North Carolina § 7B-2506 - Dispositional alternatives for delinquent juveniles.

§ 7B-2506. Dispositional alternatives for delinquent juveniles.

The court exercising jurisdiction over a juvenile who has been adjudicated delinquent may use the following alternatives in accordance with the dispositional structure set forth in G.S. 7B-2508: In the case of any juvenile under the age of 18 years who needs more adequate care or supervision or who needs placement, the judge may do any of the following: Require that a juvenile be supervised in the juvenile's own home by the department of social services in the juvenile's county, a juvenile court counselor, or other personnel as may be available to the court, subject to conditions applicable to the parent, guardian, or custodian or the juvenile as the judge may specify. Place the juvenile in the custody of a parent, guardian, custodian, relative, private agency offering placement services, or some other suitable person. If the director of the county department of social services has received notice and an opportunity to be heard, place the juvenile in the custody of the department of social services in the county of the juvenile's residence, or in the case of a juvenile who has legal residence outside the State, in the physical custody of a department of social services in the county where the juvenile is found so that agency may return the juvenile to the responsible authorities in the juvenile's home state. An order placing a juvenile in the custody or placement responsibility of a county department of social services shall contain a finding that the juvenile's continuation in the juvenile's own home would be contrary to the juvenile's best interest. This placement shall be reviewed in accordance with G.S. 7B-906.1. A parent who is indigent is entitled to court-appointed counsel for representation in the hearings held pursuant to G.S. 7B-906.1 unless the parent makes a knowing and voluntary waiver of the right to counsel. Excuse a juvenile under the age of 16 years from compliance with the compulsory school attendance law when the court finds that suitable alternative plans can be arranged by the family through other community resources for one of the following: An education related to the needs or abilities of the juvenile including vocational education or special education; A suitable plan of supervision or placement; or Some other plan that the court finds to be in the best interests of the juvenile. Order the juvenile to cooperate with a community-based program, an intensive substance abuse treatment program, or a residential or nonresidential treatment program. Participation in the programs shall not exceed 12 months. Require restitution, full or partial, up to five hundred dollars ($500.00), payable within a 12-month period to any person who has suffered loss or damage as a result of the offense committed by the juvenile. The court may determine the amount, terms, and conditions of the restitution. If the juvenile participated with another person or persons, all participants should be jointly and severally responsible for the payment of restitution; however, the court shall not require the juvenile to make restitution if the juvenile satisfies the court that the juvenile does not have, and could not reasonably acquire, the means to make restitution. Impose a fine related to the seriousness of the juvenile's offense. If the juvenile has the ability to pay the fine, it shall not exceed the maximum fine for the offense if committed by an adult. Order the juvenile to perform up to 100 hours supervised community service consistent with the juvenile's age, skill, and ability, specifying the nature of the work and the number of hours required. The work shall be related to the seriousness of the juvenile's offense and in no event may the obligation to work exceed 12 months. Order the juvenile to participate in the victim-offender reconciliation program. Place the juvenile on probation under the supervision of a juvenile court counselor, as specified in G.S. 7B-2510. Order that the juvenile shall not be licensed to operate a motor vehicle in the State of North Carolina for as long as the court retains jurisdiction over the juvenile or for any shorter period of time. The clerk of court shall notify the Division of Motor Vehicles of that order. Impose a curfew upon the juvenile. Order that the juvenile not associate with specified persons or be in specified places. Impose confinement on an intermittent basis in an approved detention facility. Confinement shall be limited to not more than five 24-hour periods, the timing and imposition of which is determined by the court in its discretion. Order the juvenile to cooperate with placement in a wilderness program. Order the juvenile to cooperate with placement in a residential treatment facility, an intensive nonresidential treatment program, an intensive substance abuse program, or in a group home other than a multipurpose group home operated by a State agency. Place the juvenile on intensive probation under the supervision of a juvenile court counselor. Order the juvenile to cooperate with a supervised day program requiring the juvenile to be present at a specified place for all or part of every day or of certain days. In determining whether to order a juvenile to a particular supervised day program, the court shall consider the structure and operations of the program and whether that program will meet the needs of the juvenile. The court also may require the juvenile to comply with any other reasonable conditions specified in the dispositional order that are designed to facilitate supervision. Order the juvenile to participate in a regimented training program. Order the juvenile to submit to house arrest. Suspend imposition of a more severe, statutorily permissible disposition with the provision that the juvenile meet certain conditions agreed to by the juvenile and specified in the dispositional order. The conditions shall not exceed the allowable dispositions for the level under which disposition is being imposed. Order that the juvenile be confined in an approved juvenile detention facility for a term of up to 14 24-hour periods, which confinement shall not be imposed consecutively with intermittent confinement pursuant to subdivision (12) of this section at the same dispositional hearing. The timing and imposition of this confinement shall be determined by the court in its discretion. Order the residential placement of a juvenile in a multipurpose group home operated by a State agency. Require restitution of more than five hundred