in a secure juvenile detention facility for up to twice the term authorized by G.S. 7B-2505.
"§ 7B-2507.  Probation review.
The court may review the progress of any juvenile on probation at any time during the period of probation or at the end of probation.  Except as provided in G.S. 7B-2506, the conditions or duration of probation may be modified only as provided in this Subchapter and only after there is notice and a hearing. If a juvenile violates the conditions of probation, the juvenile and the juvenile's parent, guardian, or custodian after notice may be required to appear before the court and the court may make any disposition of the matter authorized by this Subchapter. At the end of or at any time during probation, the court may terminate probation by written order upon finding that there is no further need for supervision. The finding and order terminating probation may be entered in chambers in the absence of the juvenile and may be based on a report from the court counselor or, at the election of the court, the order may be entered with the juvenile present after notice and a hearing.
"§ 7B-2508.  Dispositional order.
The dispositional order shall be in writing and shall contain appropriate findings of fact and conclusions of law. The court shall state with particularity, both orally and in the written order of disposition, the precise terms of the disposition including the kind, duration, and the person who is responsible for carrying out the disposition and the person or agency in whom custody is vested.
"§ 7B-2509.  Commitment of delinquent juvenile to Division of Youth Services.
(a)	Pursuant to G.S. 7B-2504 and G.S. 7B-2505, the court may commit a delinquent juvenile who is at least 10 years of age to the Division of Youth Services for placement in one of the residential facilities operated by the Division. Commitment shall be for a definite or indefinite term of at least six months.  In no event shall the term exceed the nineteenth birthday of the juvenile.
(b)	The court may commit a juvenile to a definite term of not more than two years if the court 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.
(c)	The chief court counselor shall have the responsibility for transporting the juvenile to the residential facility designated by the Division of Youth Services. The juvenile shall be accompanied to the residential facility by a person of the same sex.
(d)	The chief court counselor shall ensure that the records requested by the Director of Youth Services accompany the juvenile upon transportation for admittance to a training school or, if not obtainable at the time of admission, are sent to the training school 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, the chief court counselor shall so stipulate in writing to the training school. If such records do exist, but the chief court counselor is unable to obtain copies of them, a district court may order that the records from public agencies be made available to the training school. 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 interests of the juvenile.
(e)	 A commitment order accompanied by information requested by the Director shall be forwarded to the Division. The Director shall place the juvenile in the residential facility that would best provide for the juvenile's needs and shall notify the committing court. The Secretary 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 court 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 over the juvenile and the juvenile's parent, guardian, or custodian. 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, custodian, agency, or institution in whom it was vested.
(h)	Pending placement of a juvenile with the Division of Youth Services, the court may house a juvenile who has been adjudicated delinquent for an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult in a holdover facility up to 72 hours if the court, based on the information provided by the court counselor, determines that no acceptable alternative placement is available and the protection of the public requires that the juvenile be housed in a holdover facility.
"§ 7B-2510.  Post-release supervision planning; hearing.
(a)	The Director of the Division of Youth Services shall be responsible for evaluation of the progress of each juvenile at least once every six months as long as the juvenile remains in the care of the Division. If the Director determines that a juvenile is ready for release, the Director, in consultation with the court counselor, shall initiate a post-release supervision planning process. The post-release supervision planning process shall be defined by rules and regulations of the Division of Youth Services, but shall include the following:
(1)	Written notification shall be given to the court that ordered commitment.
(2)	A post-release supervision planning conference shall be held involving as many as possible of the following: the juvenile, the juvenile's parent, guardian, or custodian, court counselors who have supervised the juvenile on probation or will supervise the juvenile on post-release supervision, and staff of the facility that found the juvenile ready for release. The planning conference shall include personal contact and evaluation rather than telephonic notification.
(3)	The planning conference participants shall consider, based on the individual needs of the juvenile and pursuant to rules adopted by the Division, placement of the juvenile in any program under the auspices of the Division, including the Community-Based Alternatives programs, or under the Department, that, in the judgment of the Division, may serve as a transitional placement, pending release under G.S. 7B-2512.
(b)	The Division, in consultation with the court counselor, shall develop the plan in writing and base the terms on the needs of the juvenile and the protection of the public. Every plan shall require the juvenile to complete at least 90 days of post-release supervision.  At least 45 days prior to release, the Division shall provide a copy of the plan to the juvenile, the juvenile's parent, guardian, or custodian, the chief district court judge, the district attorney, and the court counselor who will provide post-release supervision. Within 10 days of receipt of the plan, the juvenile, the court counselor, or the prosecutor may file a motion to request a hearing to determine whether release of the juvenile to post-release supervision is appropriate.  If no motion is filed and the court does not initiate a hearing on its own motion, the plan shall become effective and the juvenile shall be released as scheduled.
(c)	Within 10 days of the filing of the motion, the court shall conduct a post-release supervision hearing to determine whether release of the juvenile to post-release supervision is appropriate.  After review of the plan, the court shall order the conditions of post-release supervision if it finds the juvenile should be placed on post-release supervision. The juvenile, the juvenile's attorney, and the juvenile's parent, guardian, or custodian shall be notified in writing of the hearing at least 10 days prior to the scheduled hearing date. The court counselor and the prosecutor shall attend the hearing and, if the court requests, present testimony or evidence as to whether the juvenile has completed the plan for care or treatment developed pursuant to G.S. 7B-2509.
(d)	The court shall release a juvenile under a plan of post-release supervision at least 90 days prior to the later of:
(1)	Completion of the juvenile's definite term of commitment; or
(2)	If the juvenile is committed for an indefinite term, either on the juvenile's eighteenth birthday if no motion for extended jurisdiction has been filed pursuant to G.S. 7B-2513 or on the juvenile's nineteenth birthday.
(e)	Notwithstanding Articles 30 and 31 of Subchapter III of this Chapter, before the court releases a juvenile who is serving a commitment for a Class A or B1 felony to post-release supervision, the Division shall notify, at least 45 days in advance of the scheduled release date, by first-class mail at the last known address:
(1)	The juvenile;
(2)	The juvenile's parent, guardian, or custodian;
(3)	The district attorney of the district where the juvenile was adjudicated;
(4)	The head law enforcement agency that took the juvenile into custody; and
(5)	The victim and any of the victim's immediate family members who have requested in writing to be notified.
The notification shall include only the juvenile's name, offense, date of commitment, and date of any scheduled release hearing. A copy of the notice shall be placed in the juvenile's file.
(f)	The court may release a juvenile under an indefinite commitment to post-release supervision only after the juvenile has been committed for a period of at least six months.
(g)	A juvenile committed to the Division of Youth Services for a definite term shall receive credit toward that term for the time the juvenile spends on post-release supervision.
"§ 7B-2511.  Revocation of post-release supervision.
If a juvenile fails to complete the terms of post-release supervision, the court counselor providing post-release supervision may make a motion for review in the court in the district where the juvenile has been residing during post-release supervision. The court shall hold a hearing to determine whether there has been a violation. With respect to any hearing pursuant to this section, the juvenile:
(1)	Shall have reasonable notice in writing of the nature and content of the allegations in the motion, including notice that the purpose of the hearing is to determine whether the juvenile has violated the terms of post-release supervision to the extent that post-release supervision should be revoked;
(2)	Shall be represented by an attorney at the hearing;
(3)	Shall have the right to confront and cross-examine any persons who have made allegations against the juvenile; and
(4)	May admit, deny, or explain the violation alleged and may present proof, including affidavits or other evidence, in support of the juvenile's contentions. A record of the proceeding shall be made and preserved in the juvenile's record.
If the court determines that the juvenile has violated the terms of post-release supervision, the court may revoke the post-release supervision or make any other disposition authorized by this Subchapter.
If the court revokes the post-release supervision, the chief court counselor shall have the responsibility for returning the juvenile to the facility specified by the Division of Youth Services.
"§ 7B-2512.  Final discharge.
(a)	The court shall release a juvenile from the custody of the Division of Youth Services only after the juvenile completes post-release supervision or when the juvenile is released to the Department of Correction pursuant to G.S. 15A-1340.16B.
(b)	Notwithstanding the provisions of this section, in no event shall a juvenile remain committed after the juvenile's eighteenth birthday except pursuant to G.S. 7B-2513.
"§ 7B-2513.  Extended jurisdiction under certain circumstances; review hearing.
(a)	By order of the court, juvenile court jurisdiction over a juvenile may be extended past the age of 18 years until the person reaches the person's nineteenth birthday.  The provisions of this Subchapter shall apply to any person under the jurisdiction of the juvenile court pursuant to this section, regardless of whether the term 'person' or 'juvenile' is used in the provision.
(b)	When the chief court counselor, or the Division of Youth Services if the juvenile is committed to the Division, determines a juvenile should remain under the jurisdiction of the court for a period of time after the age of 18 years, the chief court counselor or Division shall file a motion for a review hearing in the judicial district where the juvenile was adjudicated.  This motion shall be filed at least 180 days prior to the eighteenth birthday of the juvenile. The chief court counselor or Division shall notify the juvenile, the juvenile's attorney, and the juvenile's parent, guardian, or custodian in writing of the date and time of the scheduled hearing at least 10 days prior to the scheduled hearing date.
(c)	Within 30 days after the motion is filed, the court shall conduct a review hearing to determine whether the juvenile shall remain under the jurisdiction of the court.  The court counselor and the prosecutor shall attend the hearing and, if the court requests, present testimony or evidence as to whether the juvenile continues to be in need of and can benefit from further treatment or services.
(d)	In determining whether to order that the juvenile remain under the jurisdiction of the court, the court shall consider:
(1)	The recommendation of the chief court counselor or the Director of the Division of Youth Services based on the juvenile's progress;
(2)	The likelihood that continued jurisdiction will lead to further rehabilitation;
(3)	The safety and protection of the facility's juvenile population, if applicable; and
(4)	The protection of the public.
(e)	If the court orders the juvenile remain under the jurisdiction of the court and the juvenile is committed to the Division of Youth Services, commitment shall be for a definite term or an indefinite term not to exceed the nineteenth birthday of the person.
(f)	The Director shall modify the plan for care or treatment of the juvenile prepared pursuant to G.S. 7B-2509.
"§ 7B-2514.  Transfer authority of Governor.
The Governor may order transfer of any person less than 18 years of age from any jail or penal facility of the State to one of the residential facilities operated by the Division of Youth Services in appropriate circumstances, provided the Governor shall consult with the Department concerning the feasibility of the transfer in terms of available space, staff, and suitability of program.
When an inmate, committed to the Department of Correction, is transferred by the Governor to a residential program operated by the Division of Youth Services, the Division of Youth Services may release the juvenile based on the needs of the juvenile and the best interests of the State. Transfer shall not divest the probation or parole officer of the officer's responsibility to supervise the inmate on release.
"ARTICLE 26.
"Modification and Enforcement of Dispositional Orders; Appeals.
"§ 7B-2600.  Authority to modify or vacate.
(a)	Upon motion in the cause or petition, and after notice, the court may conduct a review hearing to determine whether the order of the court is in the best interests of the juvenile, and the court may modify or vacate the order in light of changes in circumstances or the needs of the juvenile.
