§ 7B-506. Hearing to determine need for continued nonsecure custody. - North Carolina Statutes

§ 7B‑506.  Hearing todetermine need for continued nonsecure custody.

(a)        No juvenile shallbe held under a nonsecure custody order for more than seven calendar dayswithout a hearing on the merits or a hearing to determine the need forcontinued custody. A hearing on nonsecure custody conducted under thissubsection may be continued for up to 10 business days with the consent of thejuvenile's parent, guardian, custodian, or caretaker and, if appointed, thejuvenile's guardian ad litem. In addition, the court may require the consent ofadditional parties or may schedule the hearing on custody despite a party'sconsent to a continuance. In every case in which an order has been entered byan official exercising authority delegated pursuant to G.S. 7B‑502, a hearingto determine the need for continued custody shall be conducted on the day ofthe next regularly scheduled session of district court in the city or countywhere the order was entered if such session precedes the expiration of theapplicable time period set forth in this subsection: Provided, that if suchsession does not precede the expiration of the time period, the hearing may beconducted at another regularly scheduled session of district court in thedistrict where the order was entered.

(b)        At a hearing todetermine the need for continued custody, the court shall receive testimony andshall allow the guardian ad litem, or juvenile, and the juvenile's parent,guardian, custodian, or caretaker the right to introduce evidence, to be heardin the person's own behalf, and to examine witnesses. The State shall bear theburden at every stage of the proceedings to provide clear and convincingevidence that the juvenile's placement in custody is necessary. The court shallnot be bound by the usual rules of evidence at such hearings.

(c)        The court shall bebound by criteria set forth in G.S. 7B‑503 in determining whethercontinued custody is warranted.

(c1)      In determiningwhether continued custody is warranted, the court shall consider the opinion ofthe mental health professional who performed an evaluation under G.S. 7B‑503(b)before returning the juvenile to the custody of that individual.

(d)        If the courtdetermines that the juvenile meets the criteria in G.S. 7B‑503 and shouldcontinue in custody, the court shall issue an order to that effect. The ordershall be in writing with appropriate findings of fact and signed and enteredwithin 30 days of the completion of the hearing. The findings of fact shallinclude the evidence relied upon in reaching the decision and purposes whichcontinued custody is to achieve.

(e)        If the court ordersat the hearing required in subsection (a) of this section that the juvenileremain in custody, a subsequent hearing on continued custody shall be heldwithin seven business days of that hearing, excluding Saturdays, Sundays, andlegal holidays when the courthouse is closed for transactions, and pending ahearing on the merits, hearings thereafter shall be held at intervals of nomore than 30 calendar days.

(f)         Hearings conductedunder subsection (e) of this section may be waived only with the consent of thejuvenile's parent, guardian, custodian, or caretaker, and, if appointed, thejuvenile's guardian ad litem.

The court may require theconsent of additional parties or schedule a hearing despite a party's consentto waiver.

(g)        Reserved.

(h)        At each hearing todetermine the need for continued custody, the court shall:

(1)        Inquire as to theidentity and location of any missing parent and as to whether paternity is atissue. The court shall include findings as to the efforts undertaken to locatethe missing parent and to serve that parent, as well as efforts undertaken toestablish paternity when paternity is an issue. The order may provide forspecific efforts aimed at determining the identity and location of any missingparent, as well as specific efforts aimed at establishing paternity.

(2)        Inquire as towhether a relative of the juvenile is willing and able to provide proper careand supervision of the juvenile in a safe home. If the court finds that therelative is willing and able to provide proper care and supervision in a safehome, then the court shall order temporary placement of the juvenile with therelative unless the court finds that placement with the relative would becontrary to the best interests of the juvenile. In placing a juvenile innonsecure custody under this section, the court shall consider the Indian ChildWelfare Act, Pub. L. No. 95‑608, 25 U.S.C. §§ 1901, et seq., as amended,and the Howard M. Metzenbaum Multiethnic Placement Act of 1994, Pub. L. No. 103‑382,108 Stat. 4056, as amended, as they may apply. Placement of a juvenile with arelative outside of this State must be in accordance with the InterstateCompact on the Placement of Children set forth in Article 38 of this Chapter;and

(3)        Inquire as towhether there are other juveniles remaining in the home from which the juvenilewas removed and, if there are, inquire as to the specific findings of theassessment conducted under G.S. 7B‑302 and any actions taken or servicesprovided by the director for the protection of the other juveniles. (1979, c. 815, s. 1; 1981, c.469, s. 13; 1987 (Reg. Sess., 1988), c. 1090, s. 4; 1994, Ex. Sess., c. 27, s.1; 1997‑390, ss. 5, 6; 1998‑229, s. 4; 1998‑202, s. 6; 1998‑229,ss. 4.1, 21; 1999‑318, s. 5; 1999‑456, s. 60; 2001‑208, ss.16, 24; 2001‑487, s. 101; 2003‑337, s. 9; 2005‑55, s. 11;2007‑276, s. 1.)