State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-1901

§ 7B‑1901.  Duties ofperson taking juvenile into temporary custody.

(a)        A person who takesa juvenile into custody without a court order under G.S. 7B‑1900(1) or(2) shall proceed as follows:

(1)        Notify thejuvenile's parent, guardian, or custodian that the juvenile has been taken intotemporary custody and advise the parent, guardian, or custodian of the right tobe present with the juvenile until a determination is made as to the need forsecure or nonsecure custody. Failure to notify the parent, guardian, orcustodian that the juvenile is in custody shall not be grounds for release ofthe juvenile.

(2)        Release the juvenileto the juvenile's parent, guardian, or custodian if the person having thejuvenile in temporary custody decides that continued custody is unnecessary. Inthe case of a juvenile unlawfully absent from school, if continued custody isunnecessary, the person having temporary custody may deliver the juvenile tothe juvenile's school or, if the local city or county government and the localschool board adopt a policy, to a place in the local school administrativeunit.

(3)        If the juvenile isnot released, request that a petition be drawn pursuant to G.S. 7B‑1803or G.S. 7B‑1804. Once the petition has been drawn and verified, theperson shall communicate with the juvenile court counselor. If the juvenilecourt counselor approves the filing of the petition, the juvenile courtcounselor shall contact the judge or the person delegated authority pursuant toG.S. 7B‑1902 if other than the juvenile court counselor, for adetermination of the need for continued custody.

(b)        A juvenile takeninto temporary custody under this Article shall not be held for more than 12hours, or for more than 24 hours if any of the 12 hours falls on a Saturday,Sunday, or legal holiday, unless a petition or motion for review has been filedand an order for secure or nonsecure custody has been entered.

(c)        If the juvenile isnot released, request that a petition be drawn pursuant to G.S. 7B‑1803or G.S. 7B‑1804. Once the petition has been drawn and verified, theperson shall communicate with the juvenile court counselor. If the juvenilecourt counselor approves the filing of the petition, the juvenile courtcounselor shall contact the judge or the person delegated authority pursuant toG.S. 7B‑1902 if other than the juvenile court counselor, for adetermination of the need for continued custody. (1979, c. 815, s. 1; 1981, c.335, ss. 1, 2; 1994, Ex. Sess., c. 17, s. 1; c. 27, s. 3; 1995, c. 391, s. 2;1998‑202, s. 6; 2001‑490, s. 2.14.)