GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 1999-309
The General Assembly of North Carolina enacts:
Section 1. G.S. 7B-1112, as enacted by S.L. 1998-202 and renumbered by the Codifier of Statutes as G.S. 7B-1113, reads as rewritten:
"§ 7B-1112. Appeals; modification of order after affirmation.
Any juvenile, parent, guardian, custodian, or agency who is a
party to a proceeding under this Article may appeal from an adjudication or any
order of disposition to the Court of Appeals, provided that notice of appeal is
given in open court at the time of the hearing or in writing within 10 days
after the hearing. entry of the order. Entry of an order shall
be treated in the same manner as entry of a judgment under G.S. 1A-1, Rule 58
of the North Carolina Rules of Civil Procedure. Pending disposition
of an appeal, the court may enter a temporary order affecting the custody or
placement of the juvenile as the court finds to be in the best interests
of the juvenile or the best interests of the State. Upon the affirmation of the
order of adjudication or disposition of the court in a juvenile case by the
Court of Appeals, or by the Supreme Court in the event of an appeal, the court
shall have authority to modify or alter its original order of adjudication or
disposition as the court finds to be in the best interests of the
juvenile to reflect any adjustment made by the juvenile or change in
circumstances during the period of time the case on appeal was pending,
provided that if the 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 the modifying order should be vacated or altered."
Section 2. G.S. 7B-2603, as enacted by S.L. 1998-202, reads as rewritten:
"§ 7B-2603. Right to appeal transfer decision.
(a) Notwithstanding G.S.
7B-2602, any order transferring jurisdiction of the district court in a
juvenile matter to the superior court may be appealed to the superior court for
a hearing on the record. Notice of the appeal must be given in open court
or in writing within 10 days after the transfer hearing in the district
court. entry of the order of transfer in district court. Entry of
an order shall be treated in the same manner as entry of a judgment under G.S.
1A-1, Rule 58 of the North Carolina Rules of Civil Procedure. A juvenile
who fails to appeal the transfer order to the superior court waives the right
to raise the issue of transfer before the Court of Appeals until final
disposition of the matter in superior court. The clerk of superior court
shall provide the district attorney with a copy of any written notice of appeal
filed by the attorney for the juvenile. Upon expiration of the 10 day
period in which an appeal may be entered, if an appeal has been entered and not
withdrawn, the clerk shall transfer the case to the superior court
docket. The superior court shall, within a reasonable time, review the
record of the transfer hearing for abuse of discretion by the juvenile court in
the issue of transfer. The superior court shall not review the findings
as to probable cause for the underlying offense.
(b) Once an order of transfer has been entered by the district court, the juvenile has the right to be considered for pretrial release as provided in G.S. 15A-533 and G.S. 15A-534. The release order shall specify the person or persons to whom the juvenile may be released. Pending release, the court shall order that the juvenile be detained in a detention facility while awaiting trial. The court may order the juvenile to be held in a holdover facility as defined by G.S. 7B-1501 at any time the presence of the juvenile is required in court for pretrial hearings or trial, if the court finds that it would be inconvenient to return the juvenile to the detention facility.
(c) If an appeal of the transfer order is taken, the superior court shall enter an order either (i) remanding the case to the juvenile court for adjudication or (ii) upholding the transfer order. If the superior court remands the case to juvenile court for adjudication and the juvenile has been granted pretrial release provided in G.S 15A-533 and G.S. 15A-534, the obligor shall be released from the juvenile's bond upon the district court's review of whether the juvenile shall be placed in secure or nonsecure custody as provided in G.S. 7B-1903.
(d) The superior court order shall be an interlocutory order, and the issue of transfer may be appealed to the Court of Appeals only after the juvenile has been convicted in superior court."
Section 3. G.S. 7B-3508, as enacted by S.L. 1998-202, reads as rewritten:
"§ 7B-3508. Appeals.
Any petitioner, parent, guardian, or custodian who is a party
to a proceeding under this Article may appeal from any order of disposition to
the Court of Appeals provided that notice of appeal is given in open court at
the time of the hearing or in writing within 10 days after the hearing. entry
of the order. Entry of an order shall be treated in the same manner as
entry of a judgment under G.S. 1A-1, Rule 58 of the North Carolina Rules of
Civil Procedure. Pending disposition of an appeal, the court may enter
a temporary order affecting the custody or placement of the petitioner as the
court finds to be in the best interests of the petitioner or the State."
Section 4. This act is effective October 1, 1999, and applies to actions filed on or after that date.
In the General Assembly read three times and ratified this the 8th day of July, 1999.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 9:30 p.m. this 15th day of July, 1999