North Carolina § 143B-805 - Definitions.

§ 143B-805. Definitions.

In this Part, unless the context clearly requires otherwise, the following words have the listed meanings: 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 Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. 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. County Councils. - Juvenile Crime Prevention Councils created under G.S. 143B-846. Court. - The district court division of the General Court of Justice. Custodian. - The person or agency that has been awarded legal custody of a juvenile by a court. 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, or who commits indirect contempt by a juvenile as defined in G.S. 5A-31. Any juvenile who, while less than 18 years of age but at least 16 years of age, commits a crime or an infraction under State law or under an ordinance of local government, excluding all violations of the motor vehicle laws under Chapter 20 of the General Statutes, or who commits indirect contempt by a juvenile as defined in G.S. 5A-31. Detention. - The secure confinement of a juvenile under a court order. Detention facility. - A facility approved to provide secure confinement and care for juveniles. Detention facilities include both State and locally administered detention homes, centers, and facilities. District. - Any district court district as established by G.S. 7A-133. Repealed by Session Laws 2017-186, s. 1(r), effective December 1, 2017. Judge. - Any district court judge. Judicial district. - Any district court district as established by G.S. 7A-133. Juvenile. - Except as provided in subdivisions (6) and (20) 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 Forces 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. Juvenile court. - Any district court exercising jurisdiction under this Chapter. Juvenile court counselor. - A person responsible for intake services and court supervision services to juveniles under the supervision of the chief court counselor. Post-release supervision. - The supervision of a juvenile who has been returned to the community after having been committed to the Division for placement in a training school. Probation. - The status of a juvenile who has been adjudicated delinquent, is subject to specified conditions under the supervision of a juvenile court counselor, and may be returned to the court for violation of those conditions during the period of probation. Protective supervision. - The status of a juvenile who has been adjudicated undisciplined and is under the supervision of a juvenile court counselor. Secretary. - The Secretary of Public Safety. Section. - The Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. Undisciplined juvenile. - 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 for a period of more than 24 hours; or 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 for a period of more than 24 hours. Youth development center. - A secure residential facility authorized to provide long-term treatment, education, and rehabilitative services for delinquent juveniles committed by the court to the Division. History (1998-202, ss. 1(b), 2(a); 2000-137, s. 1(b); 2001-95, ss. 3, 4; 2001-490, s. 2.39; 2008-118, s. 3.12(b); 2011-145, s. 19.1( l ), (m), (t), (ccc); 2011-183, s. 105; 2017-57, s. 16D.4(r); 2017-186, s. 1(r); 2018-142, s. 23(b); 2019-186, s. 1(b).) Treatment Staffing Model at Youth Development Centers. - Session Laws 2010-31, s. 18.2, repealed Session Laws 2009-451, s. 18.4, which was noted under this catchline previously. Session Laws 2012-142, s. 14.5, repealed Session Laws 2011-145, s. 17.7, which provided for staffing caps at Youth Development Centers. Youth Development Center Annual Report. - Session Laws 2011-145, s. 17.8, provides: "The Department of Juvenile Justice and Delinquency Prevention [Division of Juvenile Justice of the Department of Public Safety] shall report by October 1 of each year to the Chairs of the House of Representatives and Senate Appropriations Subcommittees on Justice and Public Safety, the Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee, and the Fiscal Research Division on the Youth Development Center (YDC) population, staffing, and capacity in the preceding fiscal year. Specifically, the report shall include all of the following: "(1) The on-campus population of each YDC, including the county the juveniles are from. "(2) The housing capacity of each YDC. "(3) A breakdown of staffing for each YDC, including number, type of position, position title, and position description. "(4) The per-bed and average daily population cost for each facility. "(5) The operating cost for each facility, including personnel and nonpersonnel items. "(6) A brief summary of the treatment model, education, services, and plans for reintegration into the community offered at each facility. "(7) The average length of stay in the YDCs. "(8) The number of incidents of assaults/attacks on staff at each facility." DJJDP Facility Monthly Commitment Report. - Session Laws 2011-145, s. 17.9, provides: "The Department of Juvenile Justice and Delinquency Prevention [Division of Juvenile Justice of the Department of Public Safety] shall report electronically on the first day of each month to the Fiscal Research Division regarding each juvenile correctional facility and the average daily population for the previous month. The report shall include (i) the average