State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-2413

§ 7B‑2413. Predisposition investigation and report.

The court shall proceed to thedispositional hearing upon receipt of the predisposition report. A risk andneeds assessment, containing information regarding the juvenile's social,medical, psychiatric, psychological, and educational history, as well as anyfactors indicating the probability of the juvenile committing furtherdelinquent acts, shall be conducted for the juvenile and shall be attached tothe predisposition report. In cases where no predisposition report is availableand the court makes a written finding that a report is not needed, the courtmay proceed with the dispositional hearing. No predisposition report or riskand needs assessment of any child alleged to be delinquent or undisciplinedshall be made prior to an adjudication that the juvenile is within the juvenilejurisdiction of the court unless the juvenile, the juvenile's parent, guardian,or custodian, or the juvenile's attorney files a written statement with thejuvenile court counselor granting permission and giving consent to thepredisposition report or risk and needs assessment. No predisposition reportshall be submitted to or considered by the court prior to the completion of theadjudicatory hearing. The court shall permit the juvenile to inspect anypredisposition report, including any attached risk and needs assessment, to beconsidered by the court in making the disposition unless the court determinesthat disclosure would seriously harm the juvenile's treatment or rehabilitationor would violate a promise of confidentiality. Opportunity to offer evidence inrebuttal shall be afforded the juvenile and the juvenile's parent, guardian, orcustodian at the dispositional hearing. The court may order counsel not todisclose parts of the report to the juvenile or the juvenile's parent,guardian, or custodian if the court finds that disclosure would seriously harmthe treatment or rehabilitation of the juvenile or would violate a promise ofconfidentiality given to a source of information. (1979, c. 815, s. 1; 1998‑202,s. 6; 1999‑423, s. 13; 2001‑490, s. 2.18.)