North Carolina § 7B-3101 - Notification of schools when juveniles are alleged or found to be delinquent.

§ 7B-3101. Notification of schools when juveniles are alleged or found to be delinquent.

Notwithstanding G.S. 7B-3000, the juvenile court counselor shall deliver verbal and written notification of any of the following actions to the principal of the school that the juvenile attends: A petition is filed under G.S. 7B-1802 that alleges delinquency for an offense that would be a felony if committed by an adult. The court transfers jurisdiction over a juvenile to the superior court under G.S. 7B-2200.5 or G.S. 7B-2200. The court dismisses under G.S. 7B-2411 the petition that alleges delinquency for an offense that would be a felony if committed by an adult. The court issues a dispositional order under Article 25 of Chapter 7B of the General Statutes including, but not limited to, an order of probation that requires school attendance, concerning a juvenile alleged or found delinquent for an offense that would be a felony if committed by an adult. The court modifies or vacates any order or disposition under G.S. 7B-2600 concerning a juvenile alleged or found delinquent for an offense that would be a felony if committed by an adult. If the principal of the school the juvenile attends returns any notification as required by G.S. 115C-404, and if the juvenile court counselor learns that the juvenile is transferring to another school, the juvenile court counselor shall deliver the notification to the principal of the school to which the juvenile is transferring. Delivery shall be made as soon as practicable and shall be made in person or by certified mail. Principals shall handle any notification delivered under this section in accordance with G.S. 115C-404. For the purpose of this section, "school" means any public or private school in the State that is authorized under Chapter 115C of the General Statutes. Notification of the school principal in person or by telephone shall be made before the beginning of the next school day. Delivery shall be made as soon as practicable but at least within five days of the action. Delivery shall be made in person or by certified mail. Notification that a petition has been filed shall describe the nature of the offense. Notification of a dispositional order, a modified or vacated order, or a transfer to superior court shall describe the court's action and any applicable disposition requirements. As used in this subsection, the term "offense" does not include any offense under Chapter 20 of the General Statutes. History (1997-443, s. 8.29(e); 1998-202, s. 6; 2017-57, s. 16D.4( l ); 2018-142, s. 23(b); 2019-177, s. 2.) Editor's Note. - The bracketed word "[the]" was inserted in subdivision (a)(2) at the direction of the Revisor of Statutes. 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( l ), inserted "G.S. 7B-2200.5 or” in subdivision (a) (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 2017-57, s. 16D.4( l ), inserted "G.S. 7B-2200.5 or" in subdivision (a)(2). For effective date and applicability, see editor's note. Session Laws 2019-177, s. 2, effective July 26, 2019, in subsection (a), inserted "any of" preceding "the following actions" in the introductory paragraph, inserted "the" preceding "Superior court" in subdivision (2), and substituted "does not include" for "shall not include" in the last paragraph. Legal Periodicals. - For 1997 legislative survey, see 20 Campbell L. Rev. 459.