(b)	In a case of delinquency, the court may reduce the nature or the duration of the disposition on the basis that it was imposed in an illegal manner or is unduly severe with reference to the seriousness of the offense, the culpability of the juvenile, or the dispositions given to juveniles convicted of similar offenses.
(c)	In any case where the court finds the juvenile to be delinquent or undisciplined, the jurisdiction of the court to modify any order or disposition made in the case shall continue (i) during the minority of the juvenile, (ii) until the juvenile reaches the age of 19 years, if the court has extended jurisdiction,  or (iii) until terminated by order of the court.
"§ 7B-2601.  Request for modification for lack of suitable services.
If the Director of the Division of Youth Services finds that any juvenile committed to the Division's care is not suitable for its program, the Director may make a motion in the cause so that the court may make an alternative disposition that is consistent with G.S. 7B-2505.
"§ 7B-2602.  Right to appeal.
Upon motion of a proper party as defined in G.S. 7B-2603, review of any final order of the court in a juvenile matter under this Article shall be before the Court of Appeals. Notice of appeal shall be given in open court at the time of the hearing or in writing within 10 days after entry of the order. However, if no disposition is made within 60 days after entry of the order, written notice of appeal may be given within 70 days after such entry. A final order shall include:
(1)	Any order finding absence of jurisdiction;
(2)	Any order which in effect determines the action and prevents a judgment from which appeal might be taken;
(3)	Any order of disposition after an adjudication that a juvenile is delinquent or undisciplined; or
(4)	Any order modifying custodial rights.
"§ 7B-2603.  Proper parties for appeal.
An appeal may be taken by the juvenile, the juvenile's parent, guardian, or custodian, or the State or county agency. The State's appeal is limited to the following orders in delinquency or undisciplined cases:
(1)	An order finding a State statute to be unconstitutional; and
(2)	Any order which terminates the prosecution of a petition by upholding the defense of double jeopardy, by holding that a cause of action is not stated under a statute, or by granting a motion to suppress.
"§ 7B-2604.  Disposition pending appeal.
Pending disposition of an appeal, the release of the juvenile, with or without conditions, should issue in every case unless the court orders otherwise. For compelling reasons which must be stated in writing, the court may enter a temporary order affecting the custody or placement of the juvenile as the court finds to be in the best interests of the juvenile or the State.
"§ 7B-2605.  Disposition after appeal.
Upon the affirmation of the order of adjudication or disposition of the court by the Court of Appeals or by the Supreme Court in the event of an appeal, the court shall have authority to modify or alter the original order of adjudication or disposition as the court finds to be in the best interests of the juvenile to reflect any adjustment made by the juvenile or change in circumstances during the period of time the appeal was pending. If the modifying order is entered ex parte, the court shall give notice to interested parties to show cause within 10 days thereafter as to why the modifying order should be vacated or altered.
"ARTICLE 27.
"Authority Over Parents of Juveniles
Adjudicated Delinquent or Undisciplined.
"§ 7B-2700.  Appearance in court.
(a)	The parent, guardian, or custodian of a juvenile under the jurisdiction of the juvenile court shall attend the hearings of which the parent, guardian, or custodian receives notice.  The court may excuse the appearance of either or both parents or the guardian or custodian at subsequent hearings.  Unless so excused, the willful failure of a parent, guardian, or custodian to attend a hearing of which the parent, guardian, or custodian has notice shall be grounds for contempt.
(b)	No employer may discharge or demote any employee because the employee is required to appear in court pursuant to this section. Any employer who violates any provision of this section shall be liable in a civil action for reasonable damages suffered by an employee as a result of the violation, and an employee discharged or demoted in violation of this section shall be entitled to be reinstated to the employee's former position. The burden of proof shall be upon the employee. The statute of limitations for actions under this section shall be one year pursuant to G.S. 1-54.
"§ 7B-2701.  Parental responsibility classes.
The court may order the parent of a juvenile who has been adjudicated undisciplined or delinquent to attend parental responsibility classes if those classes are available in the judicial district in which the parent resides.
"§ 7B-2702.  Medical, surgical, psychiatric, or psychological evaluation or treatment of juvenile or parent.
(a)	If the court orders medical, surgical, psychiatric, psychological, or other evaluation or treatment pursuant to G.S. 7B-2500.2, the court may order the parent or other responsible parties to pay the cost of the treatment or care ordered.
(b)	At the dispositional hearing or a subsequent hearing, if the court finds that it is in the best interests of the juvenile for the parent, guardian, or custodian to be directly involved in the juvenile's evaluation or treatment, the court may order that person to participate in medical, psychiatric, psychological, or other evaluation or treatment of the juvenile. The cost of the evaluation or treatment shall be paid pursuant to G.S. 7B-2500.2.
(c)	At the dispositional hearing or a subsequent hearing, the court may determine whether the best interests of the juvenile require that the parent, guardian, or custodian undergo psychiatric, psychological, or other evaluation or treatment or counseling directed toward remedying behaviors or conditions that led to or contributed to the juvenile's adjudication or to the court's decision to remove custody of the juvenile from the parent, guardian, or custodian. If the court finds that the best interests of the juvenile require the parent, guardian, or custodian undergo evaluation or treatment, it may order that person to comply with a plan of evaluation or treatment approved by the court or condition legal custody or physical placement of the juvenile with the parent, guardian, or custodian upon that person's compliance with the plan of evaluation or treatment.
(d)	In cases in which the court has ordered the parent of the juvenile, rather than a guardian or custodian, to comply with or undergo evaluation or treatment, the court may order the parent to pay the cost of evaluation or treatment ordered pursuant to this subsection. In cases in which the court has conditioned legal custody or physical placement of the juvenile with the parent upon the parent's compliance with a plan of evaluation or treatment, the court may charge the cost of the evaluation or treatment to the county of the juvenile's residence if the court finds the parent is unable to pay the cost of the evaluation or treatment. In all other cases, if the court finds the parent is unable to pay the cost of the evaluation or treatment ordered pursuant to this subsection, the court may order the parent to receive evaluation or treatment currently available from the area mental health program that serves the parent's catchment area.
"§ 7B-2703.  Compliance with orders of court.
(a)	The court may order the parent, guardian, or custodian, to the extent that person is able to do so, to provide transportation for a juvenile to keep an appointment with a court counselor or to comply with other orders of the court.
(b)	The court may order a parent, guardian, or custodian to cooperate with and assist the juvenile in complying with the terms and conditions of probation or other orders of the court.
"§ 7B-2704.  Payment of support or other expenses; assignment of insurance coverage.
At the dispositional hearing or a subsequent hearing, if the court finds that the parent is able to do so, the court may order the parent to:
(1)	Pay a reasonable sum that will cover in whole or in part the support of the juvenile. If the court requires the payment of child support, the amount of the payments shall be determined as provided in G.S. 50-13.4;
(2)	Pay a fee for probation supervision or residential facility costs;
(3)	Assign private insurance coverage to cover medical costs while the juvenile is in secure detention, training school, or other out-of-home placement; and
(4)	Pay court-appointed attorneys' fees.
If the court places a juvenile in the custody of a county department of social services and if the court finds that the parent is unable to pay the cost of the support required by the juvenile, the cost shall be paid by the county department of social services in whose custody the juvenile is placed, provided the juvenile is not receiving care in an institution owned or operated by the State or federal government or any subdivision thereof.
"§ 7B-2705.  Contempt for failure to comply.
Upon motion of the court counselor or prosecutor or upon the court's own motion, the court may issue an order directing the parent, guardian, or custodian to appear and show cause why the parent, guardian, or custodian should not be found or held in civil or criminal contempt for willfully failing to comply with an order of the court.  Chapter 5A of the General Statutes shall govern contempt proceedings initiated pursuant to this Article.
"ARTICLE 28.
"Interstate Compact on Juveniles.
"§ 7B-2800.  Execution of Compact.
The Governor is hereby authorized and directed to execute a Compact on behalf of this State with any other state or states legally joining therein in the form substantially as follows: The contracting states solemnly agree.
"§ 7B-2801.  Findings and purposes.
Juveniles who are not under proper supervision and control, or who have absconded, escaped, or run away, are likely to endanger their own health, morals, and welfare, and the health, morals, and welfare of others. The cooperation of the states party to this Compact is therefore necessary to provide for the welfare and protection of juveniles and of the public with respect to:
(1)	Cooperative supervision of delinquent juveniles on probation or parole;
(2)	The return, from one state to another, of delinquent juveniles who have escaped or absconded;
(3)	The return, from one state to another, of nondelinquent juveniles who have run away from home; and
(4)	Additional measures for the protection of juveniles and of the public, which any two or more of the party states may find desirable to undertake cooperatively.
In carrying out the provisions of this Compact, the party states shall be guided by the noncriminal, reformative, and protective policies which guide their laws concerning delinquent, neglected, or dependent juveniles generally. It shall be the policy of the states party to this Compact to cooperate and observe their respective responsibilities for the prompt return and acceptance of juveniles and delinquent juveniles who become subject to the provisions of this Compact. The provisions of this Compact shall be reasonably and liberally construed to accomplish the foregoing purposes.
"§ 7B-2802.  Existing rights and remedies.
All remedies and procedures provided by this Compact are in addition to and not in substitution for other rights, remedies, and procedures and are not in derogation of parental rights and responsibilities.
"§ 7B-2803.  Definitions.
For the purposes of this Compact, 'delinquent juvenile' means any juvenile who has been adjudged delinquent and who, at the time the provisions of this Compact are invoked, is still subject to the jurisdiction of the court that has made adjudication or to the jurisdiction or supervision of an agency or institution pursuant to an order of the court; 'probation or parole'  means any kind of post-release supervision of juveniles authorized under the laws of the states party hereto; 'court' means any court having jurisdiction over delinquent, neglected, or dependent children; 'state' means any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico; and 'residence' or any variant thereof means a place at which a home or regular place of abode is maintained.
"§ 7B-2804.  Return of runaways.
