State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-404

§ 7B‑404.  Immediateneed for petition when clerk's office is closed.

(a)        When the office ofthe clerk is closed, a magistrate may be authorized by the chief district courtjudge to draw, verify, and issue petitions as follows:

(1)        When the director ofthe department of social services requests a petition alleging a juvenile to beabused, neglected, or dependent, or

(2)        When the director ofthe department of social services requests a petition alleging the obstructionof or interference with an assessment required by G.S. 7B‑302.

(b)        The authority ofthe magistrate under this section is limited to emergency situations when apetition is required in order to obtain a nonsecure custody order or an orderunder G.S. 7B‑303. Any petition issued under this section shall bedelivered to the clerk's office for processing as soon as that office is openfor business. (1979,c. 815, s. 1; 1987, c. 409, s. 3; 1998‑202, s. 6; 1999‑456, s. 60;2005‑55, s. 10.)