State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-1800

Article 18.

Venue; Petition; Summons.

§ 7B‑1800.  Venue.

(a)        A proceeding inwhich a juvenile is alleged to be delinquent or undisciplined shall becommenced and adjudicated in the district in which the offense is alleged tohave occurred. When a proceeding is commenced in a district other than that ofthe juvenile's residence, the court shall proceed to adjudication in thatdistrict and, if the juvenile is in residential treatment or foster care inthat district, the court shall conduct the dispositional hearing in thatdistrict as well, unless the judge enters an order, supported by findings offact, that a transfer would serve the ends of justice or is in the bestinterests of the juvenile.

(b)        Except as providedin subsection (a) of this section, after adjudication, the following proceduresshall be available to the court:

(1)        The court maytransfer the proceeding to the court in the district where the juvenile residesfor disposition.

(2)        Where the proceedingis not transferred under subdivision (1) of this section, the court shallimmediately notify the chief district court judge in the district in which thejuvenile resides. If the chief district court judge requests a transfer withinfive days after receipt of notification, the court shall transfer theproceeding.

(3)        Where the proceedingis not transferred under subdivision (1) or (2) of this section, the court,upon motion of the juvenile, shall transfer the proceeding to the court in thedistrict where the juvenile resides for disposition. The court shall advise thejuvenile of the juvenile's right to transfer under this section. (1979, c. 815, s. 1; 1998‑202,s. 6; 2004‑155, s. 1.)