§ 7B-2502. Evaluation and treatment of undisciplined and delinquent juveniles. - North Carolina Statutes

§ 7B‑2502.  Evaluationand treatment of undisciplined and delinquent juveniles.

(a)        In any case, thecourt may order that the juvenile be examined by a physician, psychiatrist,psychologist, or other qualified expert as may be needed for the court to determinethe needs of the juvenile. In the case of a juvenile adjudicated delinquent forcommitting an offense that involves the possession, use, sale, or delivery ofalcohol or a controlled substance, the court shall require the juvenile to betested for the use of controlled substances or alcohol within 30 days of theadjudication. In the case of any juvenile adjudicated delinquent, the courtmay, if it deems it necessary, require the juvenile to be tested for the use ofcontrolled substances or alcohol. The results of these initial tests conductedpursuant to this subsection shall be used for evaluation and treatment purposesonly. In placing a juvenile in out‑of‑home care under this section,the court shall also consider whether it is in the juvenile's best interest toremain in the juvenile's community of residence.

(b)        Upon completion ofthe examination, the court shall conduct a hearing to determine whether thejuvenile is in need of medical, surgical, psychiatric, psychological, or otherevaluation or treatment and who should pay the cost of the evaluation ortreatment. The county manager, or any other person who is designated by thechair of the board of county commissioners, of the county of the juvenile'sresidence shall be notified of the hearing, and allowed to be heard. If thecourt finds the juvenile to be in need of medical, surgical, psychiatric,psychological, or other evaluation or treatment, the court shall permit theparent, guardian, custodian, or other responsible persons to arrange for evaluationor treatment. If the parent, guardian, or custodian declines or is unable tomake necessary arrangements, the court may order the needed evaluation ortreatment, surgery, or care, and the court may order the parent to pay the costof the care pursuant to Article 27 of this Chapter. If the court finds theparent is unable to pay the cost of evaluation or treatment, the court shallorder the county to arrange for evaluation or treatment of the juvenile and topay for the cost of the evaluation or treatment. The county department ofsocial services shall recommend the facility that will provide the juvenilewith evaluation or treatment.

(c)        If the courtbelieves, or if there is evidence presented to the effect that the juvenile ismentally ill or is developmentally disabled, the court shall refer the juvenileto the area mental health, developmental disabilities, and substance abuseservices director for appropriate action. A juvenile shall not be committeddirectly to a State hospital or mental retardation center; and orderspurporting to commit a juvenile directly to a State hospital or mentalretardation center except for an examination to determine capacity to proceedshall be void and of no effect. The area mental health, developmentaldisabilities, and substance abuse director shall be responsible for arrangingan interdisciplinary evaluation of the juvenile and mobilizing resources tomeet the juvenile's needs. If institutionalization is determined to be the bestservice for the juvenile, admission shall be with the voluntary consent of theparent, guardian, or custodian. If the parent, guardian, or custodian refusesto consent to a mental hospital or retardation center admission after suchinstitutionalization is recommended by the area mental health, developmentaldisabilities, and substance abuse director, the signature and consent of thecourt may be substituted for that purpose. In all cases in which a regionalmental hospital refuses admission to a juvenile referred for admission by thecourt and an area mental health, developmental disabilities, and substanceabuse director or discharges a juvenile previously admitted on court referralprior to completion of the juvenile's treatment, the hospital shall submit tothe court a written report setting out the reasons for denial of admission ordischarge and setting out the juvenile's diagnosis, indications of mentalillness, indications of need for treatment, and a statement as to the locationof any facility known to have a treatment program for the juvenile in question.(1979, c. 815,s. 1; 1981, c. 469, s. 19; 1985, c. 589, s. 5; c. 777, s. 1; 1985 (Reg. Sess.,1986), c. 863, s. 2; 1991, c. 636, s. 19(a); 1995 (Reg. Sess., 1996), c. 609,s. 3; 1997‑516, s. 1A; 1998‑202, s. 6; 1998‑229, s. 6; 2002‑164,s. 4.9.)