Bill Summaries: H 261 RAISE MIN. AGE/JUVENILE JURISDICTION.

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  • Summary date: Mar 31 2021 - More information

    House committee substitute amends the 1st edition as follows.

    Eliminates the proposed repeal of GS 7B-1903(f), which prohibits using physical restraints on a juvenile less than 10 years old during transport when the court determines the juvenile needs an evaluation for medical or psychiatric treatment and there is no pending delinquency charge, unless determined to be reasonably necessary for safety (repeal was proposed to be effective four years from the date the act becomes law).

    Adds the following content.

    Adds the following defined terms to GS 7B-1501 as used in Subchapter II (Undisciplined and Delinquent Juveniles). Defines child consultation to mean any child at least 6 years of age and less than 10 who is referred to the Division of Juvenile Justice because it is deemed the child is in need of community resources or services, with provision of services authorized to the child and the child's parent, guardian or custodian. Make child consultation cases subject to Subchapter II's confidentiality provisions. Defines consultation complaint to mean a complaint made against a child who is at least 6 years old but less than 10 years old alleged to have committed an offense that would be considered an undisciplined or delinquent offense if committed by a juvenile over the age of 10; requires service by the juvenile court counselor as a child consultation. Enacts identical terms and definitions to GS 143B-805, applicable to Subpart B, Part 3 of Article 13, which governs the Juvenile Justice Section (Section) of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety.

    Enacts GS 7B-308.1 to require a juvenile court counselor to report to the respective county director of the department of social services (director) any time the juvenile court counselor has cause to suspect that a juvenile is abused, neglected, or dependent in the course of the counselor's provision and coordination of multidisciplinary service referrals for juveniles under the age of 10 pursuant to the counselor's duties under GS 143B-831, as amended by the act. Requires the director to immediately begin an assessment and authorizes the director to initiate juvenile proceedings and other appropriate steps authorized under Subchapter I (Abuse, Neglect and Dependency). Allows for the juvenile court counselor to ask the prosecutor to review a director's decision not to file a petition.

    Amends GS 7B-1700.1 to require a juvenile court counselor or any person who suspects a juvenile under the age of 10 who is receiving multidisciplinary services pursuant to GS 143B-831, as amended, is abused, neglected, or dependent, or has died as the result of maltreatment, to report to the appropriate county department of social services as required by GS 7B-308.1, as amended. 

    Adds to the preliminary inquiry requirements of juvenile court counselors under GS 7B-1701 to include inquiring as to jurisdiction of a juvenile under 10 who must be served as child consultation. Allows the juvenile court counselor to accept a complaint or child consultation for a child under the age of 10 that has insufficiencies fatal to other juvenile petitions. Makes conforming and clarifying changes. 

    Makes the time period set forth under GS 7B-1703 for a juvenile court counselor to evaluate a complaint and decide whether a complaint should be filed as a juvenile petition also applicable to a decision to file or handle as a child consultation complaint for a juvenile under 10. Requires the juvenile court counselor to obtain referral information upon determining the child must proceed to receiving a child consultation. Makes conforming changes. 

    Enacts GS 7B-1706.1 to require juvenile court counselors to provide case management services (including screenings, assessments, community resources and programming) for a child under age 10 but at least 6 under a child consultation for up to six months, with an extension permitted for up to three months with approval of the chief court counselor. 

    Makes conforming changes to clarify the application of summons requirements under GS 7B-1806.

