§ 7B-2804. (For contingent repeal - see note) Return of runaways. - North Carolina Statutes

§ 7B‑2804.  (Forcontingent repeal – see note) Return of runaways.

(a)        The parent,guardian, person, or agency entitled to legal custody of a juvenile who has notbeen adjudged delinquent but who has run away without the consent of theparent, guardian, person, or agency may petition the appropriate court in thedemanding state for the issuance of a requisition for the juvenile's return.The petition shall state the name and age of the juvenile, the name of thepetitioner, and the basis of entitlement to the juvenile's custody, thecircumstances of the running away, the juvenile's location if known at the timeapplication is made, and any other facts that may tend to show that thejuvenile who has run away is endangering the juvenile's own welfare or the welfareof others and is not an emancipated minor. The petition shall be verified byaffidavit, shall be executed in duplicate, and shall be accompanied by twocertified copies of the document or documents on which the petitioner'sentitlement to the juvenile's custody is based, such as birth certificates,letters of guardianship, or custody decrees. Any further affidavits and otherdocuments as may be deemed proper may be submitted with the petition. The judgeof the court to which this application is made may hold a hearing thereon todetermine whether for the purposes of this Compact the petitioner is entitledto the legal custody of the juvenile, whether or not it appears that thejuvenile has in fact run away without consent, whether or not the juvenile isan emancipated minor, and whether or not it is in the best interests of thejuvenile to compel the juvenile's return to the state. If the judge determines,either with or without a hearing, that the juvenile should be returned, thejudge shall present to the appropriate court or to the executive authority ofthe state where the juvenile is alleged to be located a written requisition forthe return of the juvenile. The requisition shall set forth the name and age ofthe juvenile, the determination of the court that the juvenile has run awaywithout the consent of a parent, guardian, person, or agency entitled to legalcustody, and that it is in the best interests and for the protection of thejuvenile that the juvenile be returned. In the event that a proceeding for theadjudication of the juvenile as a delinquent, neglected, or dependent juvenileis pending in the court at the time when the juvenile runs away, the court mayissue a requisition for the return of the juvenile upon its own motion,regardless of the consent of the parent, guardian, person, or agency entitledto legal custody, reciting therein the nature and circumstances of the pendingproceeding. The requisition shall in every case be executed in duplicate andshall be signed by the judge. One copy of the requisition shall be filed withthe Compact Administrator of the demanding state, there to remain on filesubject to the provisions of law governing records of the court. Upon thereceipt of a requisition demanding the return of a juvenile who has run away,the court or the executive authority to whom the requisition is addressed shallissue an order to any peace officer or other appropriate person directing thatperson to take into custody and detain the juvenile. The detention order mustsubstantially recite the facts necessary to the validity of its issuancehereunder. No juvenile detained upon the order shall be delivered over to theofficer whom the court has appointed to receive the juvenile unless thejuvenile first is taken before a judge of a court in the state, who shallinform the juvenile of the demand made for the juvenile's return, and who maydetermine that counsel or guardian ad litem for the juvenile should beappointed. If the court finds that the requisition is in order, the court shalldeliver the juvenile over to the officer appointed to receive the juvenile bythe court demanding the juvenile. The court, however, may fix a reasonable timeto be allowed for the purpose of testing the legality of the proceeding.

Upon reasonable informationthat a person is a juvenile who has run away from another state party to thisCompact without the consent of a parent, guardian, person, or agency entitledto legal custody, the juvenile may be taken into custody without a requisitionand brought before a judge of the appropriate court who may determine thatcounsel or guardian ad litem for the juvenile should be appointed and who shalldetermine after a hearing whether sufficient cause exists to hold the person,subject to the order of the court, for the juvenile's own protection andwelfare, for such a time not exceeding 90 days as will enable the return of thejuvenile to another state party to this Compact pursuant to a requisition forreturn from a court of that state. In cases in which the court determines thatcounsel or guardian ad litem should be provided for the juvenile, appointmentshall be in accordance with rules adopted by the Office of Indigent DefenseServices. If, at the time when a state seeks the return of a juvenile who has runaway, there is pending in the state wherein the juvenile is found, any criminalcharge, or any proceeding to have the juvenile adjudicated a delinquentjuvenile for an act committed in the state, or if the juvenile is suspected ofhaving committed within the state a criminal offense or an act of juveniledelinquency, the juvenile shall not be returned without the consent of thestate until discharged from prosecution or other form of proceeding,imprisonment, detention, or supervision for the offense or juveniledelinquency. The duly accredited officers of any state party to this Compact,upon the establishment of their authority and the identity of the juvenilebeing returned, shall be permitted to transport the juvenile through any andall states party to this Compact, without interference. Upon return of thejuvenile to the state from which the juvenile ran away, the juvenile shall besubject to such further proceedings as may be appropriate under the laws ofthat state.

(b)        The state to whichthe juvenile is returned under this Article shall be responsible for payment ofthe transportation costs of return.

(c)        The term"juvenile" as used in this Article means any person who is a minorunder the law of the state of residence of the parent, guardian, person, oragency entitled to the legal custody of the minor. (1963, c. 910, s. 1; c. 1965,c. 925, s. 1; 1979, c. 815, s. 1; 1998‑202, s. 6; 2000‑144, s. 25.)