daily population for each detention center and (ii) the monthly summary of the Committed Youth Report." Pilot Program to Raise the High School Dropout Age From Sixteen to Eighteen. - Session Laws 2016-94, s. 8.21(a)-(h) establishes a pilot program pursuant to this section to increase the high school dropout age from 16 years of age to the completion of the school year coinciding with the calendar year in which a student reaches 18 years of age, unless the student has previously graduated from high school in the Hickory Public Schools, the Newton-Conover City Schools, and the Rutherford County Schools. For complete provisions see the note under 115C-378 under the same catchline. Editor's Note. - G.S. 143B-515 was recodified as G.S. 143B-272.5 by Session Laws 2011-145, s. 19.1(t), effective January 1, 2012. It was subsequently renumbered as this section at the direction of the Revisor of Statutes. The subdivisions in this section were renumbered at the direction of the Revisor of Statutes. Session Laws 2011-145, s. 19.1(t) recodified Article 12 of Chapter 143B as Part 3 of Article 5A of Chapter 143B . Article 5A was renumbered as Article 13 at the direction of the Revisor of Statutes. Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium." Session Laws 2011-145, s. 32.5, is a severability clause. Session Laws 2013-360, s. 8.49(a)-(d), as amended by Session Laws 2014-115, s. 64, provides: "(a) Notwithstanding any provisions in Part 1 of Article 26 of Chapter 115C of the General Statutes, G.S. 7B-1501(27) , 115C-238.66(3), 116-235(b)(2), and 143B-805(20) to the contrary, the State Board of Education shall authorize the Hickory Public Schools and the Newton-Conover City Schools to establish and implement a pilot program pursuant to this section to increase the high school dropout age from 16 years of age to the completion of the school year coinciding with the calendar year in which a student reaches 18 years of age, unless the student has previously graduated from high school. "(a1) For the purposes of implementing the pilot program authorized by this section, a local school administrative unit that is participating in the pilot program shall have the authority to provide that, if the principal or the principal's designee determines that a student's parent, guardian, or custodian, or a student who is 18 years of age, has not made a good-faith effort to comply with the compulsory attendance requirements of the pilot program, the principal shall notify the district attorney and, if the student is less than 18 years of age, the director of social services of the county where the student resides. If the principal or the principal's designee determines that a parent, guardian, or custodian of a student less than 18 years of age has made a good-faith effort to comply with the law, the principal may file a complaint with the juvenile court counselor pursuant to Chapter 7B of the General Statutes that the student is habitually absent from school without a valid excuse. Upon receiving notification by the principal or the principal's designee, the director of social services shall determine whether to undertake an investigation under G.S. 7B-302 . "(a2) The local boards of education of the participating local school administrative units shall prescribe specific rules to address under what circumstances a student who is 18 years of age who is required to attend school as part of the pilot program shall be excused from attendance, including if the student has attained a high school equivalency certificate or a student has enlisted as a member of the Armed Forces. "(a3) For the purposes of implementing the pilot program authorized by this section, any (i) parent, guardian, or other person having charge or control of a student enrolled in a school located within a participating local school administrative unit and (ii) student who is 18 years of age enrolled in a school located within a participating local school administrative unit who violates the compulsory attendance provisions of the pilot program without a lawful exception recognized under Part 1 of Article 26 of Chapter 115C of the General Statutes or the provisions of this section shall be guilty of a Class 1 misdemeanor. "(a4) If an affidavit is made by the student, parent of the student, or by any other person that any student who is required to attend school under the requirements of the pilot program is not able to attend school by reason of necessity to work or labor for the support of himself or herself or the support of the family, then the school social worker of the applicable school located within the participating school administrative unit shall diligently inquire into the matter and bring it to the attention of an appropriate court, depending on the age of the student. The court shall proceed to find whether as a matter of fact the student is unable to attend the school or such parents, or persons standing in loco parentis, are unable to send the student to school for the term of compulsory attendance for the reasons given. If the court finds, after careful investigation, that the student or the parents have made or are making a bona fide effort to comply with the compulsory attendance law, and by reason of illness, lack of earning capacity, or any other cause which the court may deem valid and sufficient, the student is unable to attend school, then the court shall find and