North Carolina § 7B-1702 - Evaluation.

§ 7B-1702. Evaluation.

Upon a finding of legal sufficiency, except in cases involving nondivertible offenses set out in G.S. 7B-1701, the juvenile court counselor shall determine whether a complaint should be filed as a petition, the juvenile diverted pursuant to G.S. 7B-1706, or the case resolved without further action. In making the decision, the counselor shall consider criteria provided by the Department and shall conduct a gang assessment for juveniles who are 12 years of age or older. The intake process shall include the following steps if practicable: Interviews with the complainant and the victim if someone other than the complainant; Interviews with the juvenile and the juvenile's parent, guardian, or custodian; Interviews with persons known to have relevant information about the juvenile or the juvenile's family. Interviews required by this section shall be conducted in person unless it is necessary to conduct them by telephone. History (1979, c. 815, s. 1; 1981, c. 469, s. 5; 1998-202, s. 6; 2000-137, s. 3; 2001-490, s. 2.5; 2011-145, s. 19.1( l ); 2017-57, s. 16D.4(ee); 2017-197, s. 5.4; 2018-142, s. 23(b); 2019-186, s. 3.) Editor's Note. - Session Laws 2017-57, s. 16D.4(ff), provides: "(ff) The Division of Adult Correction and Juvenile Justice of the Department of Public Safety shall develop a gang assessment instrument to be used in accordance with subsection (ee) of this section. The form shall be developed in consultation with the administrator of the GangNET database maintained by the North Carolina State Highway Patrol, and the Division may also consult with other entities that might provide information relevant to the development of an effective assessment tool." Session Laws 2017-57, s. 16D.4(jj), as amended by Session Laws 2017-197, s. 5.4 made the amendment to this section by Acts 2017-57, s. 16D.4(ee), effective December 1, 2019, and applicable to offenses committed on or after that date. Session Laws 2017-57, s. 16D.4(ee), added "and shall conduct a gang assessment'' at the end of the second sentence of the introductory paragraph. 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. 39.4, 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. Session Laws 2019-186, s. 12, made the amendment of this section by Session Laws 2019-186, s. 3, effective December 1, 2019, and applicable to offenses committed on or after that date. Effect of Amendments. - Session Laws 2011-145, s. 19.1( l ), effective January 1, 2012, substituted "Division" for "Department" in the introductory paragraph. Session Laws 2017-57, s. 16D.4(ee), added "and shall conduct a gang assessment" at the end of the second sentence of the introductory paragraph. For effective date and applicability, see editor's note. Session Laws 2019-186, s. 3, inserted "for juveniles who are 12 years of age or older" in the introductory paragraph. For effective date and applicability, see editor's note. Legal Periodicals. - For survey of 1979 family law, see 58 N.C.L. Rev. 1471 (1980).