State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-406

§ 7B‑406.  Issuance ofsummons.

(a)        Immediately after apetition has been filed alleging that a juvenile is abused, neglected, ordependent, the clerk shall issue a summons to the parent, guardian, custodian,or caretaker requiring them to appear for a hearing at the time and placestated in the summons. No summons is required for any person whose actionsresulted in a conviction under G.S. 14‑27.2 or G.S. 14‑27.3 and theconception of the juvenile. A copy of the petition shall be attached to eachsummons. Service of the summons shall be completed as provided in G.S. 7B‑407,but the parent of the juvenile shall not be deemed to be under a disabilityeven though the parent is a minor.

(b)        A summons shall beon a printed form supplied by the Administrative Office of the Courts and shallinclude:

(1)        Notice of the natureof the proceeding;

(2)        Notice of any rightto counsel and information about how to seek the appointment of counsel priorto a hearing;

(3)        Notice that, if thecourt determines at the hearing that the allegations of the petition are true,the court will conduct a dispositional hearing to consider the needs of thejuvenile and enter an order designed to meet those needs and the objectives ofthe State; and

(4)        Notice that thedispositional order or a subsequent order:

a.         May remove thejuvenile from the custody of the parent, guardian, or custodian.

b.         May require that thejuvenile receive medical, psychiatric, psychological, or other treatment andthat the parent participate in the treatment.

c.         May require theparent to undergo psychiatric, psychological, or other treatment or counselingfor the purpose of remedying the behaviors or conditions that are alleged inthe petition or that contributed to the removal of the juvenile from thecustody of that person.

d.         May order the parentto pay for treatment that is ordered for the juvenile or the parent.

e.         May, upon propernotice and hearing and a finding based on the criteria set out in G.S. 7B‑1111,terminate the parental rights of the respondent parent.

(c)        The summons shalladvise the parent that upon service, jurisdiction over that person is obtainedand that failure to comply with any order of the court pursuant to G.S. 7B‑904may cause the court to issue a show cause order for contempt.

(d)        A summons shall bedirected to the person summoned to appear and shall be delivered to any personauthorized to serve process. (1979, c. 815, s. 1; 1987 (Reg. Sess., 1988), c. 1090,s. 2; 1995, c. 328, s. 1; 1998‑202, s. 6; 1999‑456, s. 60; 2000‑183,s. 1; 2001‑208, s. 1; 2001‑487, s. 101; 2004‑128, s. 12.)