North Carolina General Statutes 7B-2503. Dispositional alternatives for undisciplined juveniles
The following alternatives for disposition shall be available to the court exercising jurisdiction over a juvenile who has been adjudicated undisciplined. In placing a juvenile in out-of-home care under this section, the court shall also consider whether it is in the juvenile’s best interest to remain in the juvenile’s community of residence. The court may combine any of the applicable alternatives when the court finds it to be in the best interests of the juvenile:
(1) In the case of any juvenile who needs more adequate care or supervision or who needs placement, the judge may do any of the following:
a. Require that the juvenile be supervised in the juvenile’s own home by a department of social services in the juvenile’s county of residence, a juvenile court counselor, or other personnel as may be available to the court, subject to conditions applicable to the parent, guardian, or custodian or the juvenile as the judge may specify.
b. Place the juvenile in the custody of a parent, guardian, custodian, relative, private agency offering placement services, or some other suitable person.
c. If the director of the department of social services has received notice and an opportunity to be heard, place the juvenile in the custody of a department of social services in the county of the juvenile’s residence, or in the case of a juvenile who has legal residence outside the State, in the physical custody of a department of social services in the county where the juvenile is found so that agency may return the juvenile to the responsible authorities in the juvenile’s home state. An order placing a juvenile in the custody or placement responsibility of a county department of social services shall contain a finding that the juvenile’s continuation in the juvenile’s own home would be contrary to the juvenile’s best interest. This placement shall be reviewed in accordance with N.C. Gen. Stat. § 7B-906.1 A parent who is indigent is entitled to court-appointed counsel for representation in the hearings held pursuant to N.C. Gen. Stat. § 7B-906.1 unless the parent makes a knowing and voluntary waiver of the right to counsel.
Terms Used In North Carolina General Statutes 7B-2503
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
(2) Place the juvenile under the protective supervision of a juvenile court counselor for a period of up to three months, with an extension of an additional three months in the discretion of the court.
(3) Excuse the juvenile from compliance with the compulsory school attendance law when the court finds that suitable alternative plans can be arranged by the family through other community resources for one of the following:
a. An education related to the needs or abilities of the juvenile including vocational education or special education;
b. A suitable plan of supervision or placement; or
c. Some other plan that the court finds to be in the best interests of the juvenile. (1979, c. 815, s. 1; 1981, c. 469, s. 19; 1985, c. 589, s. 5; c. 777, s. 1; 1985 (Reg. Sess., 1986), c. 863, s. 2; 1991, c. 636, s. 19(a); 1995 (Reg. Sess., 1996), c. 609, s. 3; 1997-516, s. 1A; 1998-202, s. 6; 1998-229, s. 6; 2001-208, s. 8; 2001-487, s. 101; 2001-490, s. 2.19; 2002-164, s. 4.10; 2009-311, s. 16; 2013-129, s. 39; 2017-161, s. 12; 2019-33, s. 15(a).)