(a)	The parent, guardian, person, or agency entitled to legal custody of a juvenile who has not been adjudged delinquent but who has run away without the consent of the parent, guardian, person, or agency may petition the appropriate court in the demanding state for the issuance of a requisition for the juvenile's return. The petition shall state the name and age of the juvenile, the name of the petitioner and the basis of entitlement to the juvenile's custody, the circumstances of the running away, the juvenile's location if known at the time application is made, and any other facts that may tend to show that the juvenile who has run away is endangering the juvenile's own welfare or the welfare of others and is not an emancipated minor. The petition shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the document or documents on which the petitioner's entitlement to the juvenile's custody is based, such as birth certificates, letters of guardianship, or custody decrees. Any further affidavits and other documents as may be deemed proper may be submitted with the petition. The judge of the court to  which this application is made may hold a hearing thereon to determine whether for the purposes of this Compact the petitioner is entitled to the legal custody of the juvenile, whether or not it appears that the juvenile has in fact run away without consent, whether or not the juvenile is an emancipated minor, and whether or not it is in the best interests of the juvenile to compel the juvenile's return to the state. If the judge determines, either with or without a hearing, that the juvenile should be returned, the judge shall present to the appropriate court or to the executive authority of the state where the juvenile is alleged to be located a written requisition for the return of the juvenile. The requisition shall set forth the name and age of the juvenile, the determination of the court that the juvenile has run away without the consent of a parent, guardian, person, or agency entitled to legal custody, and that it is in the best interests and for the protection of the juvenile that the juvenile be returned. In the event that a proceeding for the adjudication of the juvenile as a delinquent, neglected, or dependent juvenile is pending in the court at the time when the juvenile runs away, the court may issue a requisition for the return of the juvenile upon its own motion, regardless of the consent of the parent, guardian, person, or agency entitled to legal custody, reciting therein the nature and circumstances of the pending proceeding. The requisition shall in every case be executed in duplicate and shall be signed by the judge. One copy of the requisition shall be filed with the Compact Administrator of the demanding state, there to remain on file subject to the provisions of law governing records of the court. Upon the receipt of a requisition demanding the return of a juvenile who has run away, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing that person to take into custody and detain the juvenile. The detention order must substantially recite the facts necessary to the validity of its issuance hereunder. No juvenile detained upon the order shall be delivered over to the officer whom the court has appointed to receive the juvenile unless the juvenile first is taken before a judge of a court in the state, who shall inform the juvenile of the demand made for the juvenile's return, and who may appoint counsel or guardian ad litem for the juvenile. If the court finds that the requisition is in order, the court shall deliver the juvenile over to the officer appointed to receive the juvenile by the court demanding the juvenile. The court, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding.
Upon reasonable information that a person is a juvenile who has run away from another state party to this Compact without the consent of a parent, guardian, person, or agency entitled to legal custody, the juvenile may be taken into custody without a requisition and brought before a judge of the appropriate court who may appoint counsel or guardian ad litem for the juvenile and who shall determine after a hearing whether sufficient cause exists to hold the person, subject to the order of the court, for the juvenile's own protection and welfare, for such a time not exceeding 90 days as will enable the return of the juvenile to another state party to this Compact pursuant to a requisition for return from a court of that state. If, at the time when a state seeks the return of a juvenile who has run away, there is pending in the state wherein the juvenile is found, any criminal charge, or any proceeding to have the juvenile adjudicated a delinquent juvenile for an act committed in the state, or if the juvenile is suspected of having committed within the state a criminal offense or an act of juvenile delinquency, the juvenile shall not be returned without the consent of the state until discharged from prosecution or other form of proceeding, imprisonment, detention, or supervision for the offense or juvenile delinquency. The duly accredited officers of any state party to this Compact, upon the establishment of their authority and the identity of the juvenile being returned, shall be permitted to transport the juvenile through any and all states party to this Compact, without interference. Upon return of the juvenile to the state from which the juvenile ran away, the juvenile shall be subject to such further proceedings as may be appropriate under the laws of that state.
(b)	The state to which the juvenile is returned under this Article shall be responsible for payment of the transportation costs of return.
(c)	The term 'juvenile' as used in this Article means any person who is a minor under the law of the state of residence of the parent, guardian, person, or agency entitled to the legal custody of the minor.
"§ 7B-2805.  Return of escapees and absconders.
(a)	The appropriate person or authority from whose probation or parole supervision a delinquent juvenile has absconded or from whose institutional custody a delinquent juvenile has escaped shall present to the appropriate court or to the executive authority of the state where the delinquent juvenile is alleged to be located a written requisition for the return of the delinquent juvenile. The requisition shall state the name and age of the delinquent juvenile, the particulars of the juvenile's adjudication as a delinquent juvenile, the circumstances of the breach of the terms of probation or parole or of the juvenile's escape from an institution or agency vested with legal custody or supervision, and the location of the delinquent juvenile, if known, at the time the requisition is made. The requisition shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the judgment, formal adjudication, or order of commitment which subjects the delinquent juvenile to probation or parole or to the legal custody of the institution or agency concerned. Any further affidavits and documents as may be deemed proper may be submitted with the requisition. One copy of the requisition shall be  filed with the Compact Administrator of the demanding state, there to remain on file subject to the provisions of the law governing records of the appropriate court. Upon the receipt of a requisition demanding the return of a delinquent juvenile who has absconded or escaped, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing the person to take into custody and detain such delinquent juvenile. The detention order must substantially recite the facts necessary to the validity of its issuance hereunder. No delinquent juvenile detained upon the order shall be delivered over to the officer whom the appropriate person or authority demanding the juvenile has appointed to receive the juvenile, unless the juvenile is first taken forthwith before a judge of an appropriate court in the state, who shall inform the juvenile of the demand made for the return and who may appoint counsel or guardian ad litem for the juvenile. If the judge of the court finds that the requisition is in order, the judge shall deliver the delinquent juvenile over to the officer whom the appropriate person or authority demanding the juvenile appointed to receive the juvenile. The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding.
Upon reasonable information that a person is a delinquent juvenile  who has absconded while on probation or parole, or escaped from an institution or agency vested with legal custody or supervision in any state party to this Compact, the person may be taken into custody in any other state party to this Compact without a requisition. But in that event, the juvenile shall be taken forthwith before a judge of the appropriate court, who may appoint counsel or guardian ad litem for the person and who shall determine after a hearing, whether sufficient cause exists to hold the person subject to the order of the court for a length of time, not exceeding 90 days, as will enable detention of the juvenile under a detention order issued on a requisition pursuant to this Article. If, at the time when a state seeks the return of a delinquent who has either absconded while on probation or parole or escaped from an institution or agency vested with legal custody or supervision, there is pending in the state wherein the juvenile is detained any criminal charge or any proceeding to have the juvenile adjudicated a delinquent juvenile for an act committed in the state, or if the juvenile is suspected of having committed a criminal offense or an act of juvenile delinquency within the state, the juvenile shall not be returned without the consent of the state until discharged from prosecution or other form of proceeding, imprisonment, detention, or supervision for the offense or juvenile delinquency. The duly accredited officers of any state party to this Compact, upon the establishment of their authority and the identity of the delinquent juvenile being returned, shall be permitted to transport the delinquent juvenile through any and all states party to this Compact, without interference. Upon return to the state from which the juvenile escaped or absconded, the delinquent juvenile shall be subject to any further proceedings appropriate under the laws of that state.
(b)	The state to which a delinquent juvenile is returned under this Article shall be responsible for the payment of transportation costs of the return.
"§ 7B-2806.  Voluntary return procedure.
Any delinquent juvenile who has absconded while on probation or parole, or escaped from an institution or agency vested with legal custody or supervision in any state party to this Compact, and any juvenile who has run away from any state party to this Compact, who is taken into custody without a requisition in another state party to this Compact under the provisions of G.S. 7B-2804(a)	or G.S. 7B-2805(a), may consent to the immediate return of the juvenile to the state  from which the juvenile absconded, escaped, or ran away. Consent shall be given by the juvenile or delinquent juvenile and the juvenile's counsel or guardian ad litem, if any, by executing or subscribing a writing in the presence of a judge of the appropriate court, which states that the juvenile or delinquent juvenile and the juvenile's counsel or guardian ad litem, if any, consent to  return of the juvenile to the demanding state. Before consent is executed or subscribed, however, the judge, in the presence of counsel or guardian ad litem, if any, shall inform the juvenile or delinquent juvenile of the juvenile's rights under this Compact. When the consent has been duly executed, it shall be forwarded to and filed with the Compact Administrator of the state in which the court is located, and the judge shall direct the officer having the juvenile or delinquent juvenile in custody to deliver the juvenile to the duly accredited officer or officers of the state demanding return of the juvenile and shall cause to be delivered to the officer or officers a copy of the consent. The court may, however, upon the request of the state to which the juvenile or delinquent juvenile is being returned, order the juvenile to return unaccompanied to the state and shall provide the juvenile with a copy of the court order; in that event a copy of the consent shall be forwarded to the Compact Administrator of the state to which the juvenile or delinquent juvenile is ordered to return.
"§ 7B-2807.  Cooperative supervision of probationers and parolees.
(a)	That the duly constituted judicial and administrative authorities of a state party to this Compact (herein called 'sending state') may permit any delinquent juvenile within such state, placed on probation or parole, to reside in any other state party to this Compact (herein called 'receiving state') while on probation or parole, and the receiving state shall accept the delinquent juvenile, if the parent, guardian, or person entitled to the legal custody of the delinquent juvenile is residing or undertakes to reside within the receiving state. Before granting permission, opportunity shall be given to the receiving state to make investigations as it deems necessary. The authorities of the sending state shall send to the authorities of the receiving state copies of pertinent court orders, social case studies, and all other available information which may be of value to and assist the receiving state in supervising a probationer or parolee under this Compact. A receiving state, in its discretion, may agree to accept supervision of a probationer or parolee in cases where the parent, guardian, or person entitled to the legal custody of the delinquent juvenile is not a resident of the receiving state, and if so accepted, the sending state may transfer the supervision accordingly.
(b)	That each receiving state will assume the duties of visitation and of supervision over any delinquent juvenile and in the exercise of those duties will be governed by the same standards of visitation and supervision that prevail for its own delinquent juveniles released on probation or parole.
(c)	That, after consultation between the appropriate authorities of the sending state and of the receiving state as to the desirability and necessity of returning the delinquent juvenile, the duly accredited officers of a sending state may enter a receiving state and there apprehend and retake any  delinquent juvenile on probation or parole. For that purpose, no formalities will be required other than establishing the authority of the officer and the identity of the delinquent juvenile to be retaken and returned. The decision of the sending state to retake a delinquent juvenile on probation or parole shall be conclusive upon and not reviewable within the receiving state, but if, at the time the sending state seeks to retake a delinquent juvenile on probation or parole, there is pending against the juvenile within the receiving state any criminal charge or any proceeding to have the juvenile adjudicated a delinquent juvenile for any act committed in the state or if the juvenile is suspected of having committed within the state a criminal offense or an act of juvenile delinquency, the juvenile shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment, detention, or supervision for the offense or juvenile delinquency. The duly accredited officers of the sending state shall be permitted to transport delinquent juveniles being so returned through any and all states party to this Compact without interference.
(d)	The sending state shall be responsible under this Article  for paying the costs of transporting any delinquent juvenile to the receiving state or of returning any delinquent juvenile to the sending state.
"§ 7B-2808.  Responsibility for costs.
(a)	The provisions of G.S. 7B-2804(b), 7B-2805(b), and 7B-2807(d) shall not be construed to alter or affect any internal relationship among the departments, agencies, and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs or responsibilities therefor.
(b)	Nothing in this Compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency, or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to G.S. 7B-2804(b), 7B-2805(b), and 7B-2807(d).
"§ 7B-2809.  Detention practices.
To every extent possible, it shall be the policy of states party to this Compact that no juvenile or delinquent juvenile shall be placed or detained in any prison, jail, or lockup, nor be detained or transported in association with criminal, vicious, or dissolute persons.
"§ 7B-2810.  Supplementary agreements.
