State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_143B > GS_143B-515

Part 2. General Provisions.

§ 143B‑515. Definitions.

In this Article, unless thecontext clearly requires otherwise, the following words have the listedmeanings:

(1)        Chief courtcounselor. – The person responsible for administration and supervision of juvenileintake, probation, and post‑release supervision in each judicialdistrict, operating under the supervision of the Department of Juvenile Justiceand Delinquency Prevention.

(2)        Community‑basedprogram. – A program providing nonresidential or residential treatment to ajuvenile under the jurisdiction of the juvenile court in the community wherethe juvenile's family lives. A community‑based program may includespecialized foster care, family counseling, shelter care, and other appropriatetreatment.

(3)        County Councils. – JuvenileCrime Prevention Councils created under G.S. 143B‑544.

(4)        Court. – Thedistrict court division of the General Court of Justice.

(5)        Repealed by SessionLaws 2001‑490, s. 2.39, effective June 30, 2001.

(6)        Custodian. – The personor agency that has been awarded legal custody of a juvenile by a court.

(7)        Delinquent juvenile.– Any juvenile who, while less than 16 years of age but at least 6 years ofage, commits a crime or infraction under State law or under an ordinance of localgovernment, including violation of the motor vehicle laws.

(8)        Department. – TheDepartment of Juvenile Justice and Delinquency Prevention.

(9)        Detention. – Thesecure confinement of a juvenile under a court order.

(10)      Detention facility. –A facility approved to provide secure confinement and care for juveniles.Detention facilities include both State and locally administered detentionhomes, centers, and facilities.

(11)      District. – Anydistrict court district as established by G.S. 7A‑133.

(12)      Judge. – Any districtcourt judge.

(13)      Judicial district. – Anydistrict court district as established by G.S. 7A‑133.

(14)      Juvenile. – Except asprovided in subdivisions (7) and (22) of this section, any person who has notreached the person's eighteenth birthday and is not married, emancipated, or amember of the armed forces of the United States. Wherever the term"juvenile" is used with reference to rights and privileges, that termencompasses the attorney for the juvenile as well.

(15)      Juvenile court. – Anydistrict court exercising jurisdiction under this Chapter.

(15a)    Juvenile courtcounselor. – A person responsible for intake services and court supervisionservices to juveniles under the supervision of the chief court counselor.

(16)      Post‑releasesupervision. – The supervision of a juvenile who has been returned to thecommunity after having been committed to the Department for placement in atraining school.

(17)      Probation. – Thestatus of a juvenile who has been adjudicated delinquent, is subject to specifiedconditions under the supervision of a juvenile court counselor, and may bereturned to the court for violation of those conditions during the period ofprobation.

(18)      Protectivesupervision. – The status of a juvenile who has been adjudicated undisciplinedand is under the supervision of a juvenile court counselor.

(19)      Secretary. – TheSecretary of Juvenile Justice and Delinquency Prevention.

(20)      Repealed by SessionLaws 2008‑118, s. 3.12(b), effective July 1, 2008.

(21)      Repealed by SessionLaws 2001‑95, s. 3, effective May 18, 2001.

(22)      Undisciplinedjuvenile. –

a.         A juvenile who,while less than 16 years of age but at least 6 years of age, is unlawfullyabsent from school; or is regularly disobedient to and beyond the disciplinarycontrol of the juvenile's parent, guardian, or custodian; or is regularly foundin places where it is unlawful for a juvenile to be; or has run away from homefor a period of more than 24 hours; or

b.         A juvenile who is 16or 17 years of age and who is regularly disobedient to and beyond thedisciplinary control of the juvenile's parent, guardian, or custodian; or isregularly found in places where it is unlawful for a juvenile to be; or has runaway from home for a period of more than 24 hours.

(23)      Youth development center.– A secure residential facility authorized to provide long‑termtreatment, education, and rehabilitative services for delinquent juvenilescommitted by the court to the Department.  (1998‑202, ss. 1(b), 2(a); 2000‑137, s.1(b); 2001‑95, ss. 3, 4; 2001‑490, s. 2.39; 2008‑118, s.3.12(b).)