State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-505

§ 7B‑505.  Place ofnonsecure custody.

A juvenile meeting thecriteria set out in G.S. 7B‑503 may be placed in nonsecure custody withthe department of social services or a person designated in the order fortemporary residential placement in:

(1)        A licensed fosterhome or a home otherwise authorized by law to provide such care; or

(2)        A facility operatedby the department of social services; or

(3)        Any other home orfacility, including a relative's home approved by the court and designated inthe order.

In placing a juvenile innonsecure custody under this section, the court shall first consider whether arelative of the juvenile is willing and able to provide proper care andsupervision of the juvenile in a safe home. If the court finds that therelative is willing and able to provide proper care and supervision in a safehome, then the court shall order placement of the juvenile with the relativeunless the court finds that placement with the relative would be contrary tothe best interests of the juvenile. In placing a juvenile in nonsecure custodyunder this section, the court shall also consider whether it is in thejuvenile's best interest to remain in the juvenile's community of residence. Inplacing a juvenile in nonsecure custody under this section, the court shallconsider the Indian Child Welfare Act, Pub. L. No. 95‑608, 25 U.S.C. §§1901, et seq., as amended, and the Howard M. Metzenbaum Multiethnic PlacementAct of 1994, Pub. L. No. 103‑382, 108 Stat. 4056, as amended, as they mayapply. Placement of a juvenile with a relative outside of this State must be inaccordance with the Interstate Compact on the Placement of Children, Article 38of this Chapter. (1979,c. 815, s. 1; 1983, c. 639, ss. 1, 2; 1997‑390, s. 4; 1997‑443, s.11A.118(a); 1998‑202, s. 6; 1998‑229, ss. 3, 20; 1999‑456, s.60; 2002‑164, s. 4.7.)