North Carolina § 7B-101 - Definitions.

§ 7B-101. Definitions.

As used in this Subchapter, unless the context clearly requires otherwise, the following words have the listed meanings: Abused juveniles. - Any juvenile less than 18 years of age (i) who is found to be a minor victim of human trafficking under G.S. 14-43.15 or (ii) whose parent, guardian, custodian, or caretaker: Inflicts or allows to be inflicted upon the juvenile a serious physical injury by other than accidental means; Creates or allows to be created a substantial risk of serious physical injury to the juvenile by other than accidental means; Uses or allows to be used upon the juvenile cruel or grossly inappropriate procedures or cruel or grossly inappropriate devices to modify behavior; Commits, permits, or encourages the commission of a violation of the following laws by, with, or upon the juvenile: first-degree forcible rape, as provided in G.S. 14-27.21; second-degree forcible rape as provided in G.S. 14-27.22; statutory rape of a child by an adult as provided in G.S. 14-27.23; first-degree statutory rape as provided in G.S. 14-27.24; first-degree forcible sex offense as provided in G.S. 14-27.26; second-degree forcible sex offense as provided in G.S. 14-27.27; statutory sexual offense with a child by an adult as provided in G.S. 14-27.28; first-degree statutory sexual offense as provided in G.S. 14-27.29; sexual activity by a substitute parent or custodian as provided in G.S. 14-27.31; sexual activity with a student as provided in G.S. 14-27.32; unlawful sale, surrender, or purchase of a minor, as provided in G.S. 14-43.14; crime against nature, as provided in G.S. 14-177; incest, as provided in G.S. 14-178; preparation of obscene photographs, slides, or motion pictures of the juvenile, as provided in G.S. 14-190.5; employing or permitting the juvenile to assist in a violation of the obscenity laws as provided in G.S. 14-190.6; dissemination of obscene material to the juvenile as provided in G.S. 14-190.7 and G.S. 14-190.8; displaying or disseminating material harmful to the juvenile as provided in G.S. 14-190.14 and G.S. 14-190.15; first and second degree sexual exploitation of the juvenile as provided in G.S. 14-190.16 and G.S. 14-190.17; promoting the prostitution of the juvenile as provided in G.S. 14-205.3(b); and taking indecent liberties with the juvenile, as provided in G.S. 14-202.1; Creates or allows to be created serious emotional damage to the juvenile; serious emotional damage is evidenced by a juvenile's severe anxiety, depression, withdrawal, or aggressive behavior toward himself or others; Encourages, directs, or approves of delinquent acts involving moral turpitude committed by the juvenile; or Commits or allows to be committed an offense under G.S. 14-43.11 (human trafficking), G.S. 14-43.12 (involuntary servitude), or G.S. 14-43.13 (sexual servitude) against the child. Repealed by Session Laws 2015-136, s. 1, effective October 1, 2015, and applicable to actions filed or pending on or after that date. Caretaker. - Any person other than a parent, guardian, or custodian who has responsibility for the health and welfare of a juvenile in a residential setting. A person responsible for a juvenile's health and welfare means a stepparent; foster parent; an adult member of the juvenile's household; an adult entrusted with the juvenile's care; a potential adoptive parent during a visit or trial placement with a juvenile in the custody of a department; any person such as a house parent or cottage parent who has primary responsibility for supervising a juvenile's health and welfare in a residential child care facility or residential educational facility; or any employee or volunteer of a division, institution, or school operated by the Department of Health and Human Services. 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 this Subchapter only. Clerk. - Any clerk of superior court, acting clerk, or assistant or deputy clerk. Repealed by Session Laws 2013-129, s. 1, effective October 1, 2013, and applicable to actions filed or pending on or after that date. Court. - The district court division of the General Court of Justice. 