State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15 > GS_15-155_2

§ 15‑155.2.  Districtattorney to take action on report of aid to dependent child [Work First FamilyAssistance] or illegitimate [out‑of‑wedlock] birth.

(a)        Upon receipt ofsuch reports as are provided for in G.S. 15‑155.1, the district attorneyof superior court may make an investigation to determine whether the mother ofan out‑of‑wedlock child or who is a recipient of Work First FamilyAssistance, has abandoned, is willfully neglecting or is refusing to supportand maintain the child within the meaning of G.S. 14‑326 or 49‑2 oris diverting any part of the funds received as Work First Family Assistance toany purpose other than for the support and maintenance of a child in violationof G.S. 108‑76.1. In making this investigation the district attorney is authorizedto call upon:

(1)        Any county board ofsocial services or the Department of Health and Human Services for personal,clerical or investigative assistance and for access to any records kept byeither such board and relating to the matter under investigation and suchboards are hereby directed to assist in all investigations hereunder and tofurnish all records relating thereto when so requested by the districtattorney;

(2)        The board of countycommissioners of any county within his district for legal or clericalassistance in making any investigation or investigations in such county andsuch boards are hereby authorized to furnish such assistance in theirdiscretion; and

(3)        The districtattorney of any inferior court in his district for personal assistance inmaking any investigation or investigations in the county in which the court islocated and any district attorney so called upon is hereby authorized tofurnish such assistance by and with the consent of the board of countycommissioners of the county in which the court is located, which board shallprovide and fix his compensation for assistance furnished.

(b)        If following theinvestigation the district attorney has reasonable grounds to believe that aviolation of G.S. 49‑2, 14‑326, 108‑76.1 or any othercriminal offense is being or has been committed, he shall send to the grandjury of the county in which he believes the offense is being or has beencommitted a bill of indictment charging the commission of the offense. Sole andexclusive jurisdiction of offenses discovered as a result of investigationsunder this section shall be vested in the superior court notwithstanding anyother provisions of law, whether general, special or local. Provided nothing inthis Article shall be construed to take from the inferior courts any authorityor responsibility now vested in them by existing law or to compel the districtattorney to again prosecute a crime that has been disposed of in the inferiorcourts.

(c)        Repealed by SessionLaws 1985, c. 589, s. 8. (1959, c. 1210, s. 1; 1969, c. 982; 1973, c. 47, s. 2;c. 476, s. 138; 1985, c. 589, s. 8; 1997‑443, ss. 11A.118(a), 12.24.)