State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-1905

§ 7B‑1905.  Place ofsecure or nonsecure custody.

(a)        A juvenile meetingthe criteria set out in G.S. 7B‑1903(a), may be placed in nonsecurecustody with a department of social services or a person designated in theorder for temporary residential placement in:

(1)        A licensed fosterhome or a home otherwise authorized by law to provide such care;

(2)        A facility operatedby a department of social services; or

(3)        Any other home orfacility approved by the court and designated in the order.

In placing a juvenile innonsecure custody, the court shall first consider whether a relative of thejuvenile is willing and able to provide proper care and supervision of thejuvenile. If the court finds that the relative is willing and able to provideproper care and supervision, the court shall order placement of the juvenilewith the relative unless the court finds that placement with the relative wouldbe contrary to the best interest of the juvenile. Placement of a juvenileoutside of this State shall be in accordance with the Interstate Compact on thePlacement of Children set forth in Article 38 of this Chapter.

(b)        Pursuant to G.S. 7B‑1903(b),(c), or (d), a juvenile may be temporarily detained in an approved detentionfacility which shall be separate from any jail, lockup, prison, or other adultpenal institution, except as provided in subsection (c) of this section. Itshall be unlawful for a county or any unit of government to operate a juveniledetention facility unless the facility meets the standards and rules adopted bythe Department of Health and Human Services.

(c)        A juvenile who hasallegedly committed an offense that would be a Class A, B1, B2, C, D, or Efelony if committed by an adult may be detained in secure custody in a holdoverfacility up to 72 hours, if the court, based on information provided by thejuvenile court counselor, determines that no acceptable alternative placementis available and the protection of the public requires the juvenile be housedin a holdover facility. (1979, c. 815, s. 1; 1983, c. 639, ss. 1, 2; 1997‑390, s. 4; 1997‑443,s. 11A.118(a); 1998‑202, s. 6; 1998‑229, s. 3; 1999‑423, s.14; 2001‑490, s. 2.15.)