North Carolina General Statutes 7B-3101. Notification of schools when juveniles are alleged or found to be delinquent
(a) Notwithstanding N.C. Gen. Stat. § 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:
(1) A petition is filed under N.C. Gen. Stat. § 7B-1802 that alleges delinquency for an offense that would be a felony if committed by an adult.
Terms Used In North Carolina General Statutes 7B-3101
- 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
- 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.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- 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) The court transfers jurisdiction over a juvenile to the superior court under N.C. Gen. Stat. § 7B-2200.5 or N.C. Gen. Stat. § 7B-2200
(3) The court dismisses under N.C. Gen. Stat. § 7B-2411 the petition that alleges delinquency for an offense that would be a felony if committed by an adult.
(4) The court issues a dispositional order under Article 25 of Chapter 7B of the N.C. Gen. Stat. 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.
(5) The court modifies or vacates any order or disposition under N.C. Gen. Stat. § 7B-2600 concerning a juvenile alleged or found delinquent for an offense that would be a felony if committed by an adult.
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 N.C. Gen. Stat..
(b) If the principal of the school the juvenile attends returns any notification as required by N.C. Gen. Stat. § 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.
(c) Principals shall handle any notification delivered under this section in accordance with N.C. Gen. Stat. § 115C-404
(d) For the purpose of this section, “school” means any public or private school in the State that is authorized under Chapter 115C of the N.C. Gen. Stat.. (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.)