State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-501

§7B‑501.  Duties of person taking juvenile into temporary custody.

(a)        A person who takesa juvenile into custody without a court order under G.S. 7B‑500 shallproceed as follows:

(1)        Notify thejuvenile's parent, guardian, custodian, or caretaker that the juvenile has beentaken into temporary custody and advise the parent, guardian, custodian, orcaretaker of the right to be present with the juvenile until a determination ismade as to the need for nonsecure custody. Failure to notify the parent that thejuvenile is in custody shall not be grounds for release of the juvenile.

(2)        Release the juvenileto the juvenile's parent, guardian, custodian, or caretaker if the personhaving the juvenile in temporary custody decides that continued custody isunnecessary.

(3)        The person havingtemporary custody shall communicate with the director of the department ofsocial services who shall consider prehearing diversion. If the decision ismade to file a petition, the director shall contact the judge or person delegatedauthority pursuant to G.S. 7B‑502 for a determination of the need forcontinued custody.

(b)        A juvenile takeninto temporary custody under this Article shall not be held for more than 12hours, or for more than 24 hours if any of the 12 hours falls on a Saturday,Sunday, or legal holiday, unless:

(1)        A petition or motionfor review has been filed by the director of the department of social services,and

(2)        An order fornonsecure custody has been entered by the court. (1979, c. 815, s. 1; 1981, c.335, ss. 1, 2; 1994, Ex. Sess., c. 17, s. 1; c. 27, s. 3; 1995, c. 391, s. 2;1998‑202, s. 6; 1999‑456, s. 60.)