§ 143B-516. Duties and powers of the Department of Juvenile Justice and Delinquency Prevention. - North Carolina Statutes

§ 143B‑516.  Duties andpowers of the Department of Juvenile Justice and Delinquency Prevention.

(a)        The head of theDepartment is the Secretary. The Secretary shall have the powers and dutiesconferred by this Chapter, delegated by the Governor, and conferred by theConstitution and laws of this State. The Secretary shall be responsible foreffectively and efficiently organizing the Department to promote the policy ofthe State as set forth in this Article and to promote public safety and toprevent the commission of delinquent acts by juveniles.

(b)        The Secretary shallhave the following powers and duties:

(1)        Give leadership tothe implementation as appropriate of State policy that requires that youthdevelopment centers be phased out as populations diminish.

(2)        Close a State youthdevelopment center when its operation is no longer justified and transfer Statefunds appropriated for the operation of that youth development center to fundcommunity‑based programs, to purchase care or services for predelinquents,delinquents, or status offenders in community‑based or other appropriateprograms, or to improve the efficiency of existing youth development centers,after consultation with the Joint Legislative Commission on GovernmentalOperations.

(3)        Administer a soundadmission or intake program for juvenile facilities, including the requirementof a careful evaluation of the needs of each juvenile prior to acceptance andplacement.

(4)        Operate juvenilefacilities and implement programs that meet the needs of juveniles receivingservices and that assist them to become productive, responsible citizens.

(5)        Adopt rules toimplement this Article and the responsibilities of the Secretary and theDepartment under Chapter 7B of the General Statutes. The Secretary may adoptrules applicable to local human services agencies providing juvenile court anddelinquency prevention services for the purpose of program evaluation, fiscalaudits, and collection of third‑party payments.

(6)        Ensure a statewideand uniform system of juvenile intake, protective supervision, probation, andpost‑release supervision services in all district court districts of theState. The system shall provide appropriate, adequate, and uniform services toall juveniles who are alleged or found to be undisciplined or delinquent.

(7)        Establish proceduresfor substance abuse testing for juveniles adjudicated delinquent for substanceabuse offenses.

(8)        Plan, develop, andcoordinate comprehensive multidisciplinary services and programs statewide forthe prevention of juvenile delinquency, early intervention, and rehabilitationof juveniles.

(9)        Develop standards,approve yearly program evaluations, and make recommendations based on theevaluations to the General Assembly concerning continuation funding.

(10)      Collect expense datafor every program operated and contracted by the Department.

(11)      Develop a formula forfunding, on a matching basis, juvenile court and delinquency preventionservices as provided for in this Article. This formula shall be based upon thecounty's or counties' relative ability to fund community‑based programsfor juveniles.

Localgovernments receiving State matching funds for programs under this Article mustmaintain the same overall level of effort that existed at the time of the filingof the county assessment of juvenile needs with the Department.

(12)      Assist localgovernments and private service agencies in the development of juvenile courtservices and delinquency prevention services and provide information on theavailability of potential funding sources and assistance in making applicationfor needed funding.

(13)      Develop andadminister a comprehensive juvenile justice information system to collect dataand information about delinquent juveniles for the purpose of developing treatmentand intervention plans and allowing reliable assessment and evaluation of theeffectiveness of rehabilitative and preventive services provided to delinquentjuveniles.

(14)      Coordinate State‑levelservices in relation to delinquency prevention and juvenile court services sothat any citizen may go to one place in State government to receive informationabout available juvenile services.

(15)      Appoint the chiefcourt counselor in each district upon the recommendation of the chief districtcourt judge of that district.

(16)      Develop a statewideplan for training and professional development of chief court counselors, courtcounselors, and other personnel responsible for the care, supervision, andtreatment of juveniles. The plan shall include attendance at appropriateprofessional meetings and opportunities for educational leave for academicstudy.

(17)      Study issues relatedto qualifications, salary ranges, appointment of personnel on a merit basis,including chief court counselors, court counselors, secretaries, and otherappropriate personnel, at the State and district levels in order to adoptappropriate policies and procedures governing personnel.

(17a)    Set, in consultationwith the Office of State Personnel, the salary supplement paid to teachers,instructional support personnel, and school‑based administrators who areemployed at juvenile facilities and are licensed by the State Board ofEducation. The salary supplement shall be at least five percent (5%), but notmore than the percentage supplement they would receive if they were employed inthe local school administrative unit where the job site is located. Thesesalary supplements shall not be paid to central office staff. Nothing in thissubdivision shall be construed to include "merit pay" under the term"salary supplement".

(18)      Designate persons, asnecessary, as State juvenile justice officers, to provide for the care andsupervision of juveniles placed in the physical custody of the Department.

(c)        Except as otherwisespecifically provided in this Article and in Article 1 of this Chapter, theSecretary shall prescribe the functions, powers, duties, and obligations ofevery agency or division in the Department.

(d)        Where Departmentstatistics indicate the presence of minority youth in juvenile facilitiesdisproportionate to their presence in the general population, the Departmentshall develop and recommend appropriate strategies designed to ensure fair andequal treatment in the juvenile justice system.

(e)        The Department mayprovide consulting services and technical assistance to courts, law enforcementagencies, and other agencies, local governments, and public and privateorganizations. The Department may develop or assist Juvenile Crime PreventionCouncils in developing community needs, assessments, and programs relating tothe prevention and treatment of delinquent and undisciplined behavior.

(f)         The Departmentshall develop a cost‑benefit model for each State‑funded program.Program commitment and recidivism rates shall be components of the model.  (1998‑202, ss. 1(b),2(b), 2(f); 1998‑217, ss. 57(2), 57(3); 2000‑137, s. 1(b); 2001‑95,s. 5; 2001‑490, s. 2.40; 2003‑284, s. 17.2(a); 2005‑276, s.29.19(b); 2006‑203, s. 111; 2008‑118, s. 3.12(c).)