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December 1998 Administration of Justice Bulletin No. 98/03
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<br /> · conditions by which the juvenile agrees to
<br /> abide and any actions the juvenile agrees to
<br /> take:
<br /> conditions by which the parent, guardian, or
<br /> custodian agrees to abide and any actions that
<br /> person agrees to take:
<br /> · the court counselor's role in relation to the
<br /> juvenile and the parent, guardian, or
<br /> custodian:
<br /> · the length of the contract, which may not ex-
<br /> ceed six months; and
<br /> · the parties' understanding that thejuvehile's
<br /> violation of the contract may result in the
<br /> filing of a petition and that the juvedile's suc-
<br /> cessful completion of the contract will
<br /> preclude the filing of a petition.
<br />
<br /> The intake counselor must provide the parties with
<br />copies of the contract and notify any agency or
<br />resource from which any of them have agreed to seek
<br />services or treatmen[
<br /> Within sixty days after diverting a case, the intake
<br />counselor must detemune whether the juvenile and the
<br />parent, guardian, or custodian have complied with the
<br />terms of the diversion plan or contract. As part of
<br />doing that, the intake counselor must contact any refer-
<br />mi resource to determine whether the parties have
<br />complied ~vith uny reconunendafious for treaUnent or
<br />services. If the intake counselor determines that the
<br />juvenile and the parent, guardian, or custodian have
<br />not complied with a diversion plan or contract, he or
<br />she may either authorize the filing of the complaint as
<br />a petition within ten days after the determination, or
<br />continue to monitor the case for up to six months from
<br />the date of the plan or contract. During those six
<br />months, the intake counselor may reconsider the deci-
<br />sion to divert and authorize the filing oft petition uny
<br />time he or she determines that the parties have failed to
<br />comply with the plan or contract
<br /> If no petition is filed within six months from the
<br />date of a diversion plan or contract, the intake coun-
<br />selor must close the file. The intake counselor must
<br />retain the diversion plan or contract, however, until the
<br />juvenile reaches age eighteen or is no longer under the
<br />jurisdiction of the court, whichever is longer. Intake
<br />counselors may use these records to determine whether
<br />a juvenile has had a complaint diverted previously;
<br />however, they are not public records, are not part of
<br />the clerk's juvenile record, and must be withheld from
<br />public inspection.
<br />
<br />Magistrate's Role in the Filing of Petitions
<br />
<br /> New G.S. 7B-1804 authorizes a magistrate to
<br />"draw and veri~, the petition and accept it for filing,"
<br />when
<br />
<br /> I. the office of the clerk of court is closed, and
<br /> 2. an intake counselor requests a petition alleg-
<br /> ing that ajuvehile is delinquent or undisci,
<br /> plined, and
<br /> 3. a petition is required in order to obtain a
<br /> secure or nonsecure custody order.
<br />
<br /> In these circumstances, authorization by the chief
<br />district court judge is no longer required. The magis-
<br />trate's acceptance of the petition constitutes filing and
<br />commences the action. The petition must be delivered
<br />to the clerk's office for processing as soon as that
<br />office is open for business. ~
<br /> The wording of the comparable provision relating
<br />to abuse, neglect, and dependency petitions, in G.S,
<br />7B404, was not changed. In those cases, the chief
<br />district court judge may authorize a magistrate to
<br />"draw, verify, and issue petitions" at the request of the
<br />director of the department of social services when the
<br />clerk's office is closed.
<br />
<br />First Appearance in Felony Cases
<br />
<br /> When a delinquency, petition alleges that a juve-
<br />nile has committed a felony, the juvenile must be
<br />summoned for a first appearance within ten days after
<br />the filing of the petition, a procedure that did not exist
<br />under former law. If the juvehile is in secure or nonse-
<br />cure custody, the first appearance takes place at the
<br />first hearing on the need for continued custody, the
<br />requirements for which have not changed. If the juve-
<br />nile is not in custody, the court may continue the first
<br />appearance to a time certain, for good cause. At the
<br />first appearance, the court must
<br />
<br /> 1. inform the juvenile of the allegations in the
<br /> petition,
<br /> 2. appoint counsel for thejuvehile if the juvenile
<br /> is not represented by counsel,
<br /> 3. i.f applicable, inform the juvehile of the date
<br /> of the probable cause heartng (which must be
<br /> within fifteen days of the first appearance),
<br /> and
<br /> 4. inform the parent, guardian, or custodian that
<br /> he or she is required to attend all hearings
<br /> scheduled in the matter and may be held in
<br /> contempt for failing to do so.
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