State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-1805

§ 7B‑1805.  Issuance ofsummons.

(a)        Immediately after apetition has been filed alleging that a juvenile is undisciplined ordelinquent, the clerk shall issue a summons to the juvenile and to the parent,guardian, or custodian requiring them to appear for a hearing at the time andplace stated in the summons. A copy of the petition shall be attached to eachsummons.

(b)        A summons shall beon a printed form supplied by the Administrative Office of the Courts and shallinclude:

(1)        Notice of the natureof the proceeding and the purpose of the hearing scheduled on the summons.

(2)        Notice of any rightto counsel and information about how to seek the appointment of counsel priorto a hearing.

(3)        Notice that, if thecourt determines at the adjudicatory hearing that the allegations of thepetition are true, the court will conduct a dispositional hearing and will havejurisdiction to enter orders affecting substantial rights of the juvenile andof the parent, guardian, or custodian, including orders that:

a.         Affect thejuvenile's custody;

b.         Impose conditions onthe juvenile;

c.         Require that thejuvenile receive medical, psychiatric, psychological, or other treatment andthat the parent participate in the treatment;

d.         Require the parentto undergo psychiatric, psychological, or other treatment or counseling;

e.         Order the parent topay for treatment that is ordered for the juvenile or the parent; and

f.          Order the parent topay support for the juvenile for any period the juvenile does not reside withthe parent or to pay attorneys' fees or other fees or expenses as ordered bythe court.

(4)        Notice that theparent, guardian, or custodian shall be required to attend scheduled hearingsand that failure without reasonable cause to attend may result in proceedingsfor contempt of court.

(5)        Notice that theparent, guardian, or custodian shall be responsible for bringing the juvenilebefore the court at any hearing the juvenile is required to attend and thatfailure without reasonable cause to bring the juvenile before the court mayresult in proceedings for contempt of court.

(c)        The summons shalladvise the parent, guardian, or custodian that upon service, jurisdiction overthe parent, guardian, or custodian is obtained and that failure of the parent,guardian, or custodian to appear or bring the juvenile before the court withoutreasonable cause or to comply with any order of the court pursuant to Article27 of this Chapter may cause the court to issue a show cause order forcontempt. The summons shall contain the following language in bold type:

"TOTHE PARENT(S), GUARDIAN(S), OR CUSTODIAN(S): YOUR FAILURE TO APPEAR IN COURTFOR A SCHEDULED HEARING OR TO COMPLY WITH AN ORDER OF THE COURT MAY RESULT IN AFINDING OF CRIMINAL CONTEMPT. A PERSON HELD IN CRIMINAL CONTEMPT MAY BE SUBJECTTO IMPRISONMENT OF UP TO 30 DAYS, A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS($500.00) OR BOTH."

(d)        A summons shall bedirected to the person summoned to appear and shall be delivered to any personauthorized to serve process. (1979, c. 815, s. 1; 1987(Reg. Sess., 1988), c. 1090, s. 2; 1995, c. 328, s. 1; 1998‑202, s. 6.)