North Carolina § 7B-3001 - Other records relating to juveniles.

§ 7B-3001. Other records relating to juveniles.

The chief court counselor shall maintain a record of all cases of juveniles under supervision of juvenile court counselors, to be known as the juvenile court counselor's record. The juvenile court counselor's record shall include the juvenile's delinquency record; consultations with law enforcement that did not result in the filing of a complaint; family background information; reports of social, medical, psychiatric, or psychological information concerning a juvenile or the juvenile's family; probation reports; interviews with the juvenile's family; the results of the gang assessment; or other information the court finds should be protected from public inspection in the best interests of the juvenile. To assist at the time of investigation of an incident that could result in the filing of a complaint, upon request, a juvenile court counselor shall share with a law enforcement officer sworn in this State information from the juvenile court counselor's record related to a juvenile's delinquency record or prior consultations with law enforcement. A law enforcement officer may not obtain copies of any part of the record, and all information shared pursuant to this subsection shall be withheld from public inspection as provided in subsection (b) of this section. Unless jurisdiction of the juvenile has been transferred to superior court, all law enforcement records and files concerning a juvenile shall be kept separate from the records and files of adults and shall be withheld from public inspection. The following persons may examine and obtain copies of law enforcement records and files concerning a juvenile without an order of the court: The juvenile or the juvenile's attorney; The juvenile's parent, guardian, custodian, or the authorized representative of the juvenile's parent, guardian, or custodian; The prosecutor; Juvenile court counselors; and Law enforcement officers sworn in this State. All records and files maintained by the Division pursuant to this Chapter shall be withheld from public inspection. The following persons may examine and obtain copies of the Division records and files concerning a juvenile without an order of the court: The juvenile and the juvenile's attorney; The juvenile's parent, guardian, custodian, or the authorized representative of the juvenile's parent, guardian, or custodian; Professionals in the agency who are directly involved in the juvenile's case; and Juvenile court counselors. When the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety is authorized to access a juvenile record pursuant to G.S. 7B-3000(e1), the Division may, at the request of the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice, notify the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice that there is a juvenile record of an adjudication of delinquency for an offense that would be a felony if committed by an adult for a person subject to probation supervision under Article 82 of Chapter 15A of the General Statutes and may notify the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice of the county or counties where the adjudication of delinquency occurred. Otherwise, the records and files may be examined or copied only by order of the court. Otherwise, the records and files may be examined or copied only by order of the court. The court may inspect and order the release of records maintained by the Division. History (1979, c. 815, s. 1; 1987, c. 297; 1994, Ex. Sess., c. 7, s. 1; 1995, c. 462, s. 4; c. 509, s. 5; 1997-459, s. 2; 1998-202, s. 6; 2000-137, s. 3; 2001-490, s. 2.32; 2009-372, s. 2; 2009-545, s. 3; 2011-145, s. 19.1(h), (k), ( l ); 2017-57, s. 16D.4(x), (ii); 2017-186, s. 2(n); 2017-197, s. 5.4; 2018-142, s. 23(b).) Editor's Note. - 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(ii), effective December 1, 2019, and applicable to offenses committed on or after that date. Session Laws 2017-57, s. 16D.4(ii), added "the results of the gang assessment” in the second sentence of subsection (a). 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(x), added "the juvenile's delinquency record; consultations with law enforcement that did not result in the filing of a complaint;” in the second sentence of subsection (a), and added subsection (a1). 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. Effect of Amendments. - Session Laws 2009-372, s. 2, effective December 1, 2009, and applicable to offenses committed on or after that date, added subsection (d). Session Laws 2009-545, s. 3, effective December 1, 2009, inserted "or the juvenile's attorney" at the end of subdivision (b)(1); and substituted "The prosecutor" for "The district attorney or prosecutor" in subdivision (b)(3). Session Laws 2011-145, s. 19.1(h), (k), and 19.1( l ), effective January 1, 2012, substituted "Division of Adult Correction of the Department of Public Safety" for "Department of Correction," "Section of Community Corrections of the Division of Adult Correction" for "Division of Community Corrections," and "Division" for "Department." Session Laws 2017-57, s. 16D.4(x), added "the juvenile's delinquency record; consultations with law enforcement that did not result in the filing of a complaint;" in the second sentence of subsection (a), and added subsection (a1). For effective date and applicability, see editor's note. Session Laws 2017-57, s. 16D.4(ii), added "the results of the gang assessment" in the second sentence of subsection (a). For effective date and applicability, see editor's note. Session Laws 2017-186, s. 2(n), effective December 1, 2017, inserted "and Juvenile Justice" throughout subsection (d). Legal Periodicals. - For 1997 legislative survey, see 20 Campbell L. Rev. 459.