State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-2806

§ 7B‑2806.  (Forcontingent repeal – see note) Voluntary return procedure.

Any delinquent juvenile whohas absconded while on probation or parole, or escaped from an institution oragency vested with legal custody or supervision in any state party to this Compact,and any juvenile who has run away from any state party to this Compact, who istaken into custody without a requisition in another state party to this Compactunder the provisions of G.S. 7B‑2804(a) or G.S. 7B‑2805(a), mayconsent to the immediate return of the juvenile to the state from which thejuvenile absconded, escaped, or ran away. Consent shall be given by thejuvenile or delinquent juvenile and the juvenile's counsel or guardian adlitem, if any, by executing or subscribing a writing in the presence of a judgeof the appropriate court, which states that the juvenile or delinquent juvenileand the juvenile's counsel or guardian ad litem, if any, consent to return ofthe juvenile to the demanding state. Before consent is executed or subscribed,however, the judge, in the presence of counsel or guardian ad litem, if any,shall inform the juvenile or delinquent juvenile of the juvenile's rights underthis Compact. When the consent has been duly executed, it shall be forwarded toand filed with the Compact Administrator of the state in which the court islocated, and the judge shall direct the officer having the juvenile ordelinquent juvenile in custody to deliver the juvenile to the duly accreditedofficer or officers of the state demanding return of the juvenile and shallcause to be delivered to the officer or officers a copy of the consent. Thecourt may, however, upon the request of the state to which the juvenile ordelinquent juvenile is being returned, order the juvenile to return unaccompaniedto the state and shall provide the juvenile with a copy of the court order; inthat event a copy of the consent shall be forwarded to the CompactAdministrator of the state to which the juvenile or delinquent juvenile isordered to return. (1963,c. 910, s. 1; 1965, c. 925, s. 1; 1979, c. 815, s. 1; 1998‑202, s. 6.)