State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-224_1

§ 122C‑224.1.  Duties ofclerk of court.

(a)        Within 48 hours ofreceipt of notice that a minor has been admitted to a 24‑hour facilitywherein his freedom of movement will be restricted, an attorney shall beappointed for the minor in accordance with rules adopted by the Office ofIndigent Defense Services. When a minor has been admitted to a State facilityfor the mentally ill, the attorney appointed shall be the attorney employed inaccordance with G.S. 122C‑270(a) through (c). All minors shall be conclusivelypresumed to be indigent, and it shall not be necessary for the court to receivefrom any minor an affidavit of indigency. The attorney shall be paid areasonable fee in accordance with rules adopted by the Office of IndigentDefense Services. The judge may require payment of the attorney's fee from aperson other than the minor as provided in G.S. 7A‑450.1 through G.S. 7A‑450.4.

(b)        Upon receipt ofnotice that a minor has been admitted to a 24‑hour facility wherein hisfreedom of movement will be restricted, the clerk shall calendar a hearing tobe held within 15 days of admission for the purpose of review of the minor'sadmission. Notice of the time and place of the hearing shall be given asprovided in G.S. 1A‑1, Rule 4(j) to the attorney in lieu of the minor, assoon as possible but not later than 72 hours before the scheduled hearing.Notice of the hearing shall be sent to the legally responsible person and theresponsible professional as soon as possible but not later than 72 hours beforethe hearing by first‑class mail postage prepaid to the individual's lastknown address.

(c)        The clerk shallschedule all hearings and rehearings and send all notices as required by thisPart. (1987, c. 370, s. 1; 2000‑144, s. 37.)