GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION
CHAPTER 609
The General Assembly of North Carolina enacts:
Section 1. G.S. 7A-646 reads as rewritten:
"§ 7A-646. Purpose.
The purpose of dispositions in juvenile actions is to design
an appropriate plan to meet the needs of the juvenile and to achieve the objectives
of the State in exercising jurisdiction. If possible, the initial approach
should involve working with the juvenile and his the juvenile's family
in their own home so that the appropriate community resources may be involved
in care, supervision, and treatment according to the needs of the juvenile.
Thus, the judge should arrange for appropriate community-level services to be
provided to the juvenile and his the juvenile's family in order
to strengthen the home situation.
In choosing among statutorily permissible dispositions for a
delinquent juvenile, the judge shall select the least restrictive disposition
both in terms of kind and duration, that is appropriate to the seriousness of
the offense, the degree of culpability indicated by the circumstances of the
particular case and the age and prior record of the juvenile. A juvenile should
not be committed to training school or to any other institution if he the
juvenile can be helped through community-level resources. Article
81B of Chapter 15A of the General Statutes does not apply to juvenile
dispositions, except as provided in G.S. 7A-652(c)."
Sec. 2. G.S. 7A-652(c) reads as rewritten:
"(c) In no event shall
commitment of a delinquent juvenile be for a period of time in excess of that
period for which an adult could be committed for the same act. the
maximum term of imprisonment for which an adult in prior record level VI for
felonies or in prior conviction level III for misdemeanors could be sentenced
for the same offense. Any juveniles committed for an offense for which
an adult would be sentenced for 30 days or less A juvenile committed
only for an offense that would be a Class 3 misdemeanor if committed by an
adult shall be assigned to a local detention home as defined by G.S.
7A-517(15) or a regional home as defined by G.S. 7A-517(26)."
Sec. 3. G.S. 7A-647(3) reads as rewritten:
"(3) In any case, the judge may order that the juvenile be examined by a physician, psychiatrist, psychologist or other qualified expert as may be needed for the judge to determine the needs of the juvenile.
a. Upon
completion of the examination, the judge shall conduct a hearing to determine
whether the juvenile is in need of medical, surgical , psychiatric,
psychological, or other treatment and who should pay the cost of the treatment.
The county manager, or such person who shall be designated by the chairman of
the county commissioners, of the juvenile's residence shall be notified of the
hearing, and allowed to be heard. If the judge finds the juvenile to be in
need of medical, surgical, psychiatric, psychological or other treatment, he
the judge shall allow permit the parent or other
responsible persons to arrange for care. treatment. If the parent
declines or is unable to make necessary arrangements, the judge may order the
needed treatment, surgery or care, and the judge may order the parent to pay
the cost of such the care pursuant to G.S. 7A-650. If the judge
finds the parent is unable to pay the cost of care, treatment, the
judge may charge the cost to the county. shall order the
county to arrange for treatment of the juvenile and to pay for the cost of the
treatment. The county department of social services shall recommend the
facility that will provide the juvenile with treatment.
b. If
the judge believes, or if there is evidence presented to the effect that the
juvenile is mentally ill or is mentally retarded developmentally
disabled, the judge shall refer him the juvenile to the area
mental health, developmental disabilities, and substance abuse services director
for appropriate action. A juvenile shall not be committed directly to a State
hospital or mental retardation center; and orders purporting to commit a
juvenile directly to a State hospital or mental retardation center except for
an examination to determine capacity to proceed shall be void and of no effect.
The area mental health, developmental disabilities, and substance abuse
director shall be responsible for arranging an interdisciplinary evaluation of
the juvenile and mobilizing resources to meet his the juvenile's needs.
If institutionalization is determined to be the best service for the juvenile,
admission shall be with the voluntary consent of the parent or guardian. If the
parent, guardian, or custodian refuses to consent to a mental hospital or
retardation center admission after such institutionalization is recommended by
the area mental health, developmental disabilities, and substance abuse
director, the signature and consent of the judge may be substituted for that purpose.
