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December 1998 Administration of Justice Bulletin No. 98/03 Adjudicatory Hearing The new code requkes that ~e adjudicatory hear- ing for a juvenile alleged to be undisciplined or delin- quent be held "within a reasonable nme." As described above, however, the Adoption and Safe Farmlies Act, S.L. 1998-229 (H 1720), mends GS. 7A-629. effective January 1, 1999, to requi~e that an adjudicatou hearing be held no later than sixty days from the filing of the petition, unless the court orders that it be held at a later time. That section applies to a/l juvenile cases; thus, from January 1, 1999, until the new code becomes effective on Inly 1, 1999, this requirement applies to adjudicatory hearings for jure- roles alleged to be undisciplined or delinquent. Predisposition Report; Risk and Needs Assessment The new code continues former provisions relating to the preparation and disclosure of predispnsition re- ports. It adds a requ~'ement that a risk and needs assessment be conducted and attached to the report. The assessment must contain information about the juvenile's social, medical, psy. cltiaaic, psychological, and educational history, and factors indicating the probabili .ty that the juvenile will commit further delin- quent acts. Another new provision allows the court to proceed with a dispositional hearing without a predisposition report if no report is available and the court makes a written finding that one is not needed. The act directs the Office of Juvenile Justice (O J J) to develop a risk and needs assessment instrument and to consider including in it information about 1. the juvenile's living situation; 2. drug or alcohol use by the juvenile or a mem- ber of the juvenile's household or immediate family; 3. the juvenile's school attendance; and 4. the juvenile's family, including any criminal history. The OJJ must present the recommended instru- ment to the Joint Legislative Commission on Govern- mental Operations by May 1, 1999. Evaluation and Treatment of Undisciplined and Delinquent Juveniles After a juvenile is adjudicated undisciplined or delinquent, the court contJ_nues to have the authority to order that the juvenile be examined by a physician~ psychiatrist, psychologist, or other expert or, when there is evidence that the juvenile is mentally ill or developmentally disabled, to refer the juvenile to the area mental health, developmental disabilities, and substance abuse services agency. This authon ,ty and retatod provisions about heanng requirements and payment are can'ied over from former G.S. 7A-647(3) into new G.S. 7B-2502. In additior~ at, er a juvenile is adjudicated delin- quent, the court may require the juvenile to be tested for the use of controlled substances or alcohol. If the juvenile was adjudicated delinquent for an offense in- volving the possession, use, sale, or delivery of alcohol or a controlled substance, the court must order such testing within thirty days of the adjudication. Results of these initial tests may be used only for evalnation and Ixeatment purposes. Dispositions---Undisciplined Juveniles The dispositional alternatives available to the court in the case of an undisciplined juvenile remain the same, with important exceptions relating to protec- tive supervision and to enforcement. Protective Supervision The court may place aa undisciplined juvenile on protective supervision for a ma~xh'num of three months. with an emension of up to tlu'ee months in the courVs discretion. (The former maximum was one year.) The court may impose specific conditions of protective supervision. They mast be related to the juvenile's needs and may include conditions that the juvenile 1. remain on good behavior and not violate any laws; 2. attend school'regularly; 3. maintain passing grades in up to four courses during each grading period and meet ~ith the court counselor and a school representative to make a plan for maintaining passing grades: 4. not associate with specified persons or be in specified places; 5. abide by a prescribed curfew; 6. report to a court counselor as olden as required by a court couaselor; 7. be employed regularly if not attending school; and 8. satisfy any other conditions that the court de- termines are appropriate. 17