dollars ($500.00), full or partial, payable within a 12-month period to any person who has suffered loss or damage as a result of an offense committed by the juvenile. The court may determine the amount, terms, and conditions of restitution. If the juvenile participated with another person or persons, all participants should be jointly and severally responsible for the payment of the restitution; however, the court shall not require the juvenile to make restitution if the juvenile satisfies the court that the juvenile does not have, and could not reasonably acquire, the means to make restitution. Order the juvenile to perform up to 200 hours supervised community service consistent with the juvenile's age, skill, and ability, specifying the nature of work and the number of hours required. The work shall be related to the seriousness of the juvenile's offense. Commit the juvenile to the Division for placement in a youth development center in accordance with G.S. 7B-2513 for a period of not less than six months. History (1979, c. 815, s. 1; 1981, c. 469, ss. 19, 20; 1985, c. 589, s. 5; c. 777, s. 1; 1985 (Reg. Sess., 1986), c. 863, s. 2; 1991, c. 353, s. 1; 636, s. 19(a); 1991 (Reg. Sess., 1992), c. 1030, s. 4; 1993, c. 369, s. 1; c. 462, s. 1; 1995 (Reg. Sess., 1996), c. 609, s. 3; 1997-516, s. 1A; 1998-202, s. 6; 1998-229, s. 6; 1999-444, s. 1; 2000-137, s. 3; 2001-95, s. 5; 2001-179, s. 2; 2001-208, s. 9; 2001-487, s. 101; 2001-490, s. 2.22; 2009-311, s. 17; 2011-145, s. 19.1( l ); 2013-129, s. 40; 2015-58, s. 3.2; 2017-57, s. 16D.4(g); 2017-161, s. 13; 2018-142, s. 23(b); 2019-33, s. 15(b).) Editor's Note. - The references in subdivisions (8) and (24) to G.S. 7B-2510 and 7B-2513 were substituted for G.S. 7B-2509 and 7B-2512, respectively, following their recodification at the direction of the Revisor of Statutes. Session Laws 2013-129, s. 41, made the amendment to sub-subdivision (1)c by Session Laws 2013-129, s. 40, applicable to actions filed or pending on or after October 1, 2013. Session Laws 2015-58, s. 4, made the insertion of "and imposition" in subdivisions (12) and (20) of this section by Session Laws 2015-58, s. 3.2, applicable to offenses committed on or after December 1, 2015. 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(g), inserted "under the age of 18 years” in the introductory paragraph of subdivision (1); and substituted "a juvenile under the age of 16 years” for "the juvenile” at the beginning of subdivision (2). 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. Effect of Amendments. - Session Laws 2009-311, s. 17, effective October 1, 2009, added "If the director of the county department of social services has received notice and an opportunity to be heard," at the beginning of subdivision (1)c. Session Laws 2011-145, s. 19.1( l ), effective January 1, 2012, substituted "Division" for "Department" in subdivision (24). Session Laws 2013-129, s. 40, effective October 1, 2013, substituted "G.S. 7B-906.1" for "G.S. 7B-906" in the third sentence of sub-subdivision (1)c. For applicability, see editor's note. Session Laws 2015-58, s. 3.2, effective December 1, 2015, inserted "and imposition" following "timing" in the second sentence of subdivisions (12) and (20). For applicability, see editor's note. Session Laws 2017-57, s. 16D.4(g), inserted "under the age of 18 years" in the introductory paragraph of subdivision (1); and substituted "a juvenile under the age of 16 years" for "the juvenile" at the beginning of subdivision (2). For effective date and applicability, see editor's note. Session Laws 2017-161, s. 13, effective October 1, 2017, in subdivision (1)c substituted "the juvenile's residence" for "his residence" in the first sentence, and deleted "The director may, unless otherwise ordered by the judge, arrange for, provide, or consent to, needed routine or emergency medical or surgical care or treatment. In the case where the parent is unknown, unavailable, or unable to act on behalf of the juvenile or juveniles, the director may, unless otherwise ordered by the judge, arrange for, provide or consent to any psychiatric, psychological, educational, or other remedial evaluations or treatment for the juvenile placed by a judge or the judge's designee in the custody or physical custody of a county department of social services under the authority of this or any other Chapter of the General Statutes. Prior to exercising this authority, the director shall make reasonable efforts to obtain consent from a parent, guardian, or custodian of the affected juvenile. If the director cannot obtain consent, the director shall promptly notify the parent, guardian, or custodian that care or treatment has been provided and shall give the parent, guardian, or custodian frequent status reports on the circumstances of the juvenile. Upon request of a parent, guardian, or custodian of the affected juvenile, the results or records of the aforementioned evaluations, findings, or treatment shall be made available to the parent, guardian, or custodian by the director unless prohibited by G.S. 122C-53(d)." at the end. Session Laws 2019-33, s. 15(b), effective October 1, 2019, in subdivision (1), added "do any of the following" to the introductory paragraph, added the last sentence of sub-subdivision (1)c., and made stylistic changes. Session Laws 2019-33, s. 15(b), made identical changes in both versions of subdivision (1), but only the version effective December 1, 2019, is set out here. Legal Periodicals. - For note on the indigent parent's right to have counsel furnished by State in parental status termination proceedings, see 17 Wake Forest L. Rev. 961 (1981). For note on community-based care for juvenile offenders, see 18 Wake Forest L. Rev. 610 (1982). For article, "Coercive Governmental Intervention and the Family: A Comment on North Carolina's Proposed Standards," see 7 Campbell L. Rev. 145 (1984). For comment, "The Child Abuse Amendments of 1984: Congress Is Calling North Carolina to Respond to the Baby Doe Dilemma," 20 Wake Forest L. Rev. 975 (1984). For 1984 survey, "Termination of Parental Rights: Putting Love in Its Place," see 63 N.C.L. Rev. 1177 (1985). For article, "Mental Health Care for Children: Before and During State Custody," see 13 Campbell L. Rev. 1 (1990). For article, "Casting off the Curse of God n1: 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). For article, "Implementing De-Incarceration Strategies: Policies and Practices to Reduce Crime and Mass Incarceration: Race and Reform: A Missed Opportunity for Meaningful Impact and Potential Remedies," see 51 Wake Forest L. Rev. 545 (2016).