North Carolina § 7B-1701 - Preliminary inquiry.

§ 7B-1701. Preliminary inquiry.

When a complaint is received, the juvenile court counselor shall make a preliminary determination as to whether the juvenile is within the jurisdiction of the court as a delinquent or undisciplined juvenile. If the juvenile court counselor finds that the facts contained in the complaint do not state a case within the jurisdiction of the court, that legal sufficiency has not been established, or that the matters alleged are frivolous, the juvenile court counselor, without further inquiry, shall refuse authorization to file the complaint as a petition. If a complaint against the juvenile has not been previously received, as determined by the juvenile court counselor, the juvenile court counselor shall make reasonable efforts to meet with the juvenile and the juvenile's parent, guardian, or custodian if the offense is divertable. When requested by the juvenile court counselor, the prosecutor shall assist in determining the sufficiency of evidence as it affects the quantum of proof and the elements of offenses. The juvenile court counselor, without further inquiry, shall authorize the complaint to be filed as a petition if the juvenile court counselor finds reasonable grounds to believe that the juvenile has committed one of the following nondivertible offenses: Murder; First-degree rape or second degree rape; First-degree sexual offense or second degree sexual offense; Arson; Any violation of Article 5, Chapter 90 of the General Statutes that would constitute a felony if committed by an adult; First degree burglary; Crime against nature; or Any felony which involves the willful infliction of serious bodily injury upon another or which was committed by use of a deadly weapon. History (1979, c. 815, s. 1; 1983, c. 251, s. 1; 1998-202, s. 6; 2001-490, s. 2.4; 2015-58, s. 2.1.) Editor's Note. - Session Laws 2015-58, s. 4, made the second paragraph, as added by Session Laws 2015-58, s. 2.1, applicable to offenses committed on or after December 1, 2015. Effect of Amendments. - Session Laws 2015-58, s. 2.1, effective December 1, 2015, inserted the second paragraph. For applicability, see editor's note. Legal Periodicals. - For survey of 1979 family law, see 58 N.C.L. Rev. 1471 (1980). For article on the efficacy of a probable cause requirement in juvenile proceedings, see 59 N.C.L. Rev. 723 (1981). 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).