In all cases in which a regional mental hospital refuses admission to a
juvenile referred for admission by a judge and an area mental health,
developmental disabilities, and substance abuse director or discharges a
juvenile previously admitted on court referral prior to completion of his
treatment, the hospital shall submit to the judge a written report setting out
the reasons for denial of admission or discharge and setting out the juvenile's
diagnosis, indications of mental illness, indications of need for treatment,
and a statement as to the location of any facility known to have a treatment
program for the juvenile in question."
Sec. 4. G.S. 7A-650 reads as rewritten:
"§ 7A-650. Authority over parents of juvenile adjudicated as delinquent, undisciplined, abused, neglected, or dependent.
(a) If the court orders medical, surgical, psychiatric, psychological, or other treatment pursuant to G.S. 7A-647(3), the court may order the parent or other responsible parties to pay the cost of the treatment or care ordered.
(b) The court may order the parent to provide transportation for a juvenile to keep an appointment with a court counselor.
(b1) At the dispositional hearing or
a subsequent hearing in the case of a juvenile who has been adjudicated
delinquent, undisciplined, abused, neglected, or dependent, if the court finds
that it is in the best interest of the juvenile for the parent to be directly
involved in the juvenile's treatment, the court may order the parent to
participate in medical, psychiatric, psychological, or other treatment of the
juvenile and to pay the costs thereof. If the court finds that the parent is
unable to pay the cost of the treatment, the court may charge the cost to the
county of the juvenile's residence. juvenile. The cost of the treatment
shall be paid pursuant to G.S. 7A-647(3)a.
(b2) At the dispositional hearing or a subsequent hearing in the case of a juvenile who has been adjudicated delinquent, undisciplined, abused, neglected, or dependent, the court may determine whether the best interest of the juvenile requires that the parent undergo psychiatric, psychological, or other treatment or counseling directed toward remediating or remedying behaviors or conditions that led to or contributed to the juvenile's adjudication or to the court's decision to remove custody of the juvenile from the parent. If the court finds that the best interest of the juvenile requires the parent undergo treatment, it may order the parent to comply with a plan of treatment approved by the court or condition legal custody or physical placement of the juvenile with the parent upon the parent's compliance with the plan of treatment. The court may order the parent to pay the cost of treatment ordered pursuant to this subsection. In cases in which the court has conditioned legal custody or physical placement of the juvenile with the parent upon the parent's compliance with a plan of treatment, the court may charge the cost of the treatment to the county of the juvenile's residence if the court finds the parent is unable to pay the cost of the treatment. In all other cases, if the court finds the parent is unable to pay the cost of the treatment ordered pursuant to this subsection, the court may order the parent to receive treatment currently available from the area mental health program that serves the parent's catchment area.
(c) Whenever legal custody of a juvenile is vested in someone other than the juvenile's parent, after due notice to the parent and after a hearing, the court may order that the parent pay a reasonable sum that will cover in whole or in part the support of the juvenile after the order is entered. If the court requires the payment of child support, the amount of the payments shall be determined as provided in G.S. 50-13.4(c). If the court places a juvenile in the custody of a county department of social services and if the court finds that the parent is unable to pay the cost of the support required by the juvenile, the cost shall be paid by the county department of social services in whose custody the juvenile is placed, provided the juvenile is not receiving care in an institution owned or operated by the State or federal government or any subdivision thereof.
(d) Failure of a parent who is personally served to participate in or comply with subsections (a) through (c) may result in a civil proceeding for contempt."
Sec. 5. This act becomes effective December 1, 1996, and applies to dispositions for offenses committed on or after that date.
In the General Assembly read three times and ratified this the 21st day of June, 1996.
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Dennis A. Wicker
President of the Senate
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Harold J. Brubaker
Speaker of the House of Representatives