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. Criminal history. - A local, State, or federal criminal history of conviction or pending indictment of a crime, whether a misdemeanor or a felony, involving violence against a person. Custodian. - The person or agency that has been awarded legal custody of a juvenile by a court. Department. - Each county's child welfare agency. Unless the context clearly implies otherwise, when used in this Subchapter, "department" or "department of social services" shall refer to the county agency providing child welfare services, regardless of the name of the agency or whether the county has consolidated human services, pursuant to G.S. 153A-77 and shall include a regional social services department created pursuant to Part 2B of Article 1 of Chapter 108A of the General Statutes. Dependent juvenile. - A juvenile in need of assistance or placement because (i) the juvenile has no parent, guardian, or custodian responsible for the juvenile's care or supervision or (ii) the juvenile's parent, guardian, or custodian is unable to provide for the juvenile's care or supervision and lacks an appropriate alternative child care arrangement. Director. - The director of the department of social services in the county in which the juvenile resides or is found, or the director's representative as authorized in G.S. 108A-14. District. - Any district court district as established by G.S. 7A-133. Family assessment response. - A response to selected reports of child neglect and dependency as determined by the Director using a family-centered approach that is protection and prevention oriented and that evaluates the strengths and needs of the juvenile's family, as well as the condition of the juvenile. Investigative assessment response. - A response to reports of child abuse and selected reports of child neglect and dependency as determined by the Director using a formal information gathering process to determine whether a juvenile is abused, neglected, or dependent. Judge. - Any district court judge. Judicial district. - Any district court district as established by G.S. 7A-133. Juvenile. - A 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. Neglected juvenile. - Any juvenile less than 18 years of age (i) who is found to be a minor victim of human trafficking under G.S. 14-43.15 or (ii) whose parent, guardian, custodian, or caretaker does not provide proper care, supervision, or discipline; or who has been abandoned; or who is not provided necessary medical care; or who is not provided necessary remedial care; or who lives in an environment injurious to the juvenile's welfare; or the custody of whom has been unlawfully transferred under G.S. 14-321.2; or who has been placed for care or adoption in violation of law. In determining whether a juvenile is a neglected juvenile, it is relevant whether that juvenile lives in a home where another juvenile has died as a result of suspected abuse or neglect or lives in a home where another juvenile has been subjected to abuse or neglect by an adult who regularly lives in the home. Nonrelative kin. - An individual having a substantial relationship with the juvenile. In the case of a juvenile member of a State-recognized tribe as set forth in G.S. 143B-407(a), nonrelative kin also includes any member of a State-recognized tribe or a member of a federally recognized tribe, whether or not there is a substantial relationship with the juvenile. 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. Prosecutor. - The district attorney or assistant district attorney assigned by the district attorney to juvenile proceedings. Reasonable efforts. - The diligent use of preventive or reunification services by a department of social services when a juvenile's remaining at home or returning home is consistent with achieving a safe, permanent home for the juvenile within a reasonable period of time. If a court of competent jurisdiction determines that the juvenile is not to be returned home, then reasonable efforts means the diligent and timely use of permanency planning services by a department of social services to develop and implement a permanent plan for the juvenile. Relative. - An individual directly related to the juvenile by blood, marriage, or adoption, including a grandparent, sibling, aunt, or uncle. Responsible individual. - A parent, guardian, custodian, caretaker, or individual responsible for subjecting a juvenile to human trafficking under G.S. 14-43.11, 14-43.12, or 14-43.13, who abuses or seriously neglects a juvenile. Return home or reunification. - Placement of the juvenile in the home of either parent or placement of the