The duly constituted administrative authorities of a state party to this Compact may enter into supplementary agreements with any other state or states party hereto for the cooperative care, treatment, and rehabilitation of delinquent juveniles whenever they find that the agreements will improve the facilities or programs available for care, treatment, and rehabilitation. Care, treatment, and rehabilitation may be provided in an institution located within any state entering into a supplementary agreement. Supplementary agreements shall:
(1)	Provide the rates to be paid for the care, treatment, and custody of delinquent juveniles taking into consideration the character of facilities, services, and subsistence furnished;
(2)	Provide that the delinquent juvenile shall be given a court hearing prior to the juvenile being sent to another state for care, treatment, and custody;
(3)	Provide that the state receiving a delinquent juvenile in one of its institutions shall act solely as agent for the state sending the delinquent juvenile;
(4)	Provide that the sending state shall at all times retain jurisdiction over delinquent juveniles sent to an institution in another state;
(5)	Provide for reasonable inspection of the institutions by the sending state;
(6)	Provide that the consent of the parent, guardian, person, or agency entitled to the legal custody of the delinquent juvenile shall be secured prior to the juvenile being sent to another state; and
(7)	Make provisions for any other matters and details as shall be necessary to protect the rights and equities of delinquent juveniles and of the cooperating states.
"§ 7B-2811.  Acceptance of federal and other aid.
Any state party to this Compact may accept any and all donations, gifts, and grants of money, equipment, and services from the federal or any local government, or any agency thereof and from any person, firm, or corporation, for any of the purposes and functions of this Compact, and may receive and utilize, the same subject to the terms, conditions, and regulations governing such donations, gifts, and grants.
"§ 7B-2812.  Compact administrators.
The governor of each state party to this Compact shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more efficiently the terms and provisions of this Compact.
"§ 7B-2813.  Execution of Compact.
This Compact shall become operative immediately upon its execution by any state as between it and any other state or states so executing. When executed it shall have the full force and effect of law within the state, the form of execution to be in accordance with the laws of the executing state.
"§ 7B-2814. Renunciation.
This Compact shall continue in force and remain binding upon each executing state until renounced by it. Renunciation of this Compact shall be by the same authority which executed it, by sending six months' notice in writing of its intention to withdraw from the Compact to the other states party hereto. The duties and obligations of a renouncing state under G.S. 7B-2807 hereof shall continue as to parolees and probationers residing therein at the time of withdrawal until retaken or finally discharged. Supplementary agreements entered into under G.S. 7B-2810 hereof shall be subject to renunciation as provided by supplementary agreements and shall not be subject to the six months' renunciation notice of the present section.
"§ 7B-2815. Severability.
The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person, or circumstances is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstances shall not be affected thereby. If this Compact shall be held contrary to the constitution of any state participating therein, the Compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
"§ 7B-2816. Authority of Governor to designate Compact Administrator.
Pursuant to said Compact, the Governor is hereby authorized and empowered to designate an officer who shall be the Compact Administrator and who, acting jointly with like officers of other party states, shall adopt rules and regulations to carry out more effectively the terms of the Compact. The Compact Administrator shall serve subject to the pleasure of the Governor. The Compact Administrator is hereby authorized, empowered, and directed to cooperate with all departments, agencies, and officers of and in the government of this State and its subdivisions in facilitating the proper administration of the Compact or of any supplementary agreement or agreements entered into by this State hereunder.
"§ 7B-2817. Authority of Compact Administrator to enter into supplementary agreements.
The Compact Administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to the Compact. In the event that the supplementary agreement shall require or contemplate the use of any institution or facility of this State or require or contemplate the provision of any service by this State, the supplementary agreement shall have no force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of the service.
"§ 7B-2818. Discharging financial obligations imposed by Compact or agreement.
The Compact Administrator, subject to the approval of the Director of the Budget, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this State by the Compact or by any supplementary agreement entered into thereunder.
"§ 7B-2819. Enforcement of Compact.
The courts, departments, agencies, and officers of this State and subdivisions shall enforce this Compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions.
"§ 7B-2820. Additional procedure for returning runaways not precluded.
In addition to any procedure provided in G.S. 7B-2804 and G.S. 7B-2806 of the Compact for the return of any runaway juvenile, the particular states, the juvenile or the juvenile's parents, the courts, or other legal custodian involved may agree upon and adopt any other plan or procedure legally authorized under the laws of this State and the other respective party states for the return of any runaway juvenile.
"§ 7B-2821. Proceedings for return of runaways under G.S. 7B-2804 of Compact; 'juvenile' construed.
The judge of any court in North Carolina to which an application is made for the return of a runaway under the provisions of G.S. 7B-2804 of the Interstate Compact on Juveniles shall hold a hearing thereon to determine whether for the purposes of the Compact the petitioner is entitled to the legal custody of the juvenile, whether or not it appears that the juvenile has in fact run away without consent, whether or not the juvenile is an emancipated minor and whether or not it is in the best interests of the juvenile to compel the return of the juvenile to the state. The judge of any court in North Carolina, finding that a requisition for the return of a juvenile under the provisions of G.S. 7B-2804 of the Compact is in order, shall upon request fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding. The period of time for holding a juvenile in custody under the provisions of G.S. 7B-2804 of the Compact for the protection and welfare of the juvenile, subject to the order of a court of this State, to enable the juvenile's return to another state party to the Compact pursuant to a requisition for return from a court of that state, shall not exceed 30 days. In applying the provisions of G.S. 7B-2804 of the Compact to secure the return of a runaway from North Carolina, the courts of this State shall construe the word 'juvenile' as used in this Article to mean any person who has not reached the person's eighteenth birthday.
"§ 7B-2822. Interstate parole and probation hearing procedures for juveniles.
Where supervision of a parolee or probationer is being administered pursuant to the Interstate Compact on Juveniles, the appropriate judicial or administrative authorities in this State shall notify the Compact Administrator of the sending state whenever, in their view, consideration should be given to retaking or reincarceration for a parole or a probation violation. Prior to giving of notification, a hearing shall be held in accordance with this Article within a reasonable time, unless the hearing is waived by the parolee or probationer. The appropriate officer or officers of this State shall, as soon as practicable, following termination of any hearing, report to the sending state, furnish a copy of the hearing record, and make recommendations regarding the disposition to be made of the parolee or probationer by the sending state. Pending any proceeding pursuant to this section, the appropriate officers of this State may take custody of and detain the parolee or probationer involved for a period not to exceed 10 days prior to the hearing and, if it appears to the hearing officer or officers that retaking or reincarceration is likely to follow, for a reasonable period after the hearing or waiver as may be necessary to arrange for retaking or the reincarceration.
"§ 7B-2823. Hearing officers.
Any hearing pursuant to this Article may be before the Administrator of the Interstate Compact on Juveniles, a deputy of the Administrator, or any other person authorized pursuant to the juvenile laws of this State to hear cases of alleged juvenile parole or probation violations, except that no hearing officer shall be the person making the allegation of violation.
"§ 7B-2824. Due process at parole or probation violation hearing.
With respect to any hearing pursuant to this Article, the parolee or probationer:
(1)	Shall have reasonable notice in writing of the nature and content of the allegations to be made, including notice that the purpose of the hearing is to determine whether there is probable cause to believe that the parolee or probationer has committed a violation that may lead to a revocation of parole or probation;
(2)	Shall be permitted to advise with any persons whose assistance the parolee or probationer reasonably desires, prior to the hearing;
(3)	Shall have the right to confront and examine any persons who have made allegations against the parolee or probationer, unless the hearing officer determines that confrontation would present a substantial present or subsequent danger of harm to the person or persons; and
(4)	May admit, deny, or explain the violation alleged and may present proof, including affidavits and other evidence, in support of the parolee's or probationer's contentions.
A record of the proceedings shall be made and preserved.
"§ 7B-2825. Effect of parole or probation violation hearing outside State.
In any case of alleged parole or probation violation by a person being supervised in another state pursuant to the Interstate Compact on Juveniles, any appropriate judicial or administrative officer or agency in another state is authorized to hold a hearing on the alleged violation. Upon receipt of the record of a parole or probation violation hearing held in another state pursuant to a statute substantially similar to this Article, such record shall have  the same standing and effect as though the proceeding of which it is a record was had before the appropriate officer or officers in this State, and any recommendations contained in or accompanying the record shall be fully considered by the appropriate officer or officers of this State in making disposition of the matter.
"§ 7B-2826. Amendment to Interstate Compact on Juveniles concerning interstate rendition of juveniles alleged to be delinquent.
(a)	This amendment shall provide additional remedies and shall be binding only as among and between those party states which specifically execute the same.
(b)	All provisions and procedures of G.S. 7B-2805 and G.S. 7B-2806 of the Interstate Compact on Juveniles shall be construed to apply to any juvenile charged with being a delinquent by reason of a violation of any criminal law. Any juvenile, charged with being a delinquent by reason of violating any criminal law, shall be returned to the requesting state upon a requisition to the state where the juvenile may be found. A petition in the case shall be filed in a court of competent jurisdiction in the requesting state where the violation of  criminal law is alleged to have been committed. The petition may be filed regardless of whether the juvenile has left the state before or after the filing of the petition. The requisition described in G.S. 7B-2805 of the Compact shall be forwarded by the judge of the court in which the petition has been filed.
"§ 7B-2827. Out-of-State Confinement Amendment.
(a)	The Out-of-State Confinement Amendment to the Interstate Compact on Juveniles is hereby enacted into law and entered into by this State with all other states legally joining therein in the form substantially as follows:
(1)	Whenever the fully constituted judicial or administrative authorities in a sending state shall determine that confinement of a probationer or reconfinement of a parolee is necessary or desirable, the officials may direct that the confinement or reconfinement be in an appropriate institution for delinquent juveniles within the territory of the receiving state, the receiving state to act in that regard solely as agent for the sending state.
(2)	Escapees and absconders who would otherwise be returned pursuant to G.S. 7B-2805 of the Compact may be confined or reconfined in the receiving state pursuant to this amendment. In any case in which the information and allegations are required to be made and furnished in a requisition pursuant to G.S. 7B-2805, the sending state shall request confinement or reconfinement in the receiving state. Whenever applicable, detention orders, as provided in G.S. 7B-2805, may be employed pursuant to this paragraph preliminary to disposition of the escapee or absconder.
(3)	The confinement or reconfinement of a parolee, probationer, escapee, or absconder pursuant to this amendment shall require the concurrence of the appropriate judicial or administrative authorities of the receiving state.
(4)	As used in this amendment: (i) 'sending state' means a sending state as that term is used in G.S. 7B-2807 of the Compact or the state from which a delinquent juvenile has escaped or absconded within the meaning of G.S. 7B-2805 of the Compact; (ii) 'receiving state' means any state, other than the sending state, in which a parolee, probationer, escapee, or absconder may be found, provided that the state is a party to this amendment.
(5)	Every state which adopts this amendment shall designate at least one of its institutions for delinquent juveniles as a 'Compact Institution' and shall confine persons therein as provided in subdivision (1) of this subsection unless the sending and receiving state in question shall make specific contractual arrangements to the contrary. All states party to this amendment shall have access to 'Compact Institutions' at all reasonable hours for the purpose of inspecting the facilities thereof and for the purpose of visiting such of the State's delinquents as may be confined in the institution.
