North Carolina § 7B-1800 - Venue.

§ 7B-1800. Venue.

A proceeding in which a juvenile is alleged to be delinquent or undisciplined shall be commenced and adjudicated in the district in which the offense is alleged to have occurred. When a proceeding is commenced in a district other than that of the juvenile's residence, the court shall proceed to adjudication in that district and, if the juvenile is in residential treatment or foster care in that district, the court shall conduct the dispositional hearing in that district as well, unless the judge enters an order, supported by findings of fact, that a transfer would serve the ends of justice or is in the best interests of the juvenile. Except as provided in subsection (a) of this section, after adjudication, the following procedures shall be available to the court: The court may transfer the proceeding to the court in the district where the juvenile resides for disposition. Where the proceeding is not transferred under subdivision (1) of this section, the court shall immediately notify the chief district court judge in the district in which the juvenile resides. If the chief district court judge requests a transfer within five days after receipt of notification, the court shall transfer the proceeding. Where the proceeding is not transferred under subdivision (1) or (2) of this section, the court, upon motion of the juvenile, shall transfer the proceeding to the court in the district where the juvenile resides for disposition. The court shall advise the juvenile of the juvenile's right to transfer under this section. History (1979, c. 815, s. 1; 1998-202, s. 6; 2004-155, s. 1.) 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. Legal Periodicals. - For survey of 1979 family law, see 58 N.C.L. Rev. 1471 (1980). 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).