NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

 

 

CHAPTER 722

HOUSE BILL 946

 

 

AN ACT TO PROVIDE FOR THE MODIFICATION OR ALTERATION OF AN ORDER OF DISPOSITION IN JUVENILE CASES BY THE DISTRICT COURT AFTER AFFIRMATION BY THE COURT OF APPEALS OR SUPREME COURT.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 7A-289 as the same appears in the 1969 Replacement Volume 1B of the General Statutes is hereby amended by adding the following sentence at the end thereof which shall read as follows:

"Upon the affirmation of the order of adjudication or disposition of the district court in a juvenile case by the Court of Appeals, or by the Supreme Court in the event of such an appeal, the district court shall have authority to modify or alter its original order of adjudication or disposition as the court finds to be in the best interest of the child to reflect any adjustment made by the child or change in circumstances during the period of time the case on appeal was pending, provided that if such modifying order be entered ex parte, the Court shall give notice to interested parties to show cause, if any there be, within 10 days thereafter, as to why said modifying order should be vacated or altered."

Sec. 2.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 23rd day of May, 1973.