(6)	Persons confined in 'Compact Institutions' pursuant to the terms of this Compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed from the 'Compact Institution' for transfer to an appropriate institution within the sending state, for return to probation or parole, for discharge, or for any purpose permitted by the laws of the sending state.
(7)	All persons who may be confined in a 'Compact Institution' pursuant to the provisions of this amendment shall be treated in a reasonable and humane manner. The fact of confinement or reconfinement in a receiving state shall not deprive any person so confined or reconfined of any rights which the person would have had if confined or reconfined in an appropriate institution of the sending state.  No agreement to submit to confinement or reconfinement pursuant to the terms of this amendment may be construed as a waiver of any rights which the delinquent would have had if the person had been confined or reconfined in any appropriate institution of the sending state, except that the hearing or hearings, if any, to which a parolee, probationer, escapee, or absconder may be entitled (prior to confinement or reconfinement) by the laws of the sending state may be had before the appropriate judicial or administrative officers of the receiving state. In this event, said judicial and administrative officers shall act as agents of the sending state after consultation with appropriate officers of the sending state.
(8)	Any receiving state incurring costs or other expenses under this amendment shall be reimbursed in the amount of the costs or other expenses by the sending state unless the states concerned shall specifically otherwise agree. Any two or more states party to this amendment may enter into supplementary agreements determining a different allocation of costs as among themselves.
(9)	This amendment shall take initial effect when entered into by any two or more states party to the Compact and shall be effective as to those states which have specifically enacted this amendment. Rules and regulations necessary to effectuate the terms of this amendment may be adopted by the appropriate officers of those states which have enacted this amendment.
(b)	In addition to any institution in which the authorities of this State may otherwise confine or order the confinement of a delinquent juvenile, the authorities may, pursuant to the Out-of-State Confinement Amendment to the Interstate Compact on Juveniles, confine or order the confinement of a delinquent juvenile in a Compact Institution within another party state.
"ARTICLE 30.
"Juvenile Records and Social Reports of
Delinquency and Undisciplined Cases.
"§ 7B-3000. Juvenile court records.
(a)	The clerk shall maintain a complete record of all juvenile cases filed in the clerk's office to be known as the juvenile record.  The record shall include the summons and petition, any secure or nonsecure custody order, any electronic or mechanical recording of hearings, and any written motions, orders, or papers filed in the proceeding.
(b)	All juvenile records shall be withheld from public inspection and, except as provided in this subsection, may be examined only by order of the court.  Except as provided in subsection (c) of this section, the following persons may examine the juvenile's record and obtain copies of written parts of the record without an order of the court:
(1)	The juvenile and the juvenile's attorney;
(2)	The juvenile's parent, guardian, or custodian, or authorized representative;
(3)	The prosecutor; and
(4)	Court counselors.
Except as provided in subsection (c) of this section, law enforcement officers sworn in this State may examine, but not photocopy, the juvenile's record without an order of the court.
(c)	The court may direct the clerk to 'seal' any portion of a juvenile's record.  The clerk shall secure any sealed portion of a juvenile record in an envelope clearly marked 'SEALED: MAY BE EXAMINED ONLY BY ORDER OF THE COURT', or with similar notice, and shall permit examination or copying of sealed portions of a juvenile's record only pursuant to a court order specifically authorizing inspection or copying.
(d)	Any portion of a juvenile's record consisting of an electronic or mechanical recording of a hearing shall be transcribed only when notice of appeal has been timely given and shall be copied electronically or mechanically, only by order of the court.  After the time for appeal has expired with no appeal having been filed, the court may enter a written order directing the clerk to destroy the recording of the hearing.
(e)	The juvenile's record of an adjudication of delinquency for an offense that would be a felony if committed by an adult may be used by law enforcement, the magistrate, and the prosecutor for pretrial release and plea negotiating decisions.
(f)	The juvenile's record of an adjudication of delinquency for an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult may be used in a subsequent criminal proceeding against the juvenile either under G.S. 8C-1, Rule 404(b), or to prove an aggravating factor at sentencing under G.S. 15A-1340.4(a), G.S. 15A-1340.16(d), or G.S. 15A-2000(e). The record may be so used only by order of the court in the subsequent criminal proceeding, upon motion of the prosecutor, after an in camera hearing to determine whether the record in question is admissible.
(g)	Except as provided in subsection (d) of this section, a juvenile's record shall be destroyed only as authorized by G.S. 7B-3200 or by rules adopted by the Administrative Office of the Courts.
"§ 7B-3001. Other records relating to juveniles.
(a)	The chief court counselor shall maintain a record of all cases of juveniles under supervision of court counselors, to be known as the court counselor's record.  The court counselor's record shall include family background information; reports of social, medical, psychiatric, or psychological information concerning a juvenile or the juvenile's family; probation reports; interviews with the juvenile's family; or other information the court finds should be protected from public inspection in the best interests of the juvenile.
(b)	Unless jurisdiction of the juvenile has been transferred to superior court, all law enforcement records and files concerning a juvenile shall be kept separate from the records and files of adults and shall be withheld from public inspection.  The following persons may examine and obtain copies of law enforcement records and files concerning a juvenile without an order of the court:
(1)	The juvenile and the juvenile's attorney;
(2)	The juvenile's parent, guardian, custodian, or authorized representative;
(3)	The district attorney or prosecutor;
(4)	Court counselors; and
(5)	Law enforcement officers sworn in this State.
Otherwise, the records and files may be examined or copied only by order of the court.
(c)	All records and files maintained by the Division of Youth Services pursuant to this Chapter shall be withheld from public inspection.  The following persons may examine and obtain copies of the Division records and files concerning a juvenile without an order of the court:
(1)	The juvenile and the juvenile's attorney;
(2)	The juvenile's parent, guardian, custodian,  or authorized representative;
(3)	Professionals in the agency who are directly involved in the juvenile's case; and
(4)	Court counselors.
Otherwise, the records and files may be examined or copied only by order of the court. The court may inspect and order the release of records maintained by the Division of Youth Services.
"ARTICLE 31.
"Disclosure of Juvenile Information.
"§ 7B-3100.  Disclosure of information about juveniles.
The chief district court judge in each district shall designate by standing order certain agencies in the district as 'agencies authorized to share information'.  Agencies so designated shall share with one another, upon request, information that is in their possession that is relevant to any case in which a petition is filed alleging that a juvenile is abused, neglected, dependent, undisciplined, or delinquent and shall continue to do so until the juvenile is no longer subject to the jurisdiction of juvenile court.  Agencies that may be designated as 'agencies authorized to share information' include local mental health facilities, local health departments, local departments of social services, local law enforcement agencies, local school administrative units, the district's district attorney's office, the Division of Juvenile Services and the Office of Guardian ad Litem Services of the Administrative Office of the Courts.  Any information shared among agencies pursuant to this section shall remain confidential, shall be withheld from public inspection, and shall be used only for the protection of the juvenile.  Nothing in this section or any other provision of law shall preclude any other necessary sharing of information among agencies.  Nothing herein shall be deemed to require the disclosure or release of any information in the possession of a district attorney.
"§ 7B-3101.  Notification of schools when juveniles are alleged or found to be delinquent.
(a)	Notwithstanding G.S. 7B-3000, the juvenile court counselor shall deliver verbal and written notification of the following actions to the principal of the school that the juvenile attends:
(1)	A petition is filed under G.S. 7B-1802 that alleges delinquency for an offense that would be a felony if committed by an adult;
(2)	The court transfers jurisdiction over a juvenile to superior court under G.S. 7B-2200;
(3)	The court dismisses under G.S. 7B-2411 the petition that alleges delinquency for an offense that would be a felony if committed by an adult;
(4)	The court issues a dispositional order under Article 25 of Chapter 7B of the General Statutes including, but not limited to, an order of probation that requires school attendance, concerning a juvenile alleged or found delinquent for an offense that would be a felony if committed by an adult; or
(5)	The court modifies or vacates any order or disposition under G.S. 7B-2600 concerning a juvenile alleged or found delinquent for an offense that would be a felony if committed by an adult.
Notification of the school principal in person or by telephone shall be made before the beginning of the next school day. Delivery shall be made as soon as practicable but at least within five days of the action. Delivery shall be made in person or by certified mail. Notification that a petition has been filed shall describe the nature of the offense. Notification of a dispositional order, a modified or vacated order, or a transfer to superior court shall describe the court's action and any applicable disposition requirements. As used in this subsection, the term 'offense' shall not include any offense under Chapter 20 of the General Statutes.
(b)	If the principal of the school the juvenile attends returns any notification as required by G.S. 115C-404, and if the juvenile court counselor learns that the juvenile is transferring to another school, the juvenile court counselor shall deliver the notification to the principal of the school to which the juvenile is transferring. Delivery shall be made as soon as practicable and shall be made in person or by certified mail.
(c)	Principals shall handle any notification delivered under this section in accordance with G.S. 115C-404.
(d)	For the purpose of this section, 'school' means any public or private school in the State that is authorized under Chapter 115C of the General Statutes.
"ARTICLE 32.
"Expunction of Juvenile Records.
"§ 7B-3200.  Expunction of records of juveniles alleged or adjudicated delinquent and undisciplined.
(a)	Any person who has attained the age of 18 years may file a petition in the court where the person was adjudicated undisciplined for expunction of all records of that adjudication.
(b)	Any person who has attained the age of 16 years may file a petition in the court where the person was adjudicated delinquent for expunction of all records of that adjudication provided:
(1)	The offense for which the person was adjudicated would have been a crime other than a Class A, B1, B2, C, D, or E felony if committed by an adult.
(2)	The person has not subsequently been adjudicated delinquent or convicted as an adult of any felony or misdemeanor other than a traffic violation under the laws of the United States or the laws of this State or any other state.
Records relating to an adjudication for an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult shall not be expunged.
(c)	The petition shall contain, but not be limited to, the following:
(1)	An affidavit by the petitioner that the petitioner has been of good behavior since the adjudication and, in the case of a petition based on a delinquency adjudication, that the petitioner has not subsequently been adjudicated delinquent or convicted as an adult of any felony or misdemeanor other than a traffic violation under the laws of the United States, or the laws of this State or any other state;
(2)	Verified affidavits of two persons, who are not related to the petitioner or to each other by blood or marriage, that they know the character and reputation of the petitioner in the community in which the petitioner lives and that the petitioner's character and reputation are good;
(3)	A statement that the petition is a motion in the cause in the case wherein the petitioner was adjudicated delinquent or undisciplined.
The petition shall be served upon the district attorney in the district wherein adjudication occurred. The district attorney shall have 10 days thereafter in which to file any objection thereto and shall be duly notified as to the date of the hearing on the petition.
(d)	If the court, after hearing, finds that the petitioner satisfies the conditions set out in subsections (a) or (b) of this section, the petitioner shall order and direct the clerk and all law enforcement agencies to expunge their records of the adjudication including all references to arrests, complaints, referrals, petitions, and orders.
(e)	The clerk shall forward a certified copy of the order to the sheriff, chief of police, or other law enforcement agency.
(f)	Records of a juvenile adjudicated delinquent or undisciplined being maintained by the chief court counselor, an intake counselor or a court counselor shall be retained or disposed of as provided by the Juvenile Services Division.
