North Carolina § 7B-404 - Immediate need for petition when clerk's office is closed.

§ 7B-404. Immediate need for petition when clerk's office is closed.

When the office of the clerk is closed, a magistrate shall accept for filing the following: A petition alleging a juvenile to be abused, neglected, or dependent. A petition alleging the obstruction of or interference with an assessment required by G.S. 7B-302. The authority of the magistrate under this section is limited to emergency situations when a petition must be filed to obtain a nonsecure custody order or an order under G.S. 7B-303. Any petition accepted for filing under this section shall be delivered to the clerk's office for processing as soon as that office is open for business. History (1979, c. 815, s. 1; 1987, c. 409, s. 3; 1998-202, s. 6; 1999-456, s. 60; 2005-55, s. 10; 2017-161, s. 2.) Effect of Amendments. - Session Laws 2017-161, s. 2, effective October 1, 2017, substituted "shall accept for filing the following:" for "may be authorized by the chief district court judge to draw, verify, and issue petitions as follows:" in subsection (a); in the beginning of subdivisions (a)(1) and (a)(2) deleted " When the director of the department of social services requests" and made related stylistic changes; and, in subsection (b), substituted "must be filed" for "is required in order" in the first sentence, and substituted "accepted for filing" for "issued" in the second sentence.