State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-303

§ 7B‑303.  Interferencewith assessment.

(a)        If any personobstructs or interferes with an assessment  required by G.S. 7B‑302, thedirector may file a petition naming that person as respondent and requesting anorder directing the respondent to cease the obstruction or interference. Thepetition shall contain the name and date of birth and address of the juvenilewho is the subject of the assessment; shall include a concise statement of thebasis for initiating the assessment, shall specifically describe the conductalleged to constitute obstruction of or interference with the assessment; andshall be verified.

(b)        For purposes ofthis section, obstruction of or interference with an assessment means refusingto disclose the whereabouts of the juvenile, refusing to allow the director tohave personal access to the juvenile, refusing to allow the director to observeor interview the juvenile in private, refusing to allow the director access toconfidential information and records upon request pursuant to G.S. 7B‑302,refusing to allow the director to arrange for an evaluation of the juvenile bya physician or other expert, or other conduct that makes it impossible for thedirector to carry out the duty to assess the juvenile's condition.

(c)        Upon filing of the petition,the court shall schedule a hearing to be held not less than five days afterservice of the petition and summons on the respondent. Service of the petitionand summons and notice of hearing shall be made as provided by the Rules ofCivil Procedure on the respondent; the juvenile's parent, guardian, custodian,or caretaker; and any other person determined by the court to be a necessaryparty. If at the hearing on the petition the court finds by clear, cogent, andconvincing evidence that the respondent, without lawful excuse, has obstructedor interfered with an assessment required by G.S. 7B‑302, the court mayorder the respondent to cease such obstruction or interference. The burden ofproof shall be on the petitioner.

(d)        If the director hasreason to believe that the juvenile is in need of immediate protection orassistance, the director shall so allege in the petition and may seek an exparte order from the court. If the court, from the verified petition and anyinquiry the court makes of the director, finds probable cause to believe boththat the juvenile is at risk of immediate harm and that the respondent isobstructing or interfering with the director's ability to assess the juvenile'scondition, the court may enter an ex parte order directing the respondent tocease the obstruction or interference. The order shall be limited to provisionsnecessary to enable the director to conduct an assessment sufficient todetermine whether the juvenile is in need of immediate protection orassistance. Within 10 days after the entry of an ex parte order under thissubsection, a hearing shall be held to determine whether there is good causefor the continuation of the order or the entry of a different order. An orderentered under this subsection shall be served on the respondent along with acopy of the petition, summons, and notice of hearing.

(e)        The director may berequired at a hearing under this section to reveal the identity of any personwho made a report of suspected abuse, neglect, or dependency as required byG.S. 7B‑301.

(f)         An order enteredpursuant to this section is enforceable by civil or criminal contempt asprovided in Chapter 5A of the General Statutes. (1987, c. 409, s. 1; 1993, c.516, s. 6; 1998‑202, s. 6; 1999‑456, s. 60; 2005‑55, s. 5.)