State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-1803

§ 7B‑1803.  Receipt ofcomplaints; filing of petition.

(a)        All complaintsconcerning a juvenile alleged to be delinquent or undisciplined shall bereferred to the juvenile court counselor for screening and evaluation.Thereafter, if the juvenile court counselor determines that a petition shouldbe filed, the petition shall be drawn by the juvenile court counselor or theclerk, signed by the complainant, and verified before an official authorized toadminister oaths. If the circumstances indicate a need for immediate attachmentof jurisdiction and if the juvenile court counselor is out of the county orotherwise unavailable to receive a complaint and to draw a petition when it isneeded, the clerk shall assist the complainant in communicating the complaint tothe juvenile court counselor by telephone and, with the approval of thejuvenile court counselor, shall draw a petition and file it when signed andverified. A copy of the complaint and petition shall be transmitted to thejuvenile court counselor. Procedures for receiving delinquency andundisciplined complaints and drawing petitions thereon, consistent with thisArticle and Article 17 of this Chapter, shall be established by administrativeorder of the chief judge in each judicial district.

(b)        If review isrequested pursuant to G.S. 7B‑1704, the prosecutor shall review acomplaint and any decision of the juvenile court counselor not to authorizethat the complaint be filed as a petition. If the prosecutor, after review,authorizes a complaint to be filed as a petition, the prosecutor shall preparethe complaint to be filed by the clerk as a petition, recording the day offiling. (1979,c. 815, s. 1; 1981, c. 469, ss. 10, 11; 1998‑202, s. 6; 2001‑490,s. 2.11.)