§ 7B-1703. Evaluation decision. - North Carolina Statutes

§ 7B‑1703.  Evaluationdecision.

(a)        The juvenile courtcounselor shall complete evaluation of a complaint within 15 days of receipt ofthe complaint, with an extension for a maximum of 15 additional days at thediscretion of the chief court counselor. The juvenile court counselor shalldecide within this time period whether a complaint shall be filed as a juvenilepetition.

(b)        Except as providedin G.S. 7B‑1706, if the juvenile court counselor determines that acomplaint should be filed as a petition, the counselor shall file the petitionas soon as practicable, but in any event within 15 days after the complaint isreceived, with an extension for a maximum of 15 additional days at thediscretion of the chief court counselor. The juvenile court counselor shallassist the complainant when necessary with the preparation and filing of thepetition, shall include on it the date and the words "Approved forFiling", shall sign it, and shall transmit it to the clerk of superiorcourt.

(c)        If the juvenilecourt counselor determines that a petition should not be filed, the juvenilecourt counselor shall notify the complainant immediately in writing withreasons for the decision and shall include notice of the complainant's right tohave the decision reviewed by the prosecutor. The juvenile court counselorshall sign the complaint after indicating on it:

(1)        The date of thedetermination;

(2)        The words "NotApproved for Filing"; and

(3)        Whether the matteris "Closed" or "Diverted and Retained".

Except as provided in G.S. 7B‑1706,any complaint not approved for filing as a juvenile petition shall be destroyedby the juvenile court counselor after holding the complaint for a temporaryperiod to allow review as provided in G.S. 7B‑1705. (1979, c. 815, s. 1; 1998‑202,s. 6; 2001‑490, s. 2.6.)