North Carolina § 7B-1501 - Definitions.

§ 7B-1501. Definitions.

In this Subchapter, unless the context clearly requires otherwise, the following words have the listed meanings. The singular includes the plural, unless otherwise specified: 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 Division of Adult Correction and Juvenile Justice of the Department of Public Safety. Clerk. - Any clerk of superior court, acting clerk, or assistant or deputy clerk. 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. Court. - The district court division of the General Court of Justice. Repealed by Session Laws 2001-490, s. 2.1, effective June 30, 2001. 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. Division. - The Division of Adult Correction and Juvenile Justice of the Department of Public Safety created under Article 12 of Chapter 143B of the General Statutes. 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. 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 school, counseling, work, or other similar specific purposes, provided the juvenile is accompanied in transit by a parent, legal guardian, or other person approved by the juvenile court counselor. Intake. - The process of screening and evaluating a complaint alleging that a juvenile is delinquent or undisciplined to determine whether the complaint should be filed as a petition. 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. Judge. - Any district court judge. Judicial district. - Any district court district as established by G.S. 7A-133. Juvenile. - Except as provided in subdivisions (7) and (27) 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. Repealed by Session Laws 2000, c. 137, s. 2, effective July 20, 2000. Petitioner. - The individual who initiates court action by the filing of a petition or a motion for review alleging the matter for adjudication. 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 youth development center. 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. Prosecutor. - The district attorney or an assistant district attorney. Protective supervision. - The status of a juvenile who has been adjudicated undisciplined and is under the supervision of a juvenile court counselor. Teen court program. - A community resource for the diversion of cases in which a juvenile has allegedly committed certain offenses 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. Repealed by Session Laws 2001-95, s. 1, effective May 18, 2001. 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. Victim. - Any individual or entity against whom a crime or infraction is alleged to have been committed by a juvenile based on reasonable grounds that the alleged facts are true. For purposes of Article 17 of this Chapter, the term may also include a parent, guardian, or custodian of a victim under the age of 18 years of age. Wilderness program. - A rehabilitative residential treatment program in a rural or outdoor setting. 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 (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, ss. 3, 3.2; 1997-443, s. 11A.118(a); 1997-506, s. 30; 1998-202, s. 6; 1998-229, s. 1; 2000-137, s. 2; 2001-95, ss. 1, 2, 5; 2001-487, s. 3; 2001-490, s. 2.1; 2007-168, s. 2; 2009-545, s. 1; 2009-547, s. 1; 2011-145, s. 19.1(l); 2011-183, s. 4; 2017-57, s. 16D.4(a); 2017-186, s. 2(j); 2018-142, s. 23(b); 2019-186, s. 1(a).) Editor's Note. - Subdivision (7a) was amended by 2011-145, s. 19.1( l ) to substitute "Division" for "Department." It has been redesignated as subdivision (10a) at the direction of the Revisor of Statutes to maintain alphabetical order. 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. "(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. See notes under G.S. 115C-238.66 for Session Laws 2016-94, s. 8.21(a)-(h), for full provisions relating to the pilot program in the Hickory Public Schools, the Newton-Conover City Schools, and the Rutherford County Schools 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. 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. 16D.4(a), added the sub-subdivision (7)a. designation; added sub-subdivision (7)b.; and added subdivision (27a). 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 (7)b. by Session Laws 2019-186, s. 1(a), effective December 1, 2019, and applicable to offenses committed on or after that date. Effect of Amendments. - Session Laws 2009-545, s. 1, effective December 1, 2009, substituted "or an assistant district attorney" for "or assistant district attorney assigned by the district attorney to juvenile proceedings" at the end of subdivision (23). Session Laws 2009-547, s. 1, effective December 1, 2009, and applicable to offenses committed on or after that date, substituted "leave for school, counseling, work, or other similar specific purposes, provided the juvenile is accompanied in transit by a parent, legal guardian, or other person approved by the juvenile court counselor" for "leave for specific purposes" at the end of subdivision (12). Session Laws 2011-145, s. 19.1( l ), effective January 1, 2012, in subdivision (10a), substituted "Division of Juvenile Justice of the Department of Public Safety" for "Department of Juvenile Justice and Delinquency Prevention" and "Division" for "Department." Session Laws 2011-183, s. 4, effective June 20, 2011, substituted "Armed Forces" for "armed forces" in subdivision (17). Session Laws 2017-57, s. 16D.4(a), added the sub-subdivision (7)a. designation; added sub-subdivision (7)b.; and added subdivision (27a). For effective date and applicability, see editor's note. Session Laws 2017-186, s. 2(j), effective December 1, 2017, inserted "Adult Correction and" in subdivisions (1) and (10a). Session Laws 2019-186, s. 1(a), substituted "all violations" for "violation" and inserted "under Chapter 20 of the General Statutes" in subdivision (7)(b). For effective date and applicability, see editor's note. Legal Periodicals. - For empirical study, "The Faces Within: An Examination of the Disparate Treatment of Minority Youth Throughout the North Carolina Juvenile Justice System", see 40 Wake Forest L. Rev. 727 (2005). 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, "You're Only as 'Free to Leave' as You Feel: Police Encounters with Juveniles and the Trouble with Differential Standards for Investigatory Stops Under In re I.R.T," see 88 N.C.L. Rev. 1389 (2010). For article, "Casting off the Curse of God: Litigation Versus Legislation and the Educational Rights of Youth in North Carolina's Adult Criminal Justice System," see 91 N.C. L. Rev. 36 (2013).