Section .0100 - General Provisions

Link to law: http://reports.oah.state.nc.us/ncac/title 14b - public safety/chapter 11 - division of juvenile justice/subchapter d/subchapter d rules.html
Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
SUBCHAPTER 11D - JUVENILE COURT

 

SECTION .0100 - GENERAL PROVISIONS

 

14B NCAC 11D .0101       DEFINITIONS

In this Subchapter the following term has the listed

meaning:  Complaint.  A written allegation that a juvenile is delinquent or

undisciplined with a signature verifying that the allegation is true.  A

complaint initiates the intake process.

 

History Note:        Authority G.S. 7B-1701; 143B-516(b)(5);

143B-516(b)(6);

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 04A .0101 Eff. June 1, 2013.

14B NCAC 11D .0102       INTAKE

(a)  Complaints - Complaints alleging that a juvenile is

undisciplined or delinquent are accepted by a juvenile court counselor for

evaluation.  All complaints shall be in writing and must contain the following:

(1)           The juvenile's name;

(2)           The juvenile's age and date of birth;

(3)           The name of the juvenile's parents,

guardians, or custodians;

(4)           The juvenile's home address;

(5)           The facts supporting any allegation that a

juvenile is undisciplined or delinquent;

(6)           The date the complaint is received by the

court counselor;

(7)           The complainant's name, address, and

telephone number; and

(8)           The complainant's signature, verified

before an official authorized to administer oaths.

(b)  Intake evaluation - In order to determine whether a

complaint shall be filed as a petition, the juvenile court counselor in the

best interest of the juvenile shall consider the following factors:

(1)           Protection of the community;

(2)           The seriousness of the offense;

(3)           The juvenile's previous record of

involvement in the legal system including previous diversions;

(4)           The ability of the juvenile and the

juvenile's family to use community resources;

(5)           Consideration of the victim;

(6)           The juvenile's age; and

(7)           The juvenile's culpability in the alleged

complaint.

(c)           Diverted and retained complaints:

(1)           The juvenile court counselor shall retain a

complaint and develop a diversion plan with the juvenile and the juvenile's

parents, guardians or custodians if it is determined that intervention related

to the offense is needed and may be accomplished without court involvement.

(2)           A diversion plan may include a diversion

contract as set out in G.S. 7B-1706.

(3)           The complaint including a diversion plan or

contract must be resolved within six months after a decision to divert and

retain a complaint is made; and

(A)          Written notice of the diversion plan is provided to

the juvenile and the juvenile's parents, guardians or custodians; or

(B)          A diversion contact has been entered.

(4)           If the juvenile agrees to pay damages or

restitution as part of a diversion plan or contact, payment shall be made

directly to the victim or through a program set up to account for payment of

such damages or restitution.

 

History Note:        Authority G.S. 7B-1701; 143B-516(b)(50);

143B-516(b)(6);

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 04A .0102 Eff. June 1, 2013.

 

14B NCAC 11D .0103       SERVICES TO THE COURT

(a)  The Department shall provide information and assistance

concerning a juvenile case before, during or after a hearing as the court may require,

including the preparation of written reports for the court, completion of risk

and needs assessments to be used by the court at disposition and assistance in

secure and non-secure custody matters.

(b)  Secure and Non-secure custody - The Department shall

assist in secure and non-secure custody matters regarding alleged or

adjudicated delinquent and undisciplined juveniles in accordance with any

administrative order entered in the judicial district or court order entered by

a judge.  The Department may transport any juvenile in secure custody to and

from any placement facility.

 

History Note:        Authority G.S. 7B-2413; 7B-1803; 7B-1900;

7B-1902; 7B-1903(e); 7B-1906(f); 143B-536;

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 04A .0103 Eff. June 1, 2013.

 

14B NCAC 11D .0104       COMMITMENT TO THE DEPARTMENT

(a)  Juvenile court counselors shall provide services to

juveniles committed to the Department and their families during the commitment which

includes:

(1)           Serving as a liaison between the Department

staff, the juvenile, and his family, community agencies and the court;

(2)           Assisting in treatment planning during the

commitment; and

(3)           Participating in planning for post-release

supervision.

(b)  When a juvenile is committed to the Department for an

offense that would have been a Class A or B1 felony if committed by an adult,

the chief court counselor shall notify the victim or the victim's immediate

family that they may request in writing to be notified in advance of the

juvenile's schedule release date.  The chief court counselor shall provide the

victim or the victim's immediate family:

(1)           The name of the juvenile; and

(2)           The name, address and telephone number of

the chief court counselor who is to receive the request to be notified.

 

History Note:        Authority G.S. 7B-2513;

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 04A .0104 Eff. June 1, 2013.

 

14B NCAC 11D .0105       POST-RELEASE SUPERVISION

(a)  Juvenile Court counselors shall provide post-release

supervision services for any juvenile released from a youth development center.

(b)  A needs assessment shall be completed by the court

counselor to determine the social, medical and educational needs of the

juvenile and make proper referrals and provide services during the post-release

supervision period.

(c)  The chief court counselor or designee shall determine

the appropriate level of supervision for the juvenile and shall assign the case

to a court counselor for supervision.

(d)  Juvenile court counselors shall document the level of

supervision in the juvenile's file.

 

History Note:        Authority G.S. 7B-2514;

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 04A .0105 Eff. June 1, 2013.

 

14B NCAC 11D .0106       SUBSTANCE ABUSE TESTING

(a)  The Department shall contract for testing services and

shall provide supplies for testing juveniles for use of alcohol and controlled substances.

(b)  Alternate drug and alcohol testing services may be used

for individual juveniles at the expense of the parent or another agency if

approved by the court.

(c)  Other entities may be used to provide alcohol or drug

testing services in a district if the chief court counselor submits a plan to

the Department insuring that testing services that are at least equal to the

services provided through the Department are readily available to the court for

juveniles under the court's jurisdiction.

(d)  Juvenile court counselors shall administer drug and

alcohol tests only if ordered by the court.

 

History Note:        Authority G.S. 143B-516(b)(7);

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 04A .0106 Eff. June 1, 2013.