State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-2503

§ 7B‑2503. Dispositional alternatives for undisciplined juveniles.

The following alternatives fordisposition shall be available to the court exercising jurisdiction over ajuvenile who has been adjudicated undisciplined. In placing a juvenile in out‑of‑homecare under this section, the court shall also consider whether it is in thejuvenile's best interest to remain in the juvenile's community of residence.The court may combine any of the applicable alternatives when the court findsit to be in the best interests of the juvenile:

(1)        In the case of anyjuvenile who needs more adequate care or supervision or who needs placement,the judge may:

a.         Require that thejuvenile be supervised in the juvenile's own home by a department of socialservices in the juvenile's county of residence, a juvenile court counselor, orother personnel as may be available to the court, subject to conditionsapplicable to the parent, guardian, or custodian or the juvenile as the judgemay specify; or

b.         Place the juvenilein the custody of a parent, guardian, custodian, relative, private agencyoffering placement services, or some other suitable person; or

c.         If the director ofthe department of social services has received notice and an opportunity to beheard, place the juvenile in the custody of a department of social services inthe county of the juvenile's residence, or in the case of a juvenile who haslegal residence outside the State, in the physical custody of a department ofsocial services in the county where the juvenile is found so that agency mayreturn the juvenile to the responsible authorities in the juvenile's homestate. An order placing a juvenile in the custody or placement responsibilityof a county department of social services shall contain a finding that thejuvenile's continuation in the juvenile's own home would be contrary to thejuvenile's best interest. This placement shall be reviewed in accordance withG.S. 7B‑906. The director may, unless otherwise ordered by the judge,arrange for, provide, or consent to, needed routine or emergency medical orsurgical care or treatment. In the case where the parent is unknown,unavailable, or unable to act on behalf of the juvenile or juveniles, thedirector may, unless otherwise ordered by the judge, arrange for, provide orconsent to any psychiatric, psychological, educational, or other remedialevaluations or treatment for the juvenile placed by a judge or the judge'sdesignee in the custody or physical custody of a county department of socialservices under the authority of this or any other Chapter of the GeneralStatutes. Prior to exercising this authority, the director shall makereasonable efforts to obtain consent from a parent, guardian, or custodian ofthe affected juvenile. If the director cannot obtain consent, the directorshall promptly notify the parent, guardian, or custodian that care or treatmenthas been provided and shall give the parent, guardian, or custodian frequentstatus reports on the circumstances of the juvenile. Upon request of a parent,guardian, or custodian of the affected juvenile, the results or records of theaforementioned evaluations, findings, or treatment shall be made available tothe parent, guardian, or custodian by the director unless prohibited by G.S.122C‑53(d).

(2)        Place the juvenileunder the protective supervision of a juvenile court counselor for a period ofup to three months, with an extension of an additional three months in thediscretion of the court.

(3)        Excuse the juvenilefrom compliance with the compulsory school attendance law when the court findsthat suitable alternative plans can be arranged by the family through othercommunity resources for one of the following:

a.         An education relatedto the needs or abilities of the juvenile including vocational education orspecial education;

b.         A suitable plan ofsupervision or placement; or

c.         Some other plan thatthe court finds to be in the best interests of the juvenile.  (1979, c. 815, s. 1; 1981,c. 469, s. 19; 1985, c. 589, s. 5; c. 777, s. 1; 1985 (Reg. Sess., 1986), c.863, s. 2; 1991, c. 636, s. 19(a); 1995 (Reg. Sess., 1996), c. 609, s. 3; 1997‑516,s. 1A; 1998‑202, s. 6; 1998‑229, s. 6; 2001‑208, s. 8; 2001‑487,s. 101; 2001‑490, s. 2.19; 2002‑164, s. 4.10; 2009‑311, s.16.)