State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-101

§ 7B‑101.  Definitions.

As used in this Subchapter,unless the context clearly requires otherwise, the following words have thelisted meanings:

(1)        Abused juveniles. – Anyjuvenile less than 18 years of age whose parent, guardian, custodian, orcaretaker:

a.         Inflicts or allowsto be inflicted upon the juvenile a serious physical injury by other thanaccidental means;

b.         Creates or allows tobe created a substantial risk of serious physical injury to the juvenile byother than accidental means;

c.         Uses or allows to beused upon the juvenile cruel or grossly inappropriate procedures or cruel orgrossly inappropriate devices to modify behavior;

d.         Commits, permits, orencourages the commission of a violation of the following laws by, with, orupon the juvenile: first‑degree rape, as provided in G.S. 14‑27.2;rape of a child by an adult offender, as provided in G.S. 14‑27.2A;second degree rape as provided in G.S. 14‑27.3; first‑degree sexualoffense, as provided in G.S. 14‑27.4; sexual offense with a child by anadult offender, as provided in G.S. 14‑27.4A; second degree sexualoffense, as provided in G.S. 14‑27.5; sexual act by a custodian, asprovided in G.S. 14‑27.7; crime against nature, as provided in G.S. 14‑177;incest, as provided in G.S. 14‑178; preparation of obscene photographs,slides, or motion pictures of the juvenile, as provided in G.S. 14‑190.5;employing or permitting the juvenile to assist in a violation of the obscenitylaws as provided in G.S. 14‑190.6; dissemination of obscene material tothe juvenile as provided in G.S. 14‑190.7 and G.S. 14‑190.8;displaying or disseminating material harmful to the juvenile as provided inG.S. 14‑190.14 and G.S. 14‑190.15; first and second degree sexualexploitation of the juvenile as provided in G.S. 14‑190.16 and G.S. 14‑190.17;promoting the prostitution of the juvenile as provided in G.S. 14‑190.18;and taking indecent liberties with the juvenile, as provided in G.S. 14‑202.1;

e.         Creates or allows tobe created serious emotional damage to the juvenile; serious emotional damageis evidenced by a juvenile's severe anxiety, depression, withdrawal, oraggressive behavior toward himself or others; or

f.          Encourages,directs, or approves of delinquent acts involving moral turpitude committed bythe juvenile.

(2)        Aggravatedcircumstances. – Any circumstance attending to the commission of an act ofabuse or neglect which increases its enormity or adds to its injuriousconsequences, including, but not limited to, abandonment, torture, chronicabuse, or sexual abuse.

(3)        Caretaker. – Anyperson other than a parent, guardian, or custodian who has responsibility forthe health and welfare of a juvenile in a residential setting. A personresponsible for a juvenile's health and welfare means a stepparent, fosterparent, an adult member of the juvenile's household, an adult relativeentrusted with the juvenile's care, any person such as a house parent orcottage parent who has primary responsibility for supervising a juvenile'shealth and welfare in a residential child care facility or residentialeducational facility, or any employee or volunteer of a division, institution,or school operated by the Department of Health and Human Services."Caretaker" also means any person who has the responsibility for thecare of a juvenile in a child care facility as defined in Article 7 of Chapter110 of the General Statutes and includes any person who has the approval of thecare provider to assume responsibility for the juveniles under the care of thecare provider. Nothing in this subdivision shall be construed to impose a legalduty of support under Chapter 50 or Chapter 110 of the General Statutes. Theduty imposed upon a caretaker as defined in this subdivision shall be for thepurpose of this Subchapter only.

(4)        Clerk. – Any clerk ofsuperior court, acting clerk, or assistant or deputy clerk.

(5)        Community‑basedprogram. – A program providing nonresidential or residential treatment to ajuvenile in the community where the juvenile's family lives. A community‑basedprogram may include specialized foster care, family counseling, shelter care,and other appropriate treatment.

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

(7)        Court of competentjurisdiction. – A court having the power and authority of law to act at thetime of acting over the subject matter of the cause.

(7a)      Criminal history. – Alocal, State, or federal criminal history of conviction or pending indictmentof a crime, whether a misdemeanor or a felony, involving violence against aperson.

