Upon a finding of legal sufficiency, except in cases involving nondivertible offenses set out in N.C. Gen. Stat. § 7B-1701(a), the juvenile court counselor shall determine whether a complaint should be filed as a petition, the juvenile diverted pursuant to N.C. Gen. Stat. § 7B-1706, or the case resolved without further action. In making the decision, the counselor shall consider criteria provided by the Department and shall conduct a gang assessment for juveniles who are 12 years of age or older. The intake process shall include the following steps if practicable:

(1) Interviews with the complainant and the victim if someone other than the complainant;

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Terms Used In North Carolina General Statutes 7B-1702

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

(2) Interviews with the juvenile and the juvenile’s parent, guardian, or custodian;

(3) Interviews with persons known to have relevant information about the juvenile or the juvenile’s family.

Interviews required by this section shall be conducted in person unless it is necessary to conduct them by telephone. (1979, c. 815, s. 1; 1981, c. 469, s. 5; 1998-202, s. 6; 2000-137, s. 3; 2001-490, s. 2.5; 2011-145, s. 19.1(l); 2017-57, s. 16D.4(ee); 2017-197, s. 5.4; 2018-142, s. 23(b); 2019-186, s. 3; 2021-123, s. 5(c).)