North Carolina General Statutes 7B-1901. Duties of person taking juvenile into temporary custody
(a) A person who takes a juvenile into custody without a court order under N.C. Gen. Stat. § 7B-1900(1) or (2) shall proceed as follows:
(1) Notify the juvenile’s parent, guardian, or custodian that the juvenile has been taken into temporary custody and advise the parent, guardian, or custodian of the right to be present with the juvenile until a determination is made as to the need for secure or nonsecure custody. Failure to notify the parent, guardian, or custodian that the juvenile is in custody shall not be grounds for release of the juvenile.
Terms Used In North Carolina General Statutes 7B-1901
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(2) Release the juvenile to the juvenile’s parent, guardian, or custodian if the person having the juvenile in temporary custody decides that continued custody is unnecessary. In the case of a juvenile unlawfully absent from school, if continued custody is unnecessary, the person having temporary custody may deliver the juvenile to the juvenile’s school or, if the local city or county government and the local school board adopt a policy, to a place in the local school administrative unit.
(3) If the juvenile is not released, request that a petition be drawn pursuant to N.C. Gen. Stat. § 7B-1803 or N.C. Gen. Stat. § 7B-1804 Once the petition has been drawn and verified, the person shall communicate with the juvenile court counselor. If the juvenile court counselor approves the filing of the petition, the juvenile court counselor shall contact the judge or the person delegated authority pursuant to N.C. Gen. Stat. § 7B-1902 if other than the juvenile court counselor, for a determination of the need for continued custody.
(b) A juvenile taken into temporary custody under this Article shall not be held for more than 12 hours, or for more than 24 hours if any of the 12 hours falls on a Saturday, Sunday, or legal holiday, unless a petition or motion for review has been filed and an order for secure or nonsecure custody has been entered.
(c) A person who takes a juvenile into custody under N.C. Gen. Stat. § 7B-1900(3), after receiving an order for secure custody, shall transport the juvenile to the nearest approved facility providing secure custody. The person then shall contact the administrator of the facility from which the juvenile absconded, who shall be responsible for returning the juvenile to that facility.
(d) A person who takes an individual who is 21 years of age or older into temporary custody for an offense committed when the individual was a juvenile shall proceed in accordance with this Chapter. If, pursuant to the criteria in N.C. Gen. Stat. § 7B-1903(b), secure custody is ordered for any person 21 years of age or older who falls within the jurisdiction of the court, pursuant to N.C. Gen. Stat. § 7B-1601(d) or N.C. Gen. Stat. § 7B-1601(d1), the order shall designate that the person be temporarily detained in the county jail where the charges arose. (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; 2001-490, s. 2.14; 2019-186, s. 4.)