juvenile in the home of a guardian or custodian from whose home the child was removed by court order. Safe home. - A home in which the juvenile is not at substantial risk of physical or emotional abuse or neglect. Serious neglect. - Conduct, behavior, or inaction of the juvenile's parent, guardian, custodian, or caretaker that evidences a disregard of consequences of such magnitude that the conduct, behavior, or inaction constitutes an unequivocal danger to the juvenile's health, welfare, or safety, but does not constitute abuse. Repealed by Session Laws 2013-129, s. 1, effective October 1, 2013, and applicable to actions filed or pending on or after that date. Substantial evidence. - Relevant evidence a reasonable mind would accept as adequate to support a conclusion. Working day. - Any day other than a Saturday, Sunday, or a legal holiday when the courthouse is closed for transactions. The singular includes the plural, the masculine singular includes the feminine singular and masculine and feminine plural unless otherwise specified. History (1979, c. 815, s. 1; 1981, c. 336; c. 359, s. 2; c. 469, ss. 1-3; c. 716, s. 1; 1985, c. 648; c. 757, s. 156(q); 1985 (Reg. Sess., 1986), c. 852, s. 16; 1987, c. 162; c. 695; 1987 (Reg. Sess., 1988), c. 1037, ss. 36, 37; 1989 (Reg. Sess., 1990), c. 815, s. 1; 1991, c. 258, s. 3; c. 273, s. 11; 1991 (Reg. Sess., 1992), c. 1030, s. 3; 1993, c. 324, s. 1; c. 516, ss. 1-3; 1997-113, s. 1; 1997-390, s. 3; 1997-390, s. 3.2; 1997-443, s. 11A.118(a); 1997-506, s. 30; 1998-202, s. 6; 1998-229, ss. 1, 18; 1999-190, s. 1; 1999-318, s. 1; 1999-456, s. 60; 2005-55, s. 1; 2005-399, s. 1; 2009-38, s. 1; 2010-90, ss. 1, 2; 2011-183, s. 2; 2012-153, s. 2; 2013-129, s. 1; 2013-368, s. 16; 2015-123, s. 1; 2015-136, s. 1; 2015-181, s. 21; 2016-94, s. 12C.1(d); 2016-115, s. 3; 2017-41, s. 4.3; 2018-68, s. 8.1(a), (b); 2018-75, s. 5(a); 2018-145, s. 11(d); 2019-33, s. 1; 2019-245, s. 6(a); 2021-100, s. 1(a).) Cross References. - As to support for adoptive families at risk of dissolution, see G.S. 48-1-110 . Editor's Note. - Subdivisions (2) and (7) were originally enacted by Session Laws 1998-229, s. 18 as subdivisions (1a) and (5a). The subdivisions have been renumbered at the direction of the Revisor of Statutes. Session Laws 2012-153, s. 8, made the amendments to this section by Session Laws 2012-153, s. 2, applicable to offenses committed on or after December 1, 2012. Session Laws 2013-129, s. 41, made the amendment to this section by Session Laws 2013-129, s. 1, applicable to actions filed or pending on or after October 1, 2013. Session Laws 2013-368, s. 25, made the amendments to this section by Session Laws 2013-368, s. 16, applicable to offenses committed on or after October 1, 2013, and provides: "Prosecutions for offenses committed before the effective date of this act [October 1, 2013] are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Session Laws 2015-136, s. 18, made the addition of subdivisions (8a) and (15a), and the deletion of subdivision (2) by Session Laws 2015-136, s. 1, applicable to actions filed or pending on or after October 1, 2015. Session Laws 2015-181, s. 48, provides: "This act becomes effective December 1, 2015, and applies to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Session Laws 2015-181, s. 21,had updated statutory references in subdivision (1)(d). Session Laws 2016-115, s. 6, made the amendment to subdivision (15) of this section by Session Laws 2016-115, s. 3, applicable to offenses committed on or after December 1, 2016. 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. 39.7, is a severability clause. Session Laws 2018-145, s. 11(d), effective December 27, 2018, repealed Session Laws 2018-75, s. 5, which had repealed sub-subdivision (1)g. of this section. Session Laws 2019-245, s. 9(c), made the amendment of subdivision (3) of this section by Session Laws 2019-245, s. 6(a), effective December 1, 2019, and applicable to offenses committed on or after that date. Session Laws 2019-245, s. 9(a), is a severability clause. Effect of Amendments. - Session Laws 2009-38, s. 1, effective May 27, 2009, in subdivision (1)d., inserted "rape of a child by an adult offender, as provided in G.S. 14-27.2A" and "sexual offense with a child by an adult offender, as provided in G.S. 14-27.4A". Session Laws 2010-90, ss. 1 and 2, effective July 11, 2010, rewrote subdivision (18a), which formerly read: "Responsible individual. - An individual identified by the director as the person who is responsible for rendering a juvenile abused or seriously neglected."; and added subdivision (19a). Session Laws 2011-183, s. 2, effective June 20, 2011, substituted "Armed Forces" for "armed forces" in subdivision (14). Session Laws 2012-153, s. 2, effective December 1, 2012, inserted "unlawful sale, surrender, or purchase of a minor, as provided in G.S. 14-43.14" near the middle of subdivision (1)d. For applicability, see editor's note. Session Laws 2013-129, s. 1, effective October 1, 2013, deleted subdivisions (5) and (20); deleted "court or a person, 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" preceding "court" in subdivision (8); in subdivision (9), added "(i)" and "juvenile's," and substituted "(ii) the juvenile's" for "whose"; and added subsection (18b). For applicability, see editor's note. Session Laws 2013-368, s. 16, effective October 1, 2013, substituted "G.S. 14-205.3(b)" for "G.S. 14-190.18" in sub-subdivision (1)d.; added sub-subdivision (1)g.; and made minor stylistic and punctuation changes throughout subdivision (1). For applicability, see editor's note. Session Laws 2015-123, s. 1, effective January 1, 2016, deleted the former third sentence in subdivision (3), which read: " '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." Session Laws 2015-136, s. 1, effective October 1, 2015, deleted former subdivision (2), relating to aggravated circumstances; and added subdivisions (8a) and (15a). For applicability, see editor's note. Session Laws 2015-181, s. 21, effective December 1, 2015, updated statutory references in subdivision (1)(d). For applicability, see Editor's note. Session Laws 2016-94, s. 12C.1(d), effective July 1, 2016, inserted "a potential adoptive parent during a visit or trial placement with a juvenile in the custody of a department" near the middle of subdivision (3). Session Laws 2016-115, s. 3, effective December 1, 2016, inserted "or the custody of whom has been unlawfully transferred under G.S. 14-321.2" near the middle of subdivision (15). See editor's note for applicability. Session Laws 2017-41, s. 4.3, effective March 1, 2019, added "and shall include a regional social services department created pursuant to Part 2B of Article 1 of Chapter 108A of the General Statutes" at the end of subdivision (8a); and deleted "county" preceding "department of social services" in subdivision (10). Session Laws 2018-68, ss. 8.1(a), 8.1(b),effective October 1, 2018, added "(i) who is found to be a minor victim of human trafficking under G.S. 14-43.15 or (ii)" following "18 years of age" in subdivision (1); and rewrote subdivision (15). Session Laws 2018-75, s. 5(a), effective December 1, 2018, in subdivision (1), deleted subdivision (1)g., and added the undesignated language at the end of the subdivision. Session Laws 2019-33, s. 1, effective October 1, 2019, inserted "caretaker, or individual responsible for subjecting a juvenile to human trafficking under G.S. 14-43.11, 14-43.12, or 14-43.13," in subdivision (18a). Session Laws 2019-245, s. 6(a), in subdivision (3), deleted "relative" preceding "entrusted with" in the second sentence; and made stylistic changes. For effective date and applicability, see editor's note. Session Laws 2021-100, s. 1(a), effective October 1, 2021, redesignated former subdivisions (18a), and (18b) as present subdivisions (18b), and (18c); and added present subdivision (18a). Legal Periodicals. - For legislative survey on family and juvenile law, see 22 Campbell L. Rev. 253 (2000). For article, "Failing to Serve and Protect: A Proposal for an Amendment to a Juvenile's Right to a Parent, Guardian, or Custodian During a Police Interrogation After State v. Oglesby," see 86 N.C.L. Rev. 1685 (2008). For article, "The Nature of Abuse: Clerical v. Material Error: Where Does North Carolina Stand?," see 32 N.C. Cent. L. Rev. 226 (2010). For article, "The Parentless Child's Right to a Permanent Family," see 46 Wake Forest L. Rev. 1 (2011). For comment, "The Implications of In re L.M.T.: A Call to the North Carolina General Assembly to Reinstate Procedural Safeguards, a Parent's Right to Appeal, and the Importance of a Permanency Planning Order," see 38 Campbell L. Rev. 241 (2016). For article, "In Re R.R.N.: Redefining 'Caretaker' for North Carolina Child Protective Services," see 40 Campbell L. Rev. 265 (2018).