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December 1998 Administration of Justice Bulletin No. 95/05
<br />
<br /> 2. a deterrmnation, based on the Criminal his-
<br /> too', as to the individual's fitness to have
<br /> responsibility, for children.
<br />
<br /> These provisions apply to any placement of a child
<br />who is in the custody or placement responsibility, of a
<br />count).' depa~ u~,ent of social services on or after
<br />Januar).' I. 1999.
<br />
<br />New Juvenile Code
<br />
<br /> The Juvenile Justice Reform Act, S.L. 1998-202
<br />(S 1260). which is described below, includes a com-
<br />plete rewrite of the Juvenile Code as new G.S. Chapter
<br />7B, which becomes effective .ruly 1. 1.999. The new
<br />code incorporates the Changes described above.
<br />Otherwise, however, it makes very few changes in the
<br />law relating to abused, neglected, or dependent juve-
<br />niles or to termination of parental rights.
<br /> The new code separates provisions relating to
<br />abuse, neglect, and dependency, from those relating to
<br />undisciplined and delinquent juveniles, which the for-
<br />mer code often addressed together. As a result, it in-
<br />c[udes many wording changes and. in a few cases,
<br />makes substantive changes in an attempt to follow the
<br />probable intent of the former law. For example, former
<br />law required the clerk to issue a summons to the juve-
<br />nile m every juvemle case. The new code retains flint
<br />requirement only for juveniles who are alleged to be
<br />undisciplined or delinquent.
<br /> The Juvenile Justice Reform Act includes in the
<br />new code several existing statutes that relate to abuse,
<br />neglect, and dependency, but that have not been part of
<br />the Juvenile Code. The new code's provisions on pre-
<br />vention of abuse and neglect (formerly, Article tO of
<br />GS. Chapter I tO), delete the requirement that the State
<br />Board of Education designate the Interagency Advi-
<br />soo' Council on Commumty Schools in the Depart-
<br />ment of Public Instruction as the Advisory, Council on
<br />Prevention of Child Abuse and Neglect. Instead. it
<br />gives to the deparunent responsibilities formerly
<br />assigned to the division or council.
<br />
<br />Study
<br />
<br /> S.L. 1998-229 authorizes the Legislative Research
<br />Comlmssion to study other issues relating to abuse,
<br />neglect, dependency, and termination of parental
<br />rights, including proposals that were included in House
<br />Bill 1561 and Senate Bill 1513. The commission may
<br />report to the 1999 General Assembly on or before
<br />December [, 1999.
<br />
<br />Juvenile Justice Reform--
<br />Undisciplined and Delinquent
<br />Juveniles
<br /> In September. 1997, the Governor appointed the
<br />Governor's Commission on Juvenile Crime and Justice
<br />to conduct a thorough and comprehensive review of the
<br />state's juvenile justice system. The commission, aided
<br />by four advisory, coranuttees, looked at issues relating
<br />to { 1) prevention, (2) agency structure, (3) the Juvenile
<br />Code, and (4) sanctions for juvenile offenders.
<br /> In March. 1998. the comnussion issued its Final
<br />Report. containing sixty-one recommendmious for
<br />changes in the state's juvenile justice system and laws.
<br />Nearly identical bills (H 1.373 and S 1260) reflecting
<br />these recommendations occupied House and Senate
<br />Judiciary, Comnuttees for much of the 1998 session.
<br />The Juvenile lustice Reform Acc S.L. 1998-202 (S
<br />1260) includes a complete rewrite of the Juvenile Code
<br />and numerous other provisions relating to the conmus.
<br />sion's recommendations.
<br />
<br />Effective Dates
<br />
<br /> Agency Restructuring
<br /> The creation of the Office of Juvenile Justice and
<br />other provisions relating to agenc?' restmctunng are
<br />effective January, 1. 1999.
<br />
<br /> New Juvenile Code
<br /> The new Juvenile Code, Chapter 7B of the General
<br />Statutes, becomes effective luly 1.. 1999. Some agency
<br />directives and study provisions became effective when
<br />the act became law on October 27, 1998. The effective
<br />date for e,xistmg provisions'relating to the registration
<br />of certain juvenile sex offenders remains October 1,
<br />1999. (In reference to the luvenile Code in this
<br />summary, "former law" refers to Subchapter XI of G.S.
<br />Chapter 7A. which remains in effect through lune 30.
<br />1999; "new law" or "new code" refers to G.S, Chapter
<br />7B, which becomes effective July 1, 1999.)
<br />
<br /> Timing of Adjudicatory Hearing
<br /> The Adoption and Safe Families Act, S.L. 1998-
<br />229 (It 1720), discussed above, amends G,S. 7A-629.
<br />effective January 1. 1.999, to require that an adjudica-
<br />toEt hearing be held no later than si.~, days from the
<br />filing of the petition, unless the court orders that it be
<br />held at a later time. From January 1. 1999, through
<br />June 30, 1999, this requirement applies to cases of
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