State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-1904

§ 7B‑1904.  Order forsecure or nonsecure custody.

The custody order shall be inwriting and shall direct a law enforcement officer or other authorized personto assume custody of the juvenile and to make due return on the order. Theofficial executing the order shall give a copy of the order to the juvenile'sparent, guardian, or custodian. If the order is for nonsecure custody, theofficial executing the order shall also give a copy of the petition and orderto the person or agency with whom the juvenile is being placed. If the order isfor secure custody, copies of the petition and custody order shall accompanythe juvenile to the detention facility or holdover facility of the jail. Amessage of the Division of Criminal Information, State Bureau of Investigation,stating that a juvenile petition and secure custody order relating to aspecified juvenile are on file in a particular county shall be authority todetain the juvenile in secure custody until a copy of the juvenile petition andsecure custody order can be forwarded to the juvenile detention facility. Thecopies of the juvenile petition and secure custody order shall be transmittedto the detention facility no later than 72 hours after the initial detention ofthe juvenile.

An officer receiving an orderfor custody which is complete and regular on its face may execute it inaccordance with its terms and need not inquire into its regularity or continuedvalidity, nor does the officer incur criminal or civil liability for itsexecution.  (1979,c. 815, s. 1; 1989, c. 124; 1998‑202, s. 6; 2009‑311, s. 15.)

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-1904

§ 7B‑1904.  Order forsecure or nonsecure custody.

The custody order shall be inwriting and shall direct a law enforcement officer or other authorized personto assume custody of the juvenile and to make due return on the order. Theofficial executing the order shall give a copy of the order to the juvenile'sparent, guardian, or custodian. If the order is for nonsecure custody, theofficial executing the order shall also give a copy of the petition and orderto the person or agency with whom the juvenile is being placed. If the order isfor secure custody, copies of the petition and custody order shall accompanythe juvenile to the detention facility or holdover facility of the jail. Amessage of the Division of Criminal Information, State Bureau of Investigation,stating that a juvenile petition and secure custody order relating to aspecified juvenile are on file in a particular county shall be authority todetain the juvenile in secure custody until a copy of the juvenile petition andsecure custody order can be forwarded to the juvenile detention facility. Thecopies of the juvenile petition and secure custody order shall be transmittedto the detention facility no later than 72 hours after the initial detention ofthe juvenile.

An officer receiving an orderfor custody which is complete and regular on its face may execute it inaccordance with its terms and need not inquire into its regularity or continuedvalidity, nor does the officer incur criminal or civil liability for itsexecution.  (1979,c. 815, s. 1; 1989, c. 124; 1998‑202, s. 6; 2009‑311, s. 15.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-1904

§ 7B‑1904.  Order forsecure or nonsecure custody.

The custody order shall be inwriting and shall direct a law enforcement officer or other authorized personto assume custody of the juvenile and to make due return on the order. Theofficial executing the order shall give a copy of the order to the juvenile'sparent, guardian, or custodian. If the order is for nonsecure custody, theofficial executing the order shall also give a copy of the petition and orderto the person or agency with whom the juvenile is being placed. If the order isfor secure custody, copies of the petition and custody order shall accompanythe juvenile to the detention facility or holdover facility of the jail. Amessage of the Division of Criminal Information, State Bureau of Investigation,stating that a juvenile petition and secure custody order relating to aspecified juvenile are on file in a particular county shall be authority todetain the juvenile in secure custody until a copy of the juvenile petition andsecure custody order can be forwarded to the juvenile detention facility. Thecopies of the juvenile petition and secure custody order shall be transmittedto the detention facility no later than 72 hours after the initial detention ofthe juvenile.

An officer receiving an orderfor custody which is complete and regular on its face may execute it inaccordance with its terms and need not inquire into its regularity or continuedvalidity, nor does the officer incur criminal or civil liability for itsexecution.  (1979,c. 815, s. 1; 1989, c. 124; 1998‑202, s. 6; 2009‑311, s. 15.)