North Carolina § 7B-1600 - Jurisdiction over undisciplined juveniles.

§ 7B-1600. Jurisdiction over undisciplined juveniles.

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. 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. 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. History (1979, c. 815, s. 1; 1983, c. 837, s. 1; 1985, c. 459, s. 2; 1987, c. 409, s. 2; 1995, c. 328, s. 3; c. 462, s. 2; 1996, 2nd Ex. Sess., c. 18, s. 23.2(c); 1998-202, s. 6.) Establish Juvenile Jurisdiction Advisory Committee. - Session Laws 2017-57, s. 16D.4(kk)-(ss), provides: "(kk) Advisory Committee Established. - There is established within the Division of Adult Correction and Juvenile Justice of the Department of Public Safety the Juvenile Jurisdiction Advisory Committee. The Division of Adult Correction and Juvenile Justice shall provide professional and clerical staff and other services and supplies, including meeting space, as needed for the Advisory Committee to carry out its duties in an effective manner. "( ll ) Membership. - The Advisory Committee shall consist of 21 members. The following members or their designees shall serve as ex officio members: "(1) The Deputy Commissioner for Juvenile Justice of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. "(2) The Director of the Administrative Office of the Courts. "(3) The Director of the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services of the Department of Health and Human Services. "(4) The Superintendent of Public Instruction. "(5) The Juvenile Defender in the Office of Indigent Defense. "(6) The Executive Director of the North Carolina Sentencing and Policy Advisory Commission. "(7) One representative from the Juvenile Justice Planning Committee of the Governor's Crime Commission. "The remaining members shall be appointed as follows: "(8) Two chief court counselors appointed by the Governor, one to be from a rural county and one from an urban county. "(9) One chief district court judge and one superior court judge appointed by the Chief Justice of the North Carolina Supreme Court. "(10) One police chief appointed by the President Pro Tempore of the Senate. "(11) One sheriff appointed by the Speaker of the House of Representatives. "(12) One clerk of superior court appointed by the President Pro Tempore of the Senate. "(13) One district attorney appointed by the Speaker of the House of Representatives. "(14) One assistant district attorney who handles juvenile matters appointed by the Conference of District Attorneys. "(15) One assistant public defender who handles juvenile matters appointed by the North Carolina Association of Public Defenders. "(16) Two representatives from the juvenile advocacy community, one appointed by the President Pro Tempore of the Senate and one appointed by the Speaker of the House of Representatives. "(17) Two representatives from the victim advocacy community, one appointed by the President Pro Tempore of the Senate and one appointed by the Speaker of the House of Representatives. "Appointments to the Advisory Committee shall be made no later than October 1, 2017. A vacancy in the Advisory Committee or a vacancy as chair of the Advisory Committee resulting from the resignation of a member or otherwise shall be filled in the same manner in which the original appointment was made. "(mm) Chair; Meetings. - The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each designate one member to serve as cochair of the Advisory Committee. "The cochairs shall call the initial meeting of the Advisory Committee on or before November 1, 2017. The Advisory Committee shall subsequently meet upon such notice and in such manner as its members determine. A majority of the members of the Advisory Committee shall constitute a quorum. "(oo) Cooperation by Government Agencies. - The Advisory Committee may call upon any department, agency, institution, or officer of the State or any political subdivision thereof for facilities, data, or other assistance. "(pp) Duties of Advisory Committee. - The Advisory Committee shall develop a specific plan for the implementation of any changes in the juvenile justice system that would be required in order to extend jurisdiction in delinquency matters and proceedings to include 16- and 17-year-old persons within the juvenile justice system. The plan shall include cost estimates for each portion of the plan, including capital costs, operating costs, and staffing costs. As the expansion of the jurisdiction of the Division of Juvenile Justice to include persons 16 and 17 years of age who commit crimes or infractions becomes effective pursuant to this act, the Advisory Committee shall monitor and review the implementation of the expansion and shall make additional recommendations to the General Assembly as necessary. "(qq) Consultation. - The Advisory Committee shall consult with appropriate State departments, agencies, and board representatives on issues related to juvenile justice administration. "(rr) Report. - By March 1, 2018, the Advisory Committee shall submit an interim report to the General Assembly with copies to the Joint Legislative Oversight Committee on Justice and Public Safety and to the Appropriations Committees on Justice and Public Safety of both houses containing (i) the specific plan and the cost estimates for capital, operating, and staffing costs for implementation of this section, including legislative, administrative, and funding recommendations necessary to implement the increase in juvenile jurisdiction to include 16- and 17-year-old persons and (ii) cost estimates for capital, operating, and staffing costs if the implementation of this section was staggered based on age. The interim report shall also include its findings and recommendations as to whether the extension of jurisdiction in delinquency matters and proceedings should include juveniles who commit the following offenses: "(1) Habitual misdemeanor assault (G.S. 14-33.2). "(2) Crime against nature (G.S. 14-177). "(3) Obscene literature and exhibitions (G.S. 14-190.1). "(4) Third degree sexual exploitation of a minor (G.S. 14-190.17A). "(5) Solicitation of a child by computer to commit an unlawful sex act (G.S. 14-202.3). "(6) Stalking when court order in effect (G.S. 14-277.3A). "(7) The Class A1 offense of misdemeanor assault on a law enforcement officer. "(8) Assault inflicting serious bodily injury; strangulation (G.S. 14-32.4). "(9) Fraudulently setting fire to dwelling houses (G.S. 14-65). "(10) Any offense requiring registration as a sex offender pursuant to Article 27A of Chapter 14 of the General Statutes. "(11) Any other offense the Committee deems appropriate for exclusion. "The Advisory Committee shall submit additional interim reports with updates on the planning steps completed towards implementation, including any legislative, administrative, and funding recommendations, annually by January 15 of each year. "The Advisory Committee shall submit a final report on the implementation of this section and its findings and recommendations, including legislative, administrative, and funding recommendations, by January 15, 2023, to the General Assembly and the Governor. The Advisory Committee shall terminate on February 1, 2023, or upon the filing of its final report, whichever occurs earlier. "(ss) Funding. - The Advisory Committee may apply for, receive, and accept grants of non-State funds or other contributions as appropriate to assist in the performance of its duties." Editor's Note. - Session Laws 1998-202, s. 37(b), makes this Article effective July 1, 1999, and applicable to acts committed on or after that date. Session Laws 1998-202, s. 36, contains a severability clause. 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. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. Legal Periodicals. - For survey of 1979 family law, see 58 N.C.L. Rev. 1471 (1980). For article, "Juvenile Justice in Transition - A New Juvenile Code for North Carolina," see 16 Wake Forest L. Rev. 1 (1980). For article on the efficacy of a probable cause requirement in juvenile proceedings, see 59 N.C.L. Rev. 723 (1981). For article discussing 1983 amendments to the Federal Rules of Civil Procedure relative to magistrate practice, comparing state court magistrate practice, and making certain suggestions, see 20 Wake Forest L. Rev. 819 (1984). For article, "Re-Imaging Childhood and Reconstructing the Legal Order: the Case for Abolishing the Juvenile Court," see 69 N.C.L. Rev. 1083 (1991).