state what help is needed for the student or family to enable compliance with the attendance requirements under the pilot program. "(b) Each local school administrative unit may use any funds available to it to implement the pilot program in accordance with this section to (i) employ up to three additional teachers and (ii) fund additional student-related costs, such as transportation and technology costs, including additional computers, to serve a greater number of students as a result of the pilot program. Each local school administrative unit may also use any funds available to it to operate a night school program for students at risk of dropping out of high school. To the extent possible, the local school administrative units shall partner with Catawba Valley Community College in administering the pilot program. "(c) The local school administrative units, in collaboration with the State Board of Education, shall report to the Joint Legislative Education Oversight Committee, the House Appropriations Subcommittee on Education, and the Senate Appropriations Committee on Education/Higher Education on or before January 15, 2016. The report shall include at least all of the following information: "(1) An analysis of the graduation rate in each local school administrative unit and the impact of the pilot program on the graduation rate. "(2) The teen crime statistics for Catawba County. "(3) The number of reported cases of violations of compulsory attendance laws in Catawba County and the disposition of those cases. "(3a) Implementation of enforcement mechanisms for violations of the compulsory attendance requirements of the pilot program, including the imposition of criminal penalties. "(4) The number of at-risk students served in any night programs established as part of the pilot program and student graduation and performance outcomes for those students. "(5) All relevant data to assist in determining the effectiveness of the program and specific legislative recommendations, including the continuation, modification, or expansion of the program statewide. "(d) The State Board of Education shall not authorize a pilot program under subsection (a) of this section except upon receipt of a copy of a joint resolution adopted by the boards of education for the Hickory Public Schools and the Newton-Conover City Schools setting forth a date to begin establishment and implementation of the pilot program." Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 38.5, is a severability clause. Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.'" Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year." Session Laws 2016-94, s. 39.7, is a severability clause. Session Laws 2017-57, s. 16D.4.(tt), as amended by Session Laws 2018-142, s. 23(b), provides: "Sections 16D.4(a) through 16D.4(s) of this act become effective December 1, 2019, and apply to offenses committed on or after that date. Sections 16D.4(t) through 16D.4(x) of this act become effective October 1, 2017, and Sections 16D.4(t) through 16D.4(w) apply to all complaints filed on or after that date. Except as otherwise provided in this section, the remainder of this section is effective when it becomes law. Prosecutions or delinquency proceedings initiated for offenses committed before any particular subsection of this section becomes effective are not abated or affected by this act, and the statutes that are in effect on the dates the offenses are committed remain applicable to those prosecutions." Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.6, is a severability clause. Session Laws 2019-186, s. 12, made the amendment of sub-subdivision (6)b. by Session Laws 2019-186, s. 1(b), effective December 1, 2019, and applicable to offenses committed on or after that date. Effect of Amendments. - Session Laws 2008-118, s. 3.12(b), effective July 1, 2008, deleted subdivision (20) regarding the definition of State Council. Session Laws 2011-145, s. 19.1( l ), (m), and (ccc), effective January 1, 2012, substituted "G.S. 143B-846" for "G.S. 143B-544" in subdivision (3); substituted "Division of Juvenile Justice of the Department of Public Safety" for "Department of Juvenile Justice and Delinquency Prevention" in subdivisions (1) and (10); substituted "Division" for "Department" in subdivisions (10), (16), and (21); and substituted "Secretary of Public Safety" for "Secretary of Juvenile Justice and Delinquency Prevention" in subdivision (19). Session Laws 2011-183, s. 105, effective June 20, 2011, substituted "Armed Forces" for "armed forces" in the first sentence of subdivision (13). Session Laws 2017-57, s. 16D.4(r), effective December 1, 2019, in subdivision (6), added the sub-subdivision (6)a. designation and added "or who commits indirect contempt by a juvenile as defined in G.S. 5A-31"; and added sub-subdivision (6)b. For applicability see editor's note. Session Laws 2017-186, s. 1(r), effective December 1, 2017, inserted "Juvenile Justice Section of the" and "Adult Correction and" in subdivision (1); deleted former subdivision (10), which defined "Division"; and added subdivision (19a). For effective date and applicability, see editor's note. Session Laws 2019-186, s. 1(b), substituted "all violations of the motor vehicle laws under Chapter 20 of the General Statutes" for "violation of the motor vehicle laws" in sub-subdivision (6)b. For effective date and applicability, see editor's note.