(g)	Records of a juvenile adjudicated delinquent or undisciplined being maintained by personnel at a residential facility operated by the Division of Youth Services, shall be retained or disposed of as provided by the Department.
(h)	Any person who was alleged to be delinquent as a juvenile and has attained the age of 16 years, or was alleged to be undisciplined as a juvenile and has attained the age of 18 years, may file a petition in the court in which the person was alleged to be delinquent or undisciplined, for expunction of all juvenile records of the juvenile having been alleged to be delinquent or undisciplined if the court dismissed the juvenile petition without an adjudication that the juvenile was delinquent or undisciplined. The petition shall be served on the chief court counselor in the district where the juvenile petition was filed. The chief court counselor shall have 10 days thereafter in which to file a written objection in the court. If no objection is filed, the court may grant the petition without a hearing. If an objection is filed or the court so directs, a hearing shall be scheduled and the chief court counselor shall be notified as to the date of the hearing. If the court finds at the hearing that the petitioner satisfies the conditions specified herein, the court shall order the clerk and the appropriate law enforcement agencies to expunge their records of the allegations of delinquent or undisciplined acts including all references to arrests, complaints, referrals, juvenile petitions, and orders. The clerk shall forward a certified copy of the order of expunction to the sheriff, chief of police, or other appropriate law enforcement agency, and to the chief court counselor, and these specified officials shall immediately destroy all records relating to the allegations that the juvenile was delinquent or undisciplined.
"§ 7B-3201. Effect of expunction.
(a)	Whenever a juvenile's record is expunged, with respect to the matter in which the record was expunged, the juvenile who is the subject of the record and the juvenile's parent may inform any person or organization including employers, banks, credit companies, insurance companies, and schools that the juvenile was not arrested, did not appear before the court, and was not adjudicated delinquent or undisciplined.
(b)	Notwithstanding subsection (a) of this section, in any delinquency case if the  juvenile is the defendant and chooses to testify or if the juvenile is not the defendant and is called as a witness, the juvenile may be ordered to testify with respect to whether the juvenile was adjudicated delinquent.
"§ 7B-3202. Notice of expunction.
Upon expunction of a juvenile's record, the clerk shall send a written notice to the juvenile at the juvenile's last known address informing the juvenile that the record has been expunged and with respect to the matter involved, the juvenile may inform any person that the juvenile has no record. The notice shall inform the juvenile further that if the matter involved is a delinquency record, the juvenile may inform any person that the juvenile was not arrested or adjudicated delinquent except that upon testifying in a delinquency proceeding, the juvenile may be required by a court to disclose that the juvenile was adjudicated delinquent.
"ARTICLE 33.
"Computation of Recidivism Rates.
"§ 7B-3300.  Juvenile recidivism rates.
(a)	On an annual basis, the Administrative Office of the Courts shall compute the recidivism rate of juveniles who are adjudicated delinquent for offenses that would be Class A, B1, B2, C, D, or E felonies if committed by adults and who subsequently are adjudicated delinquent or convicted and shall report the statistics to the Joint Legislative Commission on Governmental Operations by December 31 each year.
(b)	The chief court counselor of each judicial district shall forward to the Administrative Office of the Courts relevant information, as determined by the Administrative Office of the Courts, regarding every juvenile who is adjudicated delinquent for an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult for the purpose of computing the statistics required by this section.
Articles 34 and 35 reserved for future codification purposes.
"ARTICLE 36.
"Judicial Consent for Emergency Surgical or Medical Treatment.
"§ 7B-3600. Judicial authorization of emergency treatment; procedure.
A juvenile in need of emergency treatment under Article 1A of Chapter 90 of the General Statutes, whose physician is barred from rendering necessary treatment by reason of parental refusal to consent to treatment, may receive treatment with court authorization under the following procedure:
(1)	The physician shall sign a written statement setting out:
a.	The treatment to be rendered and the emergency need for treatment;
b.	The refusal of the parent, guardian, or person standing in loco parentis to consent to the treatment; and
c.	The impossibility of contacting a second physician for a concurring opinion on the need for treatment in time to prevent immediate harm to the juvenile.
(2)	Upon examining the physician's written statement prescribed in subdivision (1) of this section and finding:
a.	That the statement is in accordance with this Article, and
b.	That the proposed treatment is necessary to prevent immediate harm to the juvenile.
	The court may issue a written authorization for the proposed treatment to be rendered.
(3)	In acute emergencies in which time may not permit implementation of the written procedure set out in subdivisions (1) and (2) of this section, the court may authorize treatment in person or by telephone upon receiving the oral statement of a physician satisfying the requirements of subdivision (1) of this section and upon finding that the proposed treatment is necessary to prevent immediate harm to the juvenile.
(4)	The court's authorization for treatment overriding parental refusal to consent should not be given without attempting to offer the parent an opportunity to state the reasons for refusal; however, failure of the court to hear the parent's objections shall not invalidate judicial authorization under this Article.
(5)	The court's authorization for treatment under subdivisions (1) and (2) of this section shall be issued in duplicate.  One copy shall be given to the treating physician and the other copy shall be attached to the physician's written statement and filed as a juvenile proceeding in the office of the clerk of court.
(6)	The court's authorization for treatment under subdivision (3) of this section shall be reduced to writing as soon as possible, supported by the physician's written statement as prescribed in subdivision (1) of this section and shall be filed as prescribed in subdivision (5) of this section.
The court's authorization for treatment under this Article shall have the same effect as parental consent for treatment.
Following the court's authorization for treatment and after giving notice to the juvenile's parent, the court shall conduct a hearing in order to provide for payment for the treatment rendered.  The court may order the parent or other responsible parties to pay the cost of treatment.  If the court finds the parent is unable to pay the cost of treatment, the cost shall be a charge upon the county when so ordered.
This Article shall operate as a remedy in addition to the provisions in G.S. 7B-903, 7B-2501, and 7B-2504.
"ARTICLE 37.
"Placing or Adoption of Juvenile Delinquents or Dependents.
"§ 7B-3700.  Consent required for bringing child into State for placement or adoption.
(a)	No person, agency, association, institution, or corporation shall bring or send into the State any child for the purpose of giving custody of the child to some person in the State or procuring adoption by some person in the State without first obtaining the written consent of the Department of Health and Human Services.
(b)	The person with whom a child is placed for either of the purposes set out in subsection (a) of this section shall be responsible for the child's proper care and training. The Department of Health and Human Services or its agents shall have the same right of visitation and supervision of the child and the home in which it is placed as in the case of a child placed by the Department or its agents as long as the child shall remain within the State and until the child shall have reached the age of 18 years or shall have been legally adopted.
"§ 7B-3701.  Bond required.
The Social Services Commission may, in its discretion, require of a person, agency, association, institution, or corporation which brings or sends a child into the State with the written consent of the Department of Health and Human Services, as provided by G.S. 7B-3700, a continuing bond in a penal sum not in excess of one thousand dollars ($1,000) with such conditions as may be prescribed and such sureties as may be approved by the Department of Health and Human Services. Said bond shall be made in favor of and filed with the Department of Health and Human Services with the premium prepaid by the said person, agency, association, institution or corporation desiring to place such child in the State.
"§ 7B-3702.  Consent required for removing child from State.
No child shall be taken or sent out of the State for the purpose of placing the child in a foster home or in a child-caring institution without first obtaining the written consent of the Department of Health and Human Services. The foster home or child-caring institution in which the child is placed shall report to the Department of Health and Human Services at such times as the Department of Health and Human Services may direct as to the location and well-being of such child until the child shall have reached the age of 18 years or shall have been legally adopted.
"§ 7B-3703.  Violation of Article a misdemeanor.
Every person acting for himself or for an agency who violates any of the provisions of this Article or who shall intentionally make any false statements to the Social Services Commission or the Secretary or an employee thereof acting for the Department of Health and Human Services in an official capacity in the placing or adoption of juvenile delinquents or dependents shall, upon conviction thereof, be guilty of a Class 2 misdemeanor.
"§ 7B-3704.  Definitions.
The term 'Department' wherever used in this Article shall be construed to mean the Department of Health and Human Services.
"§ 7B-3705.  Application of Article.
None of the provisions of this Article shall apply when a child is brought into or sent into, or taken out of, or sent out of the State, by the guardian of the person of such child, or by a parent, stepparent, grandparent, uncle or aunt of such child, or by a brother, sister, half brother, or half sister of such child, if such brother, sister, half brother, or half sister is 18 years of age or older.
"SUBCHAPTER III.  EMANCIPATION.
"ARTICLE 38.
"Emancipation.
"§ 7B-3800.  Definition; who may petition.
For purposes of this Article, the term 'child', defined pursuant to Subchapter I, G.S. 7B-101, includes the meaning of the term 'juvenile', defined pursuant to Subchapter II, G.S. 7B-1501.  The definitions of Subchapter I, G.S. 7B-101, and of Subchapter II, G.S. 7B-1501 apply to this Article.
Any child who is 16 years of age or older and who has resided in the same county in North Carolina or on federal territory within the boundaries of North Carolina for six months next preceding the filing of the petition may petition the court in that county for a judicial decree of emancipation.
"§ 7B-3801. Petition.
The petition shall be signed and verified by the petitioner and shall contain the following information:
(1)	The full name of the petitioner, the petitioner's birth date, and state and county of birth;
(2)	A certified copy of the petitioner's birth certificate;
(3)	The name and last known address of the parent, guardian, or custodian;
(4)	The petitioner's address and length of residence at that address;
(5)	The petitioner's reasons for requesting emancipation; and
(6)	The petitioner's plan for meeting the petitioner's own needs and living expenses, which plan may include a statement of employment and wages earned that is verified by the petitioner's employer.
"§ 7B-3802. Summons.
A copy of the filed petition along with a summons shall be served upon the petitioner's parent, guardian, or custodian who shall be named as respondents. The summons shall include the time and place of the hearing and shall notify the respondents to file written answer within 30 days after service of the summons and petition. In the event that personal service cannot be obtained, service shall be in accordance with G.S. 1A-1, Rule 4(j).
"§ 7B-3803. Hearing.
The judge, sitting without a jury, shall permit all parties to present evidence and to cross-examine witnesses. The petitioner shall have the burden of showing by a preponderance of the evidence that emancipation is in the petitioner's best interest. Upon finding that reasonable cause exists, the judge may order the child to be examined by a psychiatrist, a licensed clinical psychologist, a physician, or any other expert to evaluate the child's mental or physical condition. The judge may continue the hearing and order investigation by a court counselor or by the county Department of Social Services to substantiate allegations of the petitioner or respondents.
No husband-wife or physician-patient privilege shall be grounds for excluding any evidence in the hearing.
"§ 7B-3804. Considerations for emancipation.
In determining the best interest of the petitioner and the need for emancipation, the judge shall review the following considerations:
(1)	The parental need for the earnings of the petitioner;
(2)	The petitioner's ability to function as an adult;
(3)	The petitioner's need to contract as an adult or to marry;
(4)	The employment status of the petitioner and the stability of the petitioner's living arrangements;
(5)	The extent of family discord which may threaten reconciliation of the petitioner with the petitioner's family;
(6)	The petitioner's rejection of parental supervision or support; and
(7)	The quality of parental supervision or support.
