(a) A law enforcement officer who charges a minor with a criminal offense shall notify the minor’s parent or guardian of the charge, as soon as practicable, in person or by telephone. If the minor is taken into custody, the law enforcement officer or the officer’s immediate superior shall notify a parent or guardian in writing that the minor is in custody within 24 hours of the minor’s arrest. If the parent or guardian of the minor cannot be found, then the officer or the officer’s immediate superior shall notify the minor’s next-of-kin of the minor’s arrest as soon as practicable.

(b) The notification provided for by subsection (a) of this section shall not be required if:

(1) The minor is emancipated;

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Terms Used In North Carolina General Statutes 15A-505

  • Arrest: Taking physical custody of a person by lawful authority.
  • 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.
  • in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(2) The minor is not taken into custody and has been charged with a motor vehicle moving violation for which three or fewer points are assessed under N.C. Gen. Stat. § 20-16(c), except an offense involving impaired driving, as defined in N.C. Gen. Stat. § 20-4.01(24a); or

(3) The minor has been charged with a motor vehicle offense that is not a moving violation.

(c) A law enforcement officer who charges a person with a criminal offense that is a felony, except for a criminal offense under Chapter 20 of the N.C. Gen. Stat., shall notify the principal of any school the person attends of the charge as soon as practicable but at least within five days. The notification may be made in person or by telephone. If the person is taken into custody, the law enforcement officer or the officer’s immediate supervisor shall notify the principal of any school the person attends. This notification shall be in writing and shall be made within five days of the person’s arrest. If a principal receives notification under this subsection, a representative from the district attorney’s office shall notify that principal of the final disposition at the trial court level. This notification shall be in writing and shall be made within five days of the disposition. As used in this subsection, the term “school” means any public or private school in the State that is authorized under Chapter 115C of the N.C. Gen. Stat.. (1983, c. 681, s. 1; 1994, Ex. Sess., c. 26, s. 1; 1997-443, s. 8.29(g).)