State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-1501

§ 7B‑1501.  Definitions.

In this Subchapter, unless thecontext clearly requires otherwise, the following words have the listedmeanings. The singular includes the plural, unless otherwise specified.

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

(2)        Clerk. – Any clerkof superior court, acting clerk, or assistant or deputy clerk.

(3)        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.

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

(5)        Repealed by SessionLaws 2001‑490, s. 2.1, effective June 30, 2001.

(6)        Custodian. – Theperson or 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 oflocal government, including violation of the motor vehicle laws, or who commitsindirect contempt by a juvenile as defined in G.S. 5A‑31.

(7a)      Department. – TheDepartment of Juvenile Justice and Delinquency Prevention created under Article12 of Chapter 143B of the General Statutes.

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

(9)        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.

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

(11)      Holdover facility. – Aplace in a jail which has been approved by the Department of Health and HumanServices as meeting the State standards for detention as required in G.S. 153A‑221providing close supervision where the juvenile cannot converse with, see, or beseen by the adult population.

(12)      House arrest. – Arequirement that the juvenile remain at the juvenile's residence unless thecourt or the juvenile court counselor authorizes the juvenile to leave forschool, counseling, work, or other similar specific purposes, provided thejuvenile is accompanied in transit by a parent, legal guardian, or other personapproved by the juvenile court counselor.

(13)      Intake. – The processof screening and evaluating a complaint alleging that a juvenile is delinquentor undisciplined to determine whether the complaint should be filed as apetition.

(14)      Interstate Compact onJuveniles. – An agreement ratified by 50 states and the District of Columbiaproviding a formal means of returning a juvenile, who is an absconder, escapee,or runaway, to the juvenile's home state, and codified in Article 28 of thisChapter.

(15)      Judge. – Any districtcourt judge.

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

(17)      Juvenile. – Except asprovided in subdivisions (7) and (27) 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.

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

(18a)    Juvenile courtcounselor. – A person responsible for intake services and court supervisionservices to juveniles under the supervision of the chief court counselor.

(19)      Repealed by SessionLaws 2000, c. 137, s. 2, effective July 20, 2000.

(20)      Petitioner. – Theindividual who initiates court action by the filing of a petition or a motionfor review alleging the matter for adjudication.

(21)      Post‑releasesupervision. – The supervision of a juvenile who has been returned to thecommunity after having been committed to the Department for placement in ayouth development center.

(22)      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.

(23)      Prosecutor. – Thedistrict attorney or an assistant district attorney.

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

(25)      Teen court program. –A community resource for the diversion of cases in which a juvenile hasallegedly committed certain offenses for hearing by a jury of the juvenile'speers, which may assign the juvenile to counseling, restitution, curfews,community service, or other rehabilitative measures.

(26)      Repealed by SessionLaws 2001‑95, s. 1, effective May 18, 2001.

(27)      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.

(28)      Wilderness program. –A rehabilitative residential treatment program in a rural or outdoor setting.

(29)      Youth developmentcenter. – A secure residential facility authorized to provide long‑termtreatment, education, and rehabilitative services for delinquent juvenilescommitted by the court to the Department.  (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, ss. 3, 3.2; 1997‑443,s. 11A.118(a); 1997‑506, s. 30; 1998‑202, s. 6; 1998‑229, s.1; 2000‑137, s. 2; 2001‑95, ss. 1, 2, 5; 2001‑487, s. 3; 2001‑490,s. 2.1; 2007‑168, s. 2; 2009‑545, s. 1; 2009‑547, s. 1.)