NC BLET JUVENILE LAWS AND
PROCEDURES
When should NTO records be kept for a juvenile?
If 13 or older and is found delinquent for offense that would be a
felony if committed by an adult or a case is transferred to superior
court and results in conviction.
Petition and Summons by Juvenile Court Services: What should
petitions contain?
Name, DOB, physical address of juvenile, and name and physical
address of juvenile's parent.
Should contain facts which invoke jurisdiction as well as a statement
asserting facts which support every element of the offense.
Petition cannot contain information on more than one juvenile.
The petition does not authorize taking of physical custody of the
juvenile.
What does a petition and juvenile summons do together?
Alleges an offense committed by a juvenile and a time to appear in
court for a hearing.
How should a juvenile court counselor file a petition?
Creates the petition. If counselor is not available, clerk of court may
assist.
Action begins after petition is filed in clerk's office or verified by a
,magistrate if the clerk's office isn't open and the situation is an
emergency requiring a custody order.
Petition and Summons by Juvenile Court Services: SUMMONS
The clerk must issue a summons immediately after petition is filed
alleging a juvenile is undisciplined or delinquent.
Must be personally served on parent/guardian and juvenile no less
than 5 days before the hearing.
Give notice and purpose of proceeding, notice of right to counsel and
how to seek it. Parent advised they must attend the hearing and failure
may be considered contempt of court.
What types of juveniles can and LEO take into temporary
custody?
1. Delinquent: if they do something an adult would be arrested for
2. Undisciplined Juvenile: if there are reasonable grounds to believe
that the juvenile is undisciplined
3. Absconder: reasonable grounds to believe the juvenile is an
absconder (one who has escaped custody) from a residential facility.
usually confirmed through NCIC. Court counselors, personnel of the
Division, and members of other facilities can detain these.
What about deadly force with a juvenile?
Cannot be used to prevent escape or effect custody of a juvenile when
the juvenile presents no imminent threat of death or serious injury to
officers or a third person.
Force equal to resistance. BE VERY CAREFUL WITH JUVENILES.
,What are the duties of an LEO who takes a juvenile into custody
without a court order?
Cannot be held more than 12 HOURS or 24 HOURS on the weekend
or holiday unless petition filed by intake counselor for secured or
nonsecure custody has been entered.
1. Notify the juvenile's parent/guardian the child has been taken into
custody and advise them of their right to be present with juvenile until
determination is made on custody need. Failure to notify is grounds to
release juvenile
2. Release juvenile to their parent/guardian if continued custody is
unnecessary
3. If juvenile is not released, officer should communicate with a
juvenile court counselor, who shall decide for filing the petition and
need for continued custody
4. After juvenile has absconded form youth center: contact Court
Services to arrange for order for secure custody and transport to
nearest detention facility and contact facility's administrator where
they escaped
Who has the authority to issue custody orders?
any district court judge.
the chief district court judge may also delegate the court's authority to
the chief court counselor or their staff by administrative order
What is the criteria for nonsecured custody?
First consider release of juvenile to parent/guardian.
Must only be made when matters alleged in petition are believed to be
true and:
1. Juvenile is a runaway and consents to nonsecure custody or
, 2. Juvenile meets one or more criteria of secured custody but court
finds it in best interest that juvenile be placed in nonsecure placement
What is the criteria for secured custody?
Reasonable factual basis to believe that the juvenile committed the
offense alleged in the petition and one of the following circumstances
exist:
1. Juvenile is charged with a felony, and it is demonstrated that the
juvenile is a danger to property or persons
2. Juvenile has demonstrated that they are a danger to persons and is
charged with either
- misdemeanor at least one element is assault on a person
- misdemeanor in which juvenile used or threatened to use or
displayed a firearm or other deadly weapon or
- is charged with impaired driving or driving by a person less than 21
years old after consuming alcohol or drugs.
3. Juvenile has been properly notified has willfully failed to appear on
pending delinquency charge or on charges of violation of probation
4. Delinquency charge is pending against the juvenile and reasonable
cause to believe they won't appear in court
5. reasonable cause to believe juvenile should be detained for their
protection because they have suffered/attempted self-inflicted injury
(limited to 24 HOURS to determine hospitalization).
6. alleged to be undisciplined because they are a runaway and
inappropriate for nonsecure placement (up to 24 HOURS to evaluate
their medical and mental needs)
7. alleged to be undisciplined and has willfully failed to appear in
court after proper notice. brought to court ASAP and not held for
more than 24 HOURS
8. juvenile is an absconder from any residential facility by DACJJ
PROCEDURES
When should NTO records be kept for a juvenile?
