State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-2506

§ 7B‑2506. Dispositional alternatives for delinquent juveniles.

The court exercisingjurisdiction over a juvenile who has been adjudicated delinquent may use thefollowing alternatives in accordance with the dispositional structure set forthin G.S. 7B‑2508:

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

a.         Require that ajuvenile be supervised in the juvenile's own home by the department of socialservices in the juvenile's county, a juvenile court counselor, or otherpersonnel as may be available to the court, subject to conditions applicable tothe parent, guardian, or custodian or the juvenile as the judge may 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 county department of social services has received notice and an opportunityto be heard, place the juvenile in the custody of the department of socialservices in the county of his 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 his designee inthe custody or physical custody of a county department of social services underthe authority of this or any other Chapter of the General Statutes. Prior toexercising this authority, the director shall make reasonable efforts to obtainconsent from a parent, guardian, or custodian of the affected juvenile. If thedirector cannot obtain consent, the director shall promptly notify the parent,guardian, or custodian that care or treatment has been provided and shall givethe parent, guardian, or custodian frequent status reports on the circumstancesof the juvenile. Upon request of a parent, guardian, or custodian of theaffected juvenile, the results or records of the aforementioned evaluations,findings, or treatment shall be made available to the parent, guardian, orcustodian by the director unless prohibited by G.S. 122C‑53(d).

(2)        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.

(3)        Order the juvenileto cooperate with a community‑based program, an intensive substance abusetreatment program, or a residential or nonresidential treatment program.Participation in the programs shall not exceed 12 months.

(4)        Require restitution,full or partial, up to five hundred dollars ($500.00), payable within a 12‑monthperiod to any person who has suffered loss or damage as a result of the offensecommitted by the juvenile. The court may determine the amount, terms, andconditions of the restitution. If the juvenile participated with another personor persons, all participants should be jointly and severally responsible forthe payment of restitution; however, the court shall not require the juvenileto make restitution if the juvenile satisfies the court that the juvenile doesnot have, and could not reasonably acquire, the means to make restitution.

(5)        Impose a finerelated to the seriousness of the juvenile's offense. If the juvenile has theability to pay the fine, it shall not exceed the maximum fine for the offenseif committed by an adult.

(6)        Order the juvenileto perform up to 100 hours supervised community service consistent with thejuvenile's age, skill, and ability, specifying the nature of the work and thenumber of hours required. The work shall be related to the seriousness of thejuvenile's offense and in no event may the obligation to work exceed 12 months.

(7)        Order the juvenileto participate in the victim‑offender reconciliation program.

(8)        Place the juvenileon probation under the supervision of a juvenile court counselor, as specifiedin G.S. 7B‑2510.

(9)        Order that thejuvenile shall not be licensed to operate a motor vehicle in the State of NorthCarolina for as long as the court retains jurisdiction over the juvenile or forany shorter period of time. The clerk of court shall notify the Division ofMotor Vehicles of that order.

(10)      Impose a curfew uponthe juvenile.

(11)      Order that thejuvenile not associate with specified persons or be in specified places.

(12)      Impose confinement onan intermittent basis in an approved detention facility. Confinement shall belimited to not more than five 24‑hour periods, the timing of which isdetermined by the court in its discretion.

(13)      Order the juvenile tocooperate with placement in a wilderness program.

(14)      Order the juvenile tocooperate with placement in a residential treatment facility, an intensivenonresidential treatment program, an intensive substance abuse program, or in agroup home other than a multipurpose group home operated by a State agency.

(15)      Place the juvenile onintensive probation under the supervision of a juvenile court counselor.

(16)      Order the juvenile tocooperate with a supervised day program requiring the juvenile to be present ata specified place for all or part of every day or of certain days. Indetermining whether to order a juvenile to a particular supervised day program,the court shall consider the structure and operations of the program andwhether that program will meet the needs of the juvenile. The court also mayrequire the juvenile to comply with any other reasonable conditions specifiedin the dispositional order that are designed to facilitate supervision.

(17)      Order the juvenile toparticipate in a regimented training program.

(18)      Order the juvenile tosubmit to house arrest.

(19)      Suspend imposition ofa more severe, statutorily permissible disposition with the provision that thejuvenile meet certain conditions agreed to by the juvenile and specified in thedispositional order. The conditions shall not exceed the allowable dispositionsfor the level under which disposition is being imposed.

(20)      Order that thejuvenile be confined in an approved juvenile detention facility for a term ofup to 14 24‑hour periods, which confinement shall not be imposedconsecutively with intermittent confinement pursuant to subdivision (12) ofthis section at the same dispositional hearing. The timing of this confinementshall be determined by the court in its discretion.

(21)      Order the residentialplacement of a juvenile in a multipurpose group home operated by a Stateagency.

(22)      Require restitutionof more than five hundred dollars ($500.00), full or partial, payable within a12‑month period to any person who has suffered loss or damage as a resultof an offense committed by the juvenile. The court may determine the amount,terms, and conditions of restitution. If the juvenile participated with anotherperson or persons, all participants should be jointly and severally responsiblefor the payment of the restitution; however, the court shall not require thejuvenile to make restitution if the juvenile satisfies the court that thejuvenile does not have, and could not reasonably acquire, the means to makerestitution.

(23)      Order the juvenile toperform up to 200 hours supervised community service consistent with thejuvenile's age, skill, and ability, specifying the nature of work and thenumber of hours required. The work shall be related to the seriousness of thejuvenile's offense.

(24)      Commit the juvenileto the Department for placement in a youth development center in accordancewith G.S. 7B‑2513 for a period of not less than six months.  (1979, c. 815, s. 1; 1981,c. 469, ss. 19, 20; 1985, c. 589, s. 5; c. 777, s. 1; 1985 (Reg. Sess., 1986),c. 863, s. 2; 1991, c. 353, s. 1; 636, s. 19(a); 1991 (Reg. Sess., 1992), c.1030, s. 4; 1993, c. 369, s. 1; c. 462, s. 1; 1995 (Reg. Sess., 1996), c. 609,s. 3; 1997‑516, s. 1A; 1998‑202, s. 6; 1998‑229, s. 6; 1999‑444,s. 1; 2000‑137, s. 3; 2001‑95, s. 5; 2001‑179, s. 2; 2001‑208,s. 9; 2001‑487, s. 101; 2001‑490, s. 2.22; 2009‑311, s. 17.)