State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-3404

§ 7B‑3404.  Enforcement.

The provisions of this Articlemay be enforced by the parent, guardian, custodian, or person who has assumedthe status and obligation of a parent without being awarded legal custody ofthe juvenile by a court to the juvenile by filing a civil action in thedistrict court of the county where the juvenile can be found or the county ofthe plaintiff's residence. Upon the institution of such action by a verifiedcomplaint, alleging that the defendant juvenile has left home or has left theplace where the juvenile has been residing and refuses to return and complywith the direction and control of the plaintiff, the court may issue an orderdirecting the juvenile personally to appear before the court at a specifiedtime to be heard in answer to the allegations of the plaintiff and to complywith further orders of the court. Such orders shall be served by the sheriffupon the juvenile and upon any other person named as a party defendant in suchaction. At the time of the issuance of the order directing the juvenile toappear, the court may in the same order, or by separate order, order thesheriff to enter any house, building, structure, or conveyance for the purposeof searching for the juvenile and serving the order and for the purpose oftaking custody of the person of the juvenile in order to bring the juvenilebefore the court. Any order issued at said hearing shall be treated as amandatory injunction and shall remain in full force and effect until thejuvenile reaches the age of 18, or until further orders of the court. Within 30days after the hearing on the original order, the juvenile, or anyone acting inthe juvenile's behalf, may file a verified answer to the complaint. Upon thefiling of an answer by or on behalf of the juvenile, any district court judgeholding court in the county or district court district as defined in G.S. 7A‑133where the action was instituted shall have jurisdiction to hear the matter,without a jury, and to make findings of fact, conclusions of law, and renderjudgment thereon. Appeals from the district court to the Court of Appeals shallbe allowed as in civil actions generally. The district court issuing theoriginal order or the district court hearing the matter after answer has beenfiled shall also have authority to order that any person named defendant in theorder or judgment shall not harbor, keep, or allow the defendant juvenile toremain on the person's premises or in the person's home. Failure of anydefendant to comply with the terms of said order or judgment shall bepunishable as for contempt. (1969, c. 1080, s. 4; 1987(Reg. Sess., 1988), c. 1037, s. 108; 1991 (Reg. Sess., 1992), c. 1031, s. 1;1998‑202, s. 6.)