(8)        Custodian. – Theperson or agency that has been awarded legal custody of a juvenile by a courtor a person, other than parents or legal guardian, who has assumed the statusand obligation of a parent without being awarded the legal custody of ajuvenile by a court.

(9)        Dependent juvenile.– A juvenile in need of assistance or placement because the juvenile has noparent, guardian, or custodian responsible for the juvenile's care orsupervision or whose parent, guardian, or custodian is unable to provide forthe care or supervision and lacks an appropriate alternative child carearrangement.

(10)      Director. – Thedirector of the county department of social services in the county in which thejuvenile resides or is found, or the director's representative as authorized inG.S. 108A‑14.

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

(11a)    Family assessmentresponse. – A response to selected reports of child neglect and dependency asdetermined by the Director using a family‑centered approach that isprotection and prevention oriented and that evaluates the strengths and needsof the juvenile's family, as well as the condition of the juvenile.

(11b)    Investigativeassessment response. – A response to reports of child abuse and selected reportsof child neglect and dependency as determined by the Director using a formalinformation gathering process to determine whether a juvenile is abused,neglected, or dependent.

(12)      Judge. – Any districtcourt judge.

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

(14)      Juvenile. – A personwho has not reached the person's eighteenth birthday and is not married,emancipated, or a member of the armed forces of the United States.

(15)      Neglected juvenile. –A juvenile who does not receive proper care, supervision, or discipline fromthe juvenile's parent, guardian, custodian, or caretaker; or who has beenabandoned; or who is not provided necessary medical care; or who is notprovided necessary remedial care; or who lives in an environment injurious tothe juvenile's welfare; or who has been placed for care or adoption inviolation of law. In determining whether a juvenile is a neglected juvenile, itis relevant whether that juvenile lives in a home where another juvenile hasdied as a result of suspected abuse or neglect or lives in a home where anotherjuvenile has been subjected to abuse or neglect by an adult who regularly livesin the home.

(16)      Petitioner. – Theindividual who initiates court action, whether by the filing of a petition orof a motion for review alleging the matter for adjudication.

(17)      Prosecutor. – Thedistrict attorney or assistant district attorney assigned by the districtattorney to juvenile proceedings.

(18)      Reasonable efforts. –The diligent use of preventive or reunification services by a department ofsocial services when a juvenile's remaining at home or returning home isconsistent with achieving a safe, permanent home for the juvenile within areasonable period of time. If a court of competent jurisdiction determines thatthe juvenile is not to be returned home, then reasonable efforts means thediligent and timely use of permanency planning services by a department ofsocial services to develop and implement a permanent plan for the juvenile.

(18a)    Responsibleindividual. – An individual identified by the director as the person who isresponsible for rendering a juvenile abused or seriously neglected.

(19)      Safe home. – A homein which the juvenile is not at substantial risk of physical or emotional abuseor neglect.

(20)      Shelter care. – Thetemporary care of a juvenile in a physically unrestricting facility pendingcourt disposition.

(21)      Substantial evidence.– Relevant evidence a reasonable mind would accept as adequate to support aconclusion.

(22)      Working day. – Anyday other than a Saturday, Sunday, or a legal holiday when the courthouse isclosed for transactions.

The singular includes theplural, the masculine singular includes the feminine singular and masculine andfeminine plural unless otherwise specified.  (1979, c. 815, s. 1; 1981, c. 336; c. 359, s. 2; c.469, ss. 1‑3; c. 716, s. 1; 1985, c. 648; c. 757, s. 156(q); 1985 (Reg.Sess., 1986), c. 852, s. 16; 1987, c. 162; c. 695; 1987 (Reg. Sess., 1988), c.1037, ss. 36, 37; 1989 (Reg. Sess., 1990), c. 815, s. 1; 1991, c. 258, s. 3; c.273, s. 11; 1991 (Reg. Sess., 1992), c. 1030, s. 3; 1993, c. 324, s. 1; c. 516,ss. 1‑3; 1997‑113, s. 1; 1997‑390, s. 3; 1997‑390, s.3.2; 1997‑443, s. 11A.118(a); 1997‑506, s. 30; 1998‑202, s.6; 1998‑229, ss. 1, 18; 1999‑190, s. 1; 1999‑318, s. 1; 1999‑456,s. 60; 2005‑55, s. 1; 2005‑399, s. 1; 2009‑38, s. 1.)