North Carolina General Statutes 7B-2506. Dispositional alternatives for delinquent juveniles
The court exercising jurisdiction over a juvenile who has been adjudicated delinquent may use the following alternatives in accordance with the dispositional structure set forth in N.C. Gen. Stat. § 7B-2508:
(1) In the case of any juvenile under the age of 18 years who needs more adequate care or supervision or who needs placement, the judge may do any of the following:
a. Require that a juvenile be supervised in the juvenile’s own home by the department of social services in the juvenile’s county, a juvenile court counselor, or other personnel as may be available to the court, subject to conditions applicable to the parent, guardian, or custodian or the juvenile as the judge may specify.
b. Place the juvenile in the custody of a parent, guardian, custodian, relative, private agency offering placement services, or some other suitable person.
c. If the director of the county department of social services has received notice and an opportunity to be heard, place the juvenile in the custody of the department of social services in the county of the juvenile’s residence, or in the case of a juvenile who has legal residence outside the State, in the physical custody of a department of social services in the county where the juvenile is found so that agency may return the juvenile to the responsible authorities in the juvenile’s home state. An order placing a juvenile in the custody or placement responsibility of a county department of social services shall contain a finding that the juvenile’s continuation in the juvenile’s own home would be contrary to the juvenile’s best interest. This placement shall be reviewed in accordance with N.C. Gen. Stat. § 7B-906.1 A parent who is indigent is entitled to court-appointed counsel for representation in the hearings held pursuant to N.C. Gen. Stat. § 7B-906.1 unless the parent makes a knowing and voluntary waiver of the right to counsel.
Terms Used In North Carolina General Statutes 7B-2506
- Arrest: Taking physical custody of a person by lawful authority.
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- 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.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) Excuse a juvenile under the age of 16 years from compliance with the compulsory school attendance law when the court finds that suitable alternative plans can be arranged by the family through other community resources for one of the following:
a. An education related to the needs or abilities of the juvenile including vocational education or special education;
b. A suitable plan of supervision or placement; or
c. Some other plan that the court finds to be in the best interests of the juvenile.
(3) Order the juvenile to cooperate with a community-based program, an intensive substance abuse treatment program, or a residential or nonresidential treatment program. Participation in the programs shall not exceed 12 months.
(4) Require restitution, full or partial, up to five hundred dollars ($500.00), payable within a 12-month period to any person who has suffered loss or damage as a result of the offense committed by the juvenile. The court may determine the amount, terms, and conditions of the restitution. If the juvenile participated with another person or persons, all participants should be jointly and severally responsible for the payment of restitution; however, the court shall not require the juvenile to make restitution if the juvenile satisfies the court that the juvenile does not have, and could not reasonably acquire, the means to make restitution.
(5) Impose a fine related to the seriousness of the juvenile’s offense. If the juvenile has the ability to pay the fine, it shall not exceed the maximum fine for the offense if committed by an adult.
(6) Order the juvenile to perform up to 100 hours supervised community service consistent with the juvenile’s age, skill, and ability, specifying the nature of the work and the number of hours required. The work shall be related to the seriousness of the juvenile’s offense and in no event may the obligation to work exceed 12 months.
(7) Order the juvenile to participate in the victim-offender reconciliation program.
(8) Place the juvenile on probation under the supervision of a juvenile court counselor, as specified in N.C. Gen. Stat. § 7B-2510
(9) Order that the juvenile shall not be licensed to operate a motor vehicle in the State of North Carolina for as long as the court retains jurisdiction over the juvenile or for any shorter period of time. The clerk of court shall notify the Division of Motor Vehicles of that order.
(10) Impose a curfew upon the juvenile.
(11) Order that the juvenile not associate with specified persons or be in specified places.
(12) Impose confinement on an intermittent basis in an approved detention facility. Confinement shall be limited to not more than five 24-hour periods, the timing and imposition of which is determined by the court in its discretion.
(13) Order the juvenile to cooperate with placement in a wilderness program.
(14) Order the juvenile to cooperate with placement in a residential treatment facility, an intensive nonresidential treatment program, an intensive substance abuse program, or in a group home other than a multipurpose group home operated by a State agency.
(15) Place the juvenile on intensive probation under the supervision of a juvenile court counselor.
(16) Order the juvenile to cooperate with a supervised day program requiring the juvenile to be present at a specified place for all or part of every day or of certain days. In determining whether to order a juvenile to a particular supervised day program, the court shall consider the structure and operations of the program and whether that program will meet the needs of the juvenile. The court also may require the juvenile to comply with any other reasonable conditions specified in the dispositional order that are designed to facilitate supervision.
(17) Order the juvenile to participate in a regimented training program.
(18) Order the juvenile to submit to house arrest.
(19) Suspend imposition of a more severe, statutorily permissible disposition with the provision that the juvenile meet certain conditions agreed to by the juvenile and specified in the dispositional order. The conditions shall not exceed the allowable dispositions for the level under which disposition is being imposed.
(20) Order that the juvenile be confined in an approved juvenile detention facility for a term of up to 14 24-hour periods, which confinement shall not be imposed consecutively with intermittent confinement pursuant to subdivision (12) of this section at the same dispositional hearing. The timing and imposition of this confinement shall be determined by the court in its discretion.
(21) Order the residential placement of a juvenile in a multipurpose group home operated by a State agency.
(22) Require restitution of more than five hundred dollars ($500.00), full or partial, payable within a 12-month period to any person who has suffered loss or damage as a result of an offense committed by the juvenile. The court may determine the amount, terms, and conditions of restitution. If the juvenile participated with another person or persons, all participants should be jointly and severally responsible for the payment of the restitution; however, the court shall not require the juvenile to make restitution if the juvenile satisfies the court that the juvenile does not have, and could not reasonably acquire, the means to make restitution.
(23) Order the juvenile to perform up to 200 hours supervised community service consistent with the juvenile’s age, skill, and ability, specifying the nature of work and the number of hours required. The work shall be related to the seriousness of the juvenile’s offense.
(24) Commit the juvenile to the Division for placement in a youth development center in accordance with N.C. Gen. Stat. § 7B-2513 for a period of not less than six months. (1979, c. 815, s. 1; 1981, c. 469, ss. 19, 20; 1985, c. 589, s. 5; c. 777, s. 1; 1985 (Reg. Sess., 1986), c. 863, s. 2; 1991, c. 353, s. 1; 636, s. 19(a); 1991 (Reg. Sess., 1992), c. 1030, s. 4; 1993, c. 369, s. 1; c. 462, s. 1; 1995 (Reg. Sess., 1996), c. 609, s. 3; 1997-516, s. 1A; 1998-202, s. 6; 1998-229, s. 6; 1999-444, s. 1; 2000-137, s. 3; 2001-95, s. 5; 2001-179, s. 2; 2001-208, s. 9; 2001-487, s. 101; 2001-490, s. 2.22; 2009-311, s. 17; 2011-145, s. 19.1(l); 2013-129, s. 40; 2015-58, s. 3.2; 2017-57, s. 16D.4(g); 2017-161, s. 13; 2018-142, s. 23(b); 2019-33, s. 15(b).)