If 13 or older and is found delinquent for offense that would be a
felony if committed by an adult or a case is transferred to superior
court and results in conviction.
Petition and Summons by Juvenile Court Services: What should
petitions contain?
Name, DOB, physical address of juvenile, and name and physical
address of juvenile's parent.
Should contain facts which invoke jurisdiction as well as a statement
asserting facts which support every element of the offense.
Petition cannot contain information on more than one juvenile.
The petition does not authorize taking of physical custody of the
juvenile.
What does a petition and juvenile summons do together?
Alleges an offense committed by a juvenile and a time to appear in
court for a hearing.
How should a juvenile court counselor file a petition?
Creates the petition. If counselor is not available, clerk of court may
assist.
Action begins after petition is filed in clerk's office or verified by a
,magistrate if the clerk's office isn't open and the situation is an
emergency requiring a custody order.
Petition and Summons by Juvenile Court Services: SUMMONS
The clerk must issue a summons immediately after petition is filed
alleging a juvenile is undisciplined or delinquent.
Must be personally served on parent/guardian and juvenile no less
than 5 days before the hearing.
Give notice and purpose of proceeding, notice of right to counsel and
how to seek it. Parent advised they must attend the hearing and failure
may be considered contempt of court.
What types of juveniles can and LEO take into temporary
custody?
1. Delinquent: if they do something an adult would be arrested for
2. Undisciplined Juvenile: if there are reasonable grounds to believe
that the juvenile is undisciplined
3. Absconder: reasonable grounds to believe the juvenile is an
absconder (one who has escaped custody) from a residential facility.
usually confirmed through NCIC. Court counselors, personnel of the
Division, and members of other facilities can detain these.
What about deadly force with a juvenile?
Cannot be used to prevent escape or effect custody of a juvenile when
the juvenile presents no imminent threat of death or serious injury to
officers or a third person.
Force equal to resistance. BE VERY CAREFUL WITH JUVENILES.
,What are the duties of an LEO who takes a juvenile into custody
without a court order?
Cannot be held more than 12 HOURS or 24 HOURS on the weekend
or holiday unless petition filed by intake counselor for secured or
nonsecure custody has been entered.
1. Notify the juvenile's parent/guardian the child has been taken into
custody and advise them of their right to be present with juvenile until
determination is made on custody need. Failure to notify is grounds to
release juvenile
2. Release juvenile to their parent/guardian if continued custody is
unnecessary
3. If juvenile is not released, officer should communicate with a
juvenile court counselor, who shall decide for filing the petition and
need for continued custody
4. After juvenile has absconded form youth center: contact Court
Services to arrange for order for secure custody and transport to
nearest detention facility and contact facility's administrator where
they escaped
Who has the authority to issue custody orders?
any district court judge.
the chief district court judge may also delegate the court's authority to
the chief court counselor or their staff by administrative order
What is the criteria for nonsecured custody?
First consider release of juvenile to parent/guardian.
Must only be made when matters alleged in petition are believed to be
true and:
1. Juvenile is a runaway and consents to nonsecure custody or
, 2. Juvenile meets one or more criteria of secured custody but court
finds it in best interest that juvenile be placed in nonsecure placement
What is the criteria for secured custody?
Reasonable factual basis to believe that the juvenile committed the
offense alleged in the petition and one of the following circumstances
exist:
1. Juvenile is charged with a felony, and it is demonstrated that the
juvenile is a danger to property or persons
2. Juvenile has demonstrated that they are a danger to persons and is
charged with either
- misdemeanor at least one element is assault on a person
- misdemeanor in which juvenile used or threatened to use or
displayed a firearm or other deadly weapon or
- is charged with impaired driving or driving by a person less than 21
years old after consuming alcohol or drugs.
3. Juvenile has been properly notified has willfully failed to appear on
pending delinquency charge or on charges of violation of probation
4. Delinquency charge is pending against the juvenile and reasonable
cause to believe they won't appear in court
5. reasonable cause to believe juvenile should be detained for their
protection because they have suffered/attempted self-inflicted injury
(limited to 24 HOURS to determine hospitalization).
6. alleged to be undisciplined because they are a runaway and
inappropriate for nonsecure placement (up to 24 HOURS to evaluate
their medical and mental needs)
7. alleged to be undisciplined and has willfully failed to appear in
court after proper notice. brought to court ASAP and not held for
more than 24 HOURS
8. juvenile is an absconder from any residential facility by DACJJ
