State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-1706

§ 7B‑1706.  Diversionplans and referral.

(a)        Unless the offenseis one in which a petition is required by G.S. 7B‑1701, upon a finding oflegal sufficiency the juvenile court counselor may divert the juvenile pursuantto a diversion plan, which may include referring the juvenile to any of thefollowing resources:

(1)        An appropriatepublic or private resource;

(2)        Restitution;

(3)        Community service;

(4)        Victim‑offendermediation;

(5)        Regimented physicaltraining;

(6)        Counseling;

(7)        A teen courtprogram, as set forth in subsection (c) of this section.

As part of a diversion plan,the juvenile court counselor may enter into a diversion contract with thejuvenile and the juvenile's parent, guardian, or custodian.

(b)        Unless the offenseis one in which a petition is required by G.S. 7B‑1701, upon a finding oflegal sufficiency the juvenile court counselor may enter into a diversioncontract with the juvenile and the parent, guardian, or custodian; provided, adiversion contract requires the consent of the juvenile and the juvenile'sparent, guardian, or custodian. A diversion contract shall:

(1)        State conditions bywhich the juvenile agrees to abide and any actions the juvenile agrees to take;

(2)        State conditions bywhich the parent, guardian, or custodian agrees to abide and any actions theparent, guardian, or custodian agrees to take;

(3)        Describe the role ofthe juvenile court counselor in relation to the juvenile and the parent,guardian, or custodian;

(4)        Specify the lengthof the contract, which shall not exceed six months;

(5)        Indicate that allparties understand and agree that:

a.         The juvenile'sviolation of the contract may result in the filing of the complaint as apetition; and

b.         The juvenile'ssuccessful completion of the contract shall preclude the filing of a petition.

After a diversion contract issigned by the parties, the juvenile court counselor shall provide copies of thecontract to the juvenile and the juvenile's parent, guardian, or custodian. Thejuvenile court counselor shall notify any agency or other resource from whichthe juvenile or the juvenile's parent, guardian, or custodian will be seekingservices or treatment pursuant to the terms of the contract. At any time duringthe term of the contract if the juvenile court counselor determines that thejuvenile has failed to comply substantially with the terms of the contract, thejuvenile court counselor may file the complaint as a petition. Unless thejuvenile court counselor has filed the complaint as a petition, the juvenilecourt counselor shall close the juvenile's file in regard to the divertedmatter within six months after the date of the contract.

(c)        If a teen courtprogram has been established in the district, the juvenile court counselor,upon a finding of legal sufficiency, may refer to a teen court program, anycase in which a juvenile has allegedly committed an offense that would be aninfraction or misdemeanor if committed by an adult. However, the juvenile courtcounselor shall not refer a case to a teen court program (i) if the juvenilehas been referred to a teen court program previously, or (ii) if the juvenileis alleged to have committed any of the following offenses:

(1)        Driving whileimpaired under G.S. 20‑138.1, 20‑138.2, 20‑138.3, 20‑138.5,or 20‑138.7, or any other motor vehicle violation;

(2)        A Class A1misdemeanor;

(3)        An assault in whicha weapon is used; or

(4)        A controlledsubstance offense under Article 5 of Chapter 90 of the General Statutes, otherthan simple possession of a Schedule VI drug or alcohol.

(d)        The juvenile courtcounselor shall maintain diversion plans and contracts entered into pursuant tothis section to allow juvenile court counselors to determine when a juvenilehas had a complaint diverted previously. Diversion plans and contracts are notpublic records under Chapter 132 of the General Statutes, shall not be includedin the clerk's record pursuant to G.S. 7B‑3000, and shall be withheldfrom public inspection or examination. Diversion plans and contracts shall bedestroyed when the juvenile reaches the age of 18 years or when the juvenile isno longer under the jurisdiction of the court, whichever is longer.

(e)        No later than 60days after the juvenile court counselor diverts a juvenile, the juvenile courtcounselor shall determine whether the juvenile and the juvenile's parent,guardian, or custodian have complied with the terms of the diversion plan orcontract. In making this determination, the juvenile court counselor shallcontact any referral resources to determine whether the juvenile and thejuvenile's parent, guardian, or custodian complied with any recommendations fortreatment or services made by the resource. If the juvenile and the juvenile'sparent, guardian, or custodian have not complied, the juvenile court counselorshall reconsider the decision to divert and may authorize the filing of thecomplaint as a petition within 10 days after making the determination. If thejuvenile court counselor does not file a petition, the juvenile court counselormay continue to monitor the case for up to six months from the date of thediversion plan or contract. At any point during that time period if thejuvenile and the juvenile's parent, guardian, or custodian fail to comply, thejuvenile court counselor shall reconsider the decision to divert and mayauthorize the filing of the complaint as a petition. After six months, thejuvenile court counselor shall close the diversion plan or contract file. (1979, c. 815, s. 1; 1998‑202,s. 6; 2001‑490, s. 2.9.)