GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
H 1
HOUSE BILL 853*
Short Title: End Ct. Orders/Est. Local Intake Procedures. |
(Public) |
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Sponsors: |
Representative Mobley (Primary Sponsor). For a complete list of Sponsors, see Bill Information on the NCGA Web Site. |
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Referred to: |
Judiciary. |
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April 7, 2011
A BILL TO BE ENTITLED
AN ACT no longer requiring a court order to establish local intake procedures for receiving delinquency and undisciplined complaints under the laws pertaining to undisciplined and delinquent juveniles and authorizing the department of juvenile justice and delinquency prevention to monitor county detention centers.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 7B-1803(a) reads as rewritten:
"(a) All complaints
concerning a juvenile alleged to be delinquent or undisciplined shall be
referred to the juvenile court counselor for screening and evaluation.
Thereafter, if the juvenile court counselor determines that a petition should
be filed, the petition shall be drawn by the juvenile court counselor or the
clerk, signed by the complainant, and verified before an official authorized to
administer oaths. If the circumstances indicate a need for immediate attachment
of jurisdiction and if the juvenile court counselor is out of the county or
otherwise unavailable to receive a complaint and to draw a petition when it is
needed, the clerk shall assist the complainant in communicating the complaint
to the juvenile court counselor by telephone and, with the approval of the
juvenile court counselor, shall draw a petition and file it when signed and
verified. A copy of the complaint and petition shall be transmitted to the
juvenile court counselor. Procedures for receiving delinquency and
undisciplined complaints and drawing petitions thereon, consistent with this
Article and Article 17 of this Chapter, shall be established by administrative
order of the chief judge in each judicial district."
SECTION 2. G.S. 153A-221.1 reads as rewritten:
"§ 153A-221.1. Standards and inspections.
The legal responsibility of the Secretary of Health and
Human Services and the Social Services CommissionSecretary of Juvenile
Justice and Delinquency Prevention for State services to county juvenile
detention homes under this Article is hereby confirmed and shall include the
following: development of State standards under the prescribed procedures;
inspection; consultation; technical assistance; and training.
The Secretary of Health and Human ServicesSecretary
of Juvenile Justice and Delinquency Prevention shall also develop standards
under which a local jail may be approved as a holdover facility for not more
than five calendar days pending placement in a juvenile detention home which
meets State standards, providing the local jail is so arranged that any child
placed in the holdover facility cannot converse with, see, or be seen by the
adult population of the jail while in the holdover facility. The personnel
responsible for the administration of a jail with an approved holdover facility
shall provide close supervision of any child placed in the holdover facility
for the protection of the child."
SECTION 3. This act is effective when it becomes law.