§ 7B-500. Taking a juvenile into temporary custody; civil and criminal immunity. - North Carolina Statutes

Article 5.

Temporary Custody;Nonsecure Custody; Custody Hearings.

§ 7B‑500.  Taking ajuvenile into temporary custody; civil and criminal immunity.

(a)        Temporary custodymeans the taking of physical custody and providing personal care andsupervision until a court order for nonsecure custody can be obtained. Ajuvenile may be taken into temporary custody without a court order by a lawenforcement officer or a department of social services worker if there arereasonable grounds to believe that the juvenile is abused, neglected, ordependent and that the juvenile would be injured or could not be taken intocustody if it were first necessary to obtain a court order. If a department ofsocial services worker takes a juvenile into temporary custody under this section,the worker may arrange for the placement, care, supervision, and transportationof the juvenile.

(b)        The followingindividuals shall, without a court order, take into temporary custody an infantunder seven days of age that is voluntarily delivered to the individual by theinfant's parent who does not express an intent to return for the infant:

(1)        A health careprovider, as defined under G.S. 90‑21.11, who is on duty or at a hospitalor at a local or district health department or at a nonprofit community healthcenter.

(2)        A law enforcementofficer who is on duty or at a police station or sheriff's department.

(3)        A social servicesworker who is on duty or at a local department of social services.

(4)        A certifiedemergency medical service worker who is on duty or at a fire or emergencymedical services station.

(c)        An individual whotakes an infant into temporary custody under subsection (b) of this sectionshall perform any act necessary to protect the physical health and well‑beingof the infant and shall immediately notify the department of social services ora local law enforcement agency. Any individual who takes an infant intotemporary custody under subsection (b) of this section may inquire as to theparents' identities and as to any relevant medical history, but the parent isnot required to provide the information. The individual shall notify the parentthat the parent is not required to provide the information.

(d)        Any adult may,without a court order, take into temporary custody an infant under seven daysof age that is voluntarily delivered to the individual by the infant's parentwho does not express an intent to return for the infant. Any individual whotakes an infant into temporary custody under this section shall perform any actnecessary to protect the physical health and well‑being of the infant andshall immediately notify the department of social services or a local lawenforcement agency. An individual who takes an infant into temporary custodyunder this subsection may inquire as to the parents' identities and as to anyrelevant medical history, but the parent is not required to provide theinformation. The individual shall notify the parent that the parent is notrequired to provide the information.

(e)        An individualdescribed in subsection (b) or (d) of this section is immune from any civil orcriminal liability that might otherwise be incurred or imposed as a result ofany omission or action taken pursuant to the requirements of subsection (c) or(d) of this section as long as that individual was acting in good faith. Theimmunity established by this subsection does not extend to gross negligence,wanton conduct, or intentional wrongdoing that would otherwise be actionable. (1979, c. 815, s. 1; 1985, c.408, s. 1; 1985 (Reg. Sess., 1986), c. 863, s. 1; 1994, Ex. Sess., c. 27, s. 2;1995, c. 391, s. 1; 1997‑443, s. 11A.118(a); 1998‑202, s. 6; 1999‑456,s. 60; 2001‑291, s. 2.)