State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-2821

§ 7B‑2821.  (Forcontingent repeal – see note) Proceedings for return of runaways under G.S. 7B‑2804of Compact; "juvenile" construed.

The judge of any court inNorth Carolina to which an application is made for the return of a runawayunder the provisions of G.S. 7B‑2804 of the Interstate Compact onJuveniles shall hold a hearing thereon to determine whether for the purposes ofthe Compact the petitioner is entitled to the legal custody of the juvenile,whether or not it appears that the juvenile has in fact run away withoutconsent, whether or not the juvenile is an emancipated minor, and whether ornot it is in the best interests of the juvenile to compel the return of thejuvenile to the state. The judge of any court in North Carolina, finding that arequisition for the return of a juvenile under the provisions of G.S. 7B‑2804of the Compact is in order, shall upon request fix a reasonable time to beallowed for the purpose of testing the legality of the proceeding. The periodof time for holding a juvenile in custody under the provisions of G.S. 7B‑2804of the Compact for the protection and welfare of the juvenile, subject to theorder of a court of this State, to enable the juvenile's return to anotherstate party to the Compact pursuant to a requisition for return from a court ofthat state, shall not exceed 30 days. In applying the provisions of G.S. 7B‑2804of the Compact to secure the return of a runaway from North Carolina, thecourts of this State shall construe the word "juvenile" as used inthis Article to mean any person who has not reached the person's eighteenthbirthday. (1965,c. 925, s. 2; 1971, c. 1231, s. 2; 1977, c. 552; 1979, c. 815, s. 1; 1998‑202,s. 6.)