    Enacts Article 34A to the Chapter to provide as follows. Requires the parent, guardian, or custodian of a child being provided services through a child consultation to attend all scheduled meetings with the juvenile court counselor subject to sufficient notice. Authorizes the juvenile court counselor to direct the parent, guardian, or custodian of a child being provided services through a child consultation to attend evidence-based parenting classes as available in the district of residency. Requires the juvenile court counselor to work with the parent, guardian, or custodian to obtain evaluations or treatment for the child as needed or recommended as part of the child consultation process, and to find means for paying for such services. Requires a juvenile court counselor to advise the parent, guardian, or custodian of the child to be directly involved and participate in the child's evaluation or treatment with written recommendations of a qualified physician, surgeon, or mental health provider if it is determined to be in the best interest of the child. Authorizes the juvenile court counselor to recommend the parent, guardian or custodian to undergo evaluation, treatment, or counseling with written orders or recommendations from a qualified mental or physical health provider directed toward remedying the behaviors or conditions that led or contributed to the child's receipt of a Child Consultation; provides for recommendations to seek funding for such evaluations and treatments. 

    Authorizes the juvenile court counselor to transport the parent, guardian, or custodian of a child receiving child consultation services and the child receiving services, in cases where the counselor is providing child consultation services, to the extent the counselor is able, in order to keep an appointment or comply with the recommendations of the juvenile court counselor. Requires collaboration with the parent, guardian, or custodian, the Department of Social Services, the LME/MCO, the local education authority, and all other involved community stakeholders, identified as the Child Family Team, who are required to be invited to all meetings scheduled with the child and parent, guardian, or custodian.

    Adds to the powers and duties of the Section under GS 143B-806 to include planning, developing, and coordinating comprehensive multidisciplinary services for children under 10 are receiving child consultation services. 

    Expands the definition of intensive intervention services as the term is used in the requirement for an annual evaluation of the services under GS 143B-811, to include evidence-based or research-supported community-based or residential services that are necessary for a juvenile to prevent further involvement in the juvenile justice system. 

    Adds to the powers and duties of juvenile court counselors under GS 143B-831 to include the provision and coordination of multidisciplinary service referrals for the prevention of juvenile delinquency and early intervention for juveniles, including children under the age of 10 who are in receipt of child consultation services. Enacts provisions mirroring the duty of a juvenile court counselor to report suspected abuse, neglect, or dependency under GS 7B-308.1 and GS 7B-1700.1, as amended. 

    Adds to the powers and duties of county Juvenile Crime Prevention Councils to include biennially reviewing and assessing on an ongoing basis the needs of youth in the county who are under the age of 10 who receive child consultation services.

    Amends GS 143B-853 to expand the definition of intensive intervention services as the term is used in the annual reporting requirement by the Section on the results of the services under GS 143B-853, to include evidence-based or research-supported community-based or residential services that are necessary for a juvenile to prevent deeper involvement in the juvenile justice system. 

    Maintains the act's effective date of December 1, 2021. Makes conforming changes to the act's long title. 


  • Summary date: Mar 10 2021 - More information

    Amends GS 7B-1501 to limit the scope of the defined terms delinquent juvenile and undisciplined juvenile, as used in Subchapter II, to juveniles at least 10 years old (was, at least 6 years old). 

    Similarly, amends GS 143B-805 to limit the scope of the defined terms delinquent juvenile and undisciplined juvenile, as used in Part 3 of Article 13 governing the Juvenile Justice Section of the Department of Public Safety, to juveniles at least 10 years old (was, at least 6 years old). 

    Applies to delinquent and undisciplined acts committed on or after the date the act becomes law.

    Effective four years from the date the act becomes law, repeals GS 7B-1903(f), which prohibits using physical restraints on a juvenile less than 10 years old during transport when the court determines the juvenile needs an evaluation for medical or psychiatric treatment and there is no pending delinquency charge, unless determined to be reasonably necessary for safety.

    Makes conforming changes to GS 7B-2102 to remove the age restrictions for fingerprinting and photographing juveniles (currently, requires juveniles be 10 years or older at the time of the offense).

    Makes conforming changes to GS 7B-2513 to remove the age restrictions for commitment of a delinquent juvenile to the Division of Adult Correction and Juvenile Justice for placement in a youth development center (currently, requires juveniles to be at least 10 years old).


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