Bill Summary for H 615 (2021-2022)
|View NCGA Bill Details||2021|
AN ACT TO ALLOW JUDGES TO TEMPORARILY RENEW A DOMESTIC VIOLENCE PROTECTIVE ORDER UPON THE TIMELY FILING OF A MOTION TO RENEW A DOMESTIC VIOLENCE PROTECTIVE ORDER AND TO AMEND THE REQUIREMENTS FOR CUSTODY MEDIATION.Intro. by Davis.
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Amends GS 7B-2502, which allows the court to order that a juvenile be examined by a physician, psychiatrist, psychologist, or other qualified expert as may be needed for the court to determine the juvenile's needs. Adds the requirement that the court, in the case of a juvenile with a suspected mental illness or developmental disability that has been adjudicated delinquent, order a comprehensive clinical assessment or other appropriate mental health assessment, unless the court finds an appropriate assessment has been conducted within the last 45 days before the adjudication hearing. Requires that the ordered assessment evaluate the juvenile's developmental, emotional, behavioral, and mental health needs. Adds that if an assessment ordered by the court under the statute, it must be reviewed before the date of disposition in the case. Requires a care review team to be assigned to the case if the court finds sufficient evidence that the juvenile has severe emotional disturbance, or a developmental disability, that, in the court's discretion, substantially contributed to the juvenile's delinquent behavior. Defines severe emotional disturbance (under GS 7B-1501) as a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet diagnostic criteria specified within DSM-5 that resulted in functional impairment that substantially interferes with or limits the child's role or functioning in family, school, or community activities in a person who is under the age of 18. Further amends the statute to require the care review team, which consists of specified individuals, to develop a recommendation plan for appropriate services and resources that address the juvenile's identified needs and submit the recommendation to the court in 30 calendar days. Requires the court to review the recommendation plan when determining the juvenile's disposition. Removes the already specified requirement that the court conduct a hearing to determine whether the juvenile is in need of medical, surgical, psychiatric, psychological, or other evaluation or treatment. Requires the county to pay for the evaluation or treatment if the court finds the parent or funding from the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety (was, parent only) is unable to pay the cost of evaluation or treatment. Deletes the requirement that the county department of social services recommend the facility that will provide the juvenile with evaluation or treatment. Amends all of subsection (c), concerning the referral of a juvenile to the area mental health, developmental disabilities, and substance abuse services director when the court believes, or if there is evidence presented to the effect, that the juvenile has a mental illness or a developmental disability, as well as the resulting duties and process. Effective October 1, 2021.