"§ 7B-3805. Final decree of emancipation.
After reviewing the considerations for emancipation, the judge may enter a decree of emancipation if the judge determines:
(1)	That all parties are properly before the court or were duly served and failed to appear and that time for filing an answer has expired; and
(2)	That the petitioner has shown a proper and lawful plan for adequately providing for the petitioner's own needs and living expenses; and
(3)	That the petitioner is knowingly seeking emancipation and fully understands the ramifications of this act; and
(4)	That emancipation is in the best interest of the petitioner.
The decree shall set out the court's findings.
If the judge determines that the criteria in subdivisions (1)	through (4) are not met, the judge shall order the proceeding dismissed.
"§ 7B-3806. Costs of court.
The judge may tax the costs of the proceeding to any party or may, for good cause, order the costs remitted.
The clerk of superior court may collect costs for furnishing to the petitioner a certificate of emancipation which shall recite the name of the petitioner and the fact of the petitioner's emancipation by court decree and shall have the seal of the clerk of superior court affixed thereon.
"§ 7B-3807. Legal effect of final decree.
As of entry of the final decree of emancipation:
(1)	The petitioner has the same right to make contracts and conveyances, to sue and to be sued, and to transact business as if the petitioner were an adult.
(2)	The parent or guardian is relieved of all legal duties and obligations owed to the petitioner and is divested of all rights with respect to the petitioner.
(3)	The decree is irrevocable.
Notwithstanding any other provision of this section, a decree of emancipation shall not alter the application of G.S. 14-322.2, 14- 326.1, or the petitioner's right to inherit property by intestate succession.
"§ 7B-3808. Appeals.
Any petitioner, parent, or guardian who is a party to a proceeding under this Article may appeal from any order of disposition to the Court of Appeals provided that notice of appeal is given in open court at the time of the hearing or in writing within 10 days after the hearing. Pending disposition of an appeal, the judge may enter a temporary order affecting the custody or placement of the petitioner as the judge finds to be in the best interest of the petitioner or the State.
"§ 7B-3809. Application of common law.
A married child is emancipated by this Article. All other common law provisions for emancipation are superseded by this Article."

PART IV.  CONFORMING CHANGES.

Section 6.  (a)	G.S. 8-53.1 reads as rewritten:
"§ 8-53.1. Physician-patient privilege waived in child abuse.
Notwithstanding the provisions of G.S. 8-53, the physician- patient privilege shall not be ground for excluding evidence regarding the abuse or neglect of a child under the age of 16 years or regarding an illness of or injuries to such child or the cause thereof in any judicial proceeding related to a report pursuant to the North Carolina Juvenile Code, Chapter 7B of the General Statutes of North Carolina."
(b)	G.S. 8-53.3 reads as rewritten:
"§ 8-53.3.  Communications between psychologist and client or patient.
No person, duly authorized as a licensed psychologist or licensed psychological associate, nor any of his or her employees or associates, shall be required to disclose any information which he or she may have acquired in the practice of psychology and which information was necessary to enable him or her to practice psychology.  Any resident or presiding judge in the district in which the action is pending may, subject to G.S. 8-53.6, compel disclosure, either at the trial or prior thereto, if in his or her opinion disclosure is necessary to a proper administration of justice.  If the case is in district court the judge shall be a district court judge, and if the case is in superior court the judge shall be a superior court judge.
Notwithstanding the provisions of this section, the psychologist-client or patient privilege shall not be grounds for failure to report suspected child abuse or neglect to the appropriate county department of social services, or for failure to report a disabled adult suspected to be in need of protective services to the appropriate county department of social services.  Notwithstanding the provisions of this section, the psychologist-client or patient privilege shall not be grounds for excluding evidence regarding the abuse or neglect of a child, or an illness of or injuries to a child, or the cause thereof, or for excluding evidence regarding the abuse, neglect, or exploitation of a disabled adult, or an illness of or injuries to a disabled adult, or the cause thereof, in any judicial proceeding related to a report pursuant to the Child Abuse Reporting Law, Article 3 of Chapter 7B of the General Statutes, or to the Protection of the Abused, Neglected, or Exploited Disabled Adult Act, Article 6 of Chapter 108A of the General Statutes."
(c)	G.S. 8-57.1 reads as rewritten:
"§ 8-57.1. Husband-wife privilege waived in child abuse.
Notwithstanding the provisions of G.S. 8-56 and G.S. 8-57, the husband-wife privilege shall not be ground for excluding evidence regarding the abuse or neglect of a child under the age of 16 years or regarding an illness of or injuries to such child or the cause thereof in any judicial proceeding related to a report pursuant to the Child Abuse Reporting Law, Article 3 of Chapter 7B of the General Statutes of North Carolina."
(d) G.S. 14-208.6B reads as rewritten:
"§ 14-208.6B. Registration requirements for juveniles transferred to and convicted in superior court.
A juvenile transferred to superior court pursuant to G.S. 7B-2200 who is convicted of a sexually violent offense or an offense against a minor as defined in G.S. 14-208.6 shall register in accordance with this Article just as an adult convicted of the same offense must register."
(e)  G.S. 14-316.1 reads as rewritten:
"§ 14-316.1.  Contributing to delinquency and neglect by parents and others.
Any person who is at least 16 years old who knowingly or willfully causes, encourages, or aids any juvenile within the jurisdiction of the court to be in a place or condition, or to commit an act whereby the juvenile could be adjudicated delinquent, undisciplined, abused, or neglected pursuant to Chapter 7B of the General Statutes shall be guilty of a Class 1 misdemeanor.
It is not necessary for the district court exercising juvenile jurisdiction to make an adjudication that any juvenile is delinquent, undisciplined, abused, or neglected in order to prosecute a parent or any person, including an employee of the Department of Health and Human Services under this section. An adjudication that a juvenile is delinquent, undisciplined, abused, or neglected shall not preclude a subsequent prosecution of a parent or any other person including an employee of the Division of Youth Services who contributes to the delinquent, undisciplined, abused, or neglected condition of any juvenile."
(f)  G.S. 15A-502(c) reads as rewritten:
"(c)	This section does not authorize the taking of photographs or fingerprints of a juvenile alleged to be delinquent except under Article 21 of Chapter 7B of the General Statutes."
(g)  G.S. 35A-1371 reads as rewritten:
"§ 35A-1371.  Jurisdiction; limits.
Notwithstanding the provisions of Subchapter II of this Chapter, the clerk of superior court shall have original jurisdiction for the appointment of a standby guardian for a minor child under this Article. Provided that the clerk shall have no jurisdiction, no standby guardian may be appointed under this Article, and no designation may become effective under this Article when a district court has assumed jurisdiction over the minor child in an action under Chapter 50 of the General Statutes or in an abuse, neglect, or dependency proceeding under Subchapter I of Chapter 7B of the General Statutes, or when a court in another state has assumed such jurisdiction under a comparable statute."
(h)  G.S. 48-2-102(b) reads as rewritten:
"(b)	If an adoptee is also the subject of a pending proceeding under Chapter 7B of the General Statutes, then the district court having jurisdiction under Chapter 7B shall retain jurisdiction until the final order of adoption is entered. The district court may waive jurisdiction for good cause."
(i)  G.S. 50-13.1(f) reads as rewritten:
"(f)	Neither the mediator nor any party or other person involved in mediation sessions under this section shall be competent to testify to communications made during or in furtherance of such mediation sessions; provided, there is no privilege as to communications made in furtherance of a crime or fraud.  Nothing in this subsection shall be construed as permitting an individual to obtain immunity from prosecution for criminal conduct or as excusing an individual from the reporting requirements of Article 3 of Chapter 7B of the General Statutes or G.S. 108A-102."
(j)  G.S. 50A-25 reads as rewritten:
"§ 50A-25. Emergency orders.
Nothing in this Chapter shall be interpreted to limit the authority of the court to issue an interlocutory order under the provisions of G.S. 50-13.5(d)(2); or a secure or nonsecure custody order under the provisions of G.S. 7B-502."
(k)  G.S. 50B-6 reads as rewritten:
"§ 50B-6. Construction of Chapter.
This Chapter shall not be construed as granting a status to any person for any purpose other than those expressly stated herein. This Chapter shall not be construed as relieving any person or institution of the duty to report to the department of social services, as required by G.S. 7B-301, if the person or institution has cause to suspect that a juvenile is abused or neglected."
(l)  G.S. 51-2(a) reads as rewritten:
"(a)	All unmarried persons of 18 years, or older, may lawfully marry, except as hereinafter forbidden. In addition, persons over 16 years of age and under 18 years of age may marry, and the register of deeds may issue a license for such marriage, only after there shall have been filed with the register of deeds a written consent to such marriage, said consent having been signed by the appropriate person as follows:
(1)	By the father if the male or female child applying to marry resides with his or her father, but not with his or her mother;
(2)	By the mother if the male or female child applying to marry resides with his or her mother, but not with his or her father;
(3)	By either the mother or father, without preference, if the male or female child applying to marry resides with his or her mother and father;
(4)	By a person, agency, or institution having legal custody, standing in loco parentis, or serving as guardian of such male or female child applying to marry.
Such written consent shall not be required for an emancipated minor if a certificate of emancipation issued pursuant to Article 13 of Chapter 7B of the General Statutes or a certified copy of a final decree or certificate of emancipation from this or any other jurisdiction is filed with the register of deeds."
(m)  G.S. 90-21.6(1) reads as rewritten:
"(1)	'Unemancipated minor' or 'minor' means any person under the age of 18 who has not been married or has not been emancipated pursuant to Article 13 of Chapter 7B of the General Statutes."
(n)  G.S. 90-21.8(f) reads as rewritten:
"(f)	The court shall make written findings of fact and conclusions of law supporting its decision and shall order that a confidential record of the evidence be maintained. If the court finds that the minor has been a victim of incest, whether felonious or misdemeanor, it shall advise the Director of the Department of Social Services of its findings for further action pursuant to Article 3 of Chapter 7B of the General Statutes."
(o)  G.S. 108A-14(a)(11) reads as rewritten:
"(11)	To investigate reports of child abuse and neglect and to take appropriate action to protect such children pursuant to the Child Abuse Reporting Law, Article 3 of Chapter 7B of the General Statutes;"
(p)  G.S. 110-102 reads as rewritten:
"§ 110-102.  Information for parents.
The Secretary shall provide to each operator of a child care facility a summary of this Article for the parents, guardian, or full-time custodian of each child receiving child care in the facility to be distributed by the operator. The summary shall include the name and address of the Secretary and the address of the Commission. The summary shall also include a statement regarding the mandatory duty prescribed in G.S. 7B-301 of any person suspecting child abuse or neglect has taken place in child care, or elsewhere, to report to the county Department of Social Services. The statement shall include the definitions of child abuse and neglect described in the Juvenile Code in 7B-101 and of child abuse described in the Criminal Code in G.S. 14-318.2 and G.S. 14-318.4. The statement shall stress that this reporting law does not require that the person reporting reveal the person's identity."
(p)  G.S. 110-105.2(a) reads as rewritten:
"(a)	For purposes of this Article, child abuse and neglect, as defined in G.S. 7B-101 and in G.S. 14-318.2 and G.S. 14-318.4, occurring in child care facilities, are violations of the licensure standards and of the licensure law."
(q)  G.S. 110-147 reads as rewritten:
"§ 110-147. Purpose.
It is the expressed intent of this Article to make the prevention of child abuse and neglect as defined in G.S. 7B-101, a priority of this State and to establish the Children's Trust Fund as a means to that end."
(r)  G.S. 114-15.3 reads as rewritten:
"§ 114-15.3.  Investigations of child sexual abuse in child care.
The Director of the Bureau may form a task force to investigate and gather evidence following a notification by the director of a county department of social services, pursuant to G.S. 7B-301, that child sexual abuse may have occurred in a child care facility."
(s)  G.S. 115C-378 reads as rewritten:
"§ 115C-378.  Children required to attend.
Every parent, guardian or other person in this State having charge or control of a child between the ages of seven and 16 years shall cause such child to attend school continuously for a period equal to the time which the public school to which the child is assigned shall be in session. Every parent, guardian, or other person in this State having charge or control of a child under age seven who is enrolled in a public school in grades kindergarten through two shall also cause such child to attend school continuously for a period equal to the time which the public school to which the child is assigned shall be in session unless the child has withdrawn from school. No person shall encourage, entice or counsel any such child to be unlawfully absent from school. The parent, guardian, or custodian of a child shall notify the school of the reason for each known absence of the child, in accordance with local school policy.
The principal, superintendent, or teacher who is in charge of such school shall have the right to excuse a child temporarily from attendance on account of sickness or other unavoidable cause which does not constitute unlawful absence as defined by the State Board of Education. The term 'school' as used herein is defined to embrace all public schools and such nonpublic schools as have teachers and curricula that are approved by the State Board of Education.
All nonpublic schools receiving and instructing children of a compulsory school age shall be required to keep such records of attendance and render such reports of the attendance of such children and maintain such minimum curriculum standards as are required of public schools; and attendance upon such schools, if the school refuses or neglects to keep such records or to render such reports, shall not be accepted in lieu of attendance upon the public school of the district to which the child shall be assigned: Provided, that instruction in a nonpublic school shall not be regarded as meeting the requirements of the law unless the courses of instruction run concurrently with the term of the public school in the district and extend for at least as long a term.
The principal or his designee shall notify the parent, guardian, or custodian of his child's excessive absences after the child has accumulated three unexcused absences in a school year. After not more than six unexcused absences, the principal shall notify the parent, guardian, or custodian by mail that he may be in violation of the Compulsory Attendance Law and may be prosecuted if the absences cannot be justified under the established attendance policies of the State and local boards of education. Once the parents are notified, the school attendance counselor shall work with the child and his family to analyze the causes of the absences and determine steps, including adjustment of the school program or obtaining supplemental services, to eliminate the problem. The attendance counselor may request that a law-enforcement officer accompany him if he believes that a home visit is necessary.
After 10 accumulated unexcused absences in a school year the principal shall review any report or investigation prepared under G.S. 115C-381 and shall confer with the student and his parent, guardian, or custodian if possible to determine whether the parent, guardian, or custodian has received notification pursuant to this section and made a good faith effort to comply with the law. If the principal determines that parent, guardian, or custodian has not, he shall notify the district attorney. If he determines that parent, guardian, or custodian has, he may file a complaint with the juvenile intake counselor pursuant to Chapter 7B of the General Statutes that the child is habitually absent from school without a valid excuse. Evidence that shows that the parents, guardian, or custodian were notified and that the child has accumulated 10 absences which cannot be justified under the established attendance policies of the local board shall establish a prima facie case that the child's parent, guardian, or custodian is responsible for the absences."
(t)  G.S. 115C-400 reads as rewritten:
"§ 115C-400. School personnel to report child abuse.
Any person who has cause to suspect child abuse or neglect has a duty to report the case of the child to the Director of Social Services of the county, as provided in Article 3 of Chapter 7B of the General Statutes."
(u)	G.S. 115C-404(a)	reads as rewritten:
"(a)	Written notifications received in accordance with Article 31 of Chapter 7B of the General Statutes are confidential records, are not public records as defined under G.S.132-1, and shall not be made part of the student's official record under G.S. 115C-402. Immediately upon receipt, the principal shall maintain these documents in a safe, locked record storage that is separate from the student's other school records. The principal shall maintain these documents until the principal receives notification that the judge dismissed the petition, the judge transferred jurisdiction over the student to superior court, or the judge granted the student's petition for expunction of the records pursuant to Chapter 7B of the General Statutes. At that time, the principal shall shred, burn, or otherwise destroy the documents to protect the confidentiality of this information. In no case shall the principal make a copy of these documents."
(v)  G.S. 122C-3(13a) reads as rewritten: 
"(13a)	'Eligible assaultive and violent children' means children who are citizens of North Carolina and:
a.	Who suffer from emotional, mental, or neurological handicaps that have been accompanied by behavior that is characterized as violent or assaultive; and
b.	Who are involuntarily institutionalized or otherwise placed in residential programs, including:
1.	Minors who are mentally ill as defined by G.S. 122C-3(21) and who are admitted for evaluation or treatment to a treatment facility under Article 5 of Chapter 122C of the General Statutes or are presented for admission and denied due to their behaviors or handicapping conditions;
2.	Minors who are referred to an area mental health, developmental disabilities, and substance abuse authority pursuant to G.S. 7B-903 or G.S. 7B-2501 for whom residential treatment or placement is recommended;
3.	Minors who are placed in residential programs as a condition of probation pursuant to G.S. 7B-2504;
4.	Minors who are ordered to a professional residential treatment program pursuant to G.S. 7B-2504; and
5.	Minors committed to the custody of the Division of Youth Services pursuant to G.S. 7B-2504; and
c.	For whom the State has not provided appropriate treatment and educational programs."
(w)  G.S. 122C-54(h) reads as rewritten:
"(h)	A facility shall disclose confidential information for purposes of complying with Article 3 of Chapter 7B of the General Statutes and Article 6 of Chapter 108A of the General Statutes, or as required by other State or federal law."
(x)  G.S. 122C-66(e) reads as rewritten:
"(e)	The duty imposed by this section is in addition to any duty imposed by G.S. 7B-301 or G.S. 108A-102."
(y)  G.S. 122C-223(c) reads as rewritten:
"(c)	If the legally responsible person cannot be located within 72 hours of admission, the responsible professional shall initiate proceedings for juvenile protective services as described in Article 3 of Chapter 7B of the General Statutes in either the minor's county of residence or in the county in which the facility is located."
(z)  G.S. 122C-421(a) reads as rewritten:
"(a)	The Secretary may designate one or more special police officers who shall make up a joint security force to enforce the law of North Carolina and any ordinance or regulation adopted pursuant to G.S. 143-116.6 or G.S. 143-116.7 or pursuant to the authority granted the Department by any other law on the territory of the Black Mountain Center, the Alcohol Rehabilitation Center, and the Juvenile Evaluation Center, all in Buncombe County. After taking the oath of office for law enforcement officers as set out in G.S. 11-11, these special police officers have the same powers as peace officers now vested in sheriffs within the territory embraced by the named centers. These special police officers shall also have the power prescribed by G.S. 7B-1900 outside the territory embraced by the named centers but within the confines of Buncombe County. These special police officers may arrest persons outside the territory of the named centers but within the confines of Buncombe County when the person arrested has committed a criminal offense within that territory, for which the officers could have arrested the person within that territory, and the arrest is made during the person's immediate and continuous flight from that territory."
(aa)  G.S. 131D-10.2(3) reads as rewritten:
"(3)	'Child' means an individual less than 18 years of age, who has not been emancipated under the provisions of Article 13 of Chapter 7B of the General Statutes."
(bb)  G.S. 131D-10.4(3) reads as rewritten:
"(3)	Secure detention facilities as specified in Article 5 of Chapter 134A of the General Statutes;"
(cc)  G.S. 132-1.4(l) reads as rewritten:
"(l)	Records of investigations of alleged child abuse shall be governed by G.S. 7B-1200."
(dd)  G.S. 143-576(1) reads as rewritten:
"(1)	Review current deaths of children when those deaths are attributed to child abuse or neglect or when the decedent was reported as an abused or neglected juvenile pursuant to G.S. 7B-301 at any time before death;"
(ee)  G.S. 143B-168.14(a)(3) reads as rewritten:
"(3)	Each local partnership shall adopt procedures to ensure that all personnel who provide services to young children and their families under this Part know and understand their responsibility to report suspected child abuse, neglect, or dependency, as defined in G.S. 7B-101."
(ff)  G.S. 143B-496 reads as rewritten:
"§ 143B-496. Definitions.
For the purpose of this Part:
(1)	'Missing child' means a juvenile as defined in G.S. 7B-101  whose location has not been determined, who has been reported as missing to a law-enforcement agency, and whose parent's, spouse's, guardian's or legal custodian's temporary or permanent residence is in North Carolina or is believed to be in North Carolina.
(2)	'Missing person' means any individual who is 18 years of age or older, whose temporary or permanent residence is in North Carolina, or is believed to be in North Carolina, whose location has not been determined, and who has been reported as missing to a law-enforcement agency.
(3)	'Missing person report' is a report prepared on a prescribed  form for transmitting information about a missing person or a missing child to an appropriate law-enforcement agency."
(gg) Effective October 1, 1999, G.S. 14-208.31 reads as rewritten:
"§ 14-208.31.  File with Police Information Network.
(a)	The Division shall include the registration information in the Police Information Network as set forth in G.S. 114-10.1.
(b)	The Division shall maintain the registration information permanently even after the registrant's reporting requirement expires; however, the records shall remain confidential in accordance with Article 32 of Chapter 7B of the General Statutes."

PART V.  EFFECT OF HEADINGS, APPROPRIATIONS, SEVERABILITY, EFFECTIVE DATE.

Section 7.  The  headings to the parts of this act are a convenience to the reader and are for reference only.  The headings do not expand, limit, or define the text of this act.
Section 8. There is established in the Office of State Budget and Management a reserve fund entitled the "Special Juvenile Justice Fund" to provide funds to implement the provisions of this act. There is appropriated from the General Fund to the Office of State Budget and Management the sum of forty million dollars ($40,000,000) for the 1998-99 fiscal year for the Special Juvenile Justice Fund.  The Office of State Budget and Management shall report to the Chairs of the House and Senate Appropriations Committees on the intended use of the funds prior to expenditure of any funds from the Special Juvenile Justice Fund.
Section 9.  If any section or provision of this act is declared unconstitutional or invalid by the courts, it does not affect the validity of this act as a whole or any part other than the part so declared to be unconstitutional or invalid.
Section 10.  This section and Sections 8 and 9 become effective July 1, 1998. The remaining section become effective January 1, 1999 and, except for Section 4, apply to causes of action commenced and offenses arising on or after that date.  Section 4 applies to any placement of a minor who is in the custody or placement responsibility of a county department of social services on or after that date.