A BILL TO BE ENTITLED
AN ACT to implement the juvenile justice reinvestment act based on legislative recommendations of the juvenile jurisdiction advisory committee.
The General Assembly of North Carolina enacts:

part i. youth detention centers commitment changes
SECTION 1.(a)  G.S. 7B‑2513 reads as rewritten:
"§ 7B‑2513.  Commitment of delinquent juvenile to Division.
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(a2)	For an offense the juvenile committed while the juvenile was at least 16 years of age but less than 17 years of age, the term shall not exceed:
(1)	The twenty‑first birthday of the juvenile if the juvenile has been committed to the Division for an offense that would be first‑degree murder pursuant to G.S. 14‑17, first‑degree forcible rape pursuant to G.S. 14‑27.21, first‑degree statutory rape pursuant to G.S. 14‑27.24, first‑degree forcible sexual offense pursuant to G.S. 14‑27.26, or first‑degree statutory sexual offense pursuant to G.S. 14‑27.29 if committed by an adult;
(2)	The twentieth birthday of the juvenile if the juvenile has been committed to the Division for an offense that would be a Class B1, B2, C, D, or E felony if committed by an adult, other than an offense set forth in subdivision (1) of this subsection; or
(3)	The juvenile's nineteenth birthday if the juvenile has been committed to the Division for an offense other than an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult.
(a3)	For an offense the juvenile committed while the juvenile was at least 17 years of age, the term shall not exceed:
(1)	The twenty‑first birthday of the juvenile if the juvenile has been committed to the Division for an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult; or
(2)	The juvenile's twentieth birthday if the juvenile has been committed to the Division for an offense other than an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult.
…."
SECTION 1.(b)  G.S. 7B‑1601(b1) reads as rewritten:
"(b1)	When the court obtains jurisdiction over a juvenile alleged to be delinquent for an offense committed while the juvenile was at least 16 years of age but less than 17 years of age, jurisdiction shall continue until terminated by order of the court or until the juvenile reaches the age of 19 years, except as provided otherwise in this Article. If the offense was committed while the juvenile was at least 17 years of age, jurisdiction shall continue until terminated by order of the court or until the juvenile reaches the age of 20 years, except as provided otherwise in this Article."
SECTION 1.(c)  G.S. 7B‑1602 reads as rewritten:
"§ 7B‑1602.  Extended jurisdiction over a delinquent juvenile under certain circumstances.
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(b)	When a juvenile is committed to the Division for placement in a youth development center for an offense committed under the age of 16 that would be a Class B1, B2, C, D, or E felony if committed by an adult, other than an offense set forth in subsection (a) of this section, jurisdiction shall continue until terminated by order of the court or until the juvenile reaches the age of 19 years, whichever occurs first.
(c)	When a juvenile is committed to the Division for placement in a youth development center for an offense committed while the juvenile was at least 16 years of age but less than 17 years of age that would be a Class B1, B2, C, D, or E felony if committed by an adult, other than an offense set forth in subsection (a) of this section, jurisdiction shall continue until terminated by order of the court or until the juvenile reaches the age of 20 years, whichever occurs first.
(d)	When a juvenile is committed to the Division for placement in a youth development center for an offense committed while at least 17 years of age that would be a Class B1, B2, C, D, or E felony if committed by an adult, other than an offense set forth in subsection (a) of this section, jurisdiction shall continue until terminated by order of the court or until the juvenile reaches the age of 21 years, whichever occurs first."
SECTION 1.(d)  G.S. 7B‑2514(c) reads as rewritten:
"(c)	The Division shall release a juvenile under a plan of post‑release supervision at least 90 days prior to one of the following:
(1)	Completion of the juvenile's definite term of commitment.
(2)	The juvenile's twenty‑first birthday if the juvenile has been committed to the Division for an offense that would be first‑degree murder pursuant to G.S. 14‑17, first‑degree forcible rape pursuant to G.S. 14‑27.21, first‑degree statutory rape pursuant to G.S. 14‑27.24, first‑degree forcible sexual offense pursuant to G.S. 14‑27.26, or first‑degree statutory sexual offense pursuant to G.S. 14‑27.29 if committed by an adult.
(3)	If the juvenile has been committed to the Division for an offense that would be a Class B1, B2, C, D, or E felony if committed by an adult, other than an offense set forth in G.S. 7B‑1602(a):
a.	The juvenile's nineteenth birthday, if the juvenile committed the offense prior to reaching the age of 16 years.
b.	The juvenile's twentieth birthday, if the juvenile committed the offense while the juvenile was at least 16 years of age but less than 17 years of age.
c.	The juvenile's twenty‑first birthday, if the juvenile committed the offense while the juvenile was at least 17 years of age.
(4)	If the juvenile has been committed to the Division for an offense other than an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult:
a.	The eighteenth birthday of the juvenile, if the juvenile committed the offense prior to reaching the age of 16 years.
b.	The nineteenth birthday of the juvenile, if the juvenile committed the offense while the juvenile was at least 16 years of age but less than 17 years of age.
c.	The twentieth birthday of the juvenile, if the juvenile committed the offense while the juvenile was at least 17 years of age."
SECTION 1.(e)  G.S. 7B‑2516(c) reads as rewritten:
"(c)	If the court revokes post‑release supervision, the juvenile shall be returned to the Division for placement in a youth development center for an indefinite term of at least 90 days, provided, however, that no juvenile shall remain committed to the Division for placement in a youth development center past the maximum term of commitment allowed pursuant to G.S. 7B‑2513(a1), 7B‑2513(a2), and 7B‑2513(a3).

	"
SECTION 1.(f)  G.S. 7B‑2600 reads as rewritten:
"§ 7B‑2600.  Authority to modify or vacate.
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(c)	In any case where the court finds the juvenile to be undisciplined, the jurisdiction of the court to modify any order or disposition made in the case shall continue during the minority of the juvenile or until terminated by order of the court.
(d)	In any case where the court finds the juvenile to be delinquent, the jurisdiction of the court to modify any order or disposition made in the case shall continue until one of the following occurs:
(1)	The juvenile reaches the age of 18 for an offense committed prior to the juvenile reaching the age of 16.
(2)	The juvenile reaches the age of 19 for an offense committed while the juvenile was at least 16 years of age but less than 17 years of age.
(3)	The juvenile reaches the age of 20 for an offense committed while the juvenile was at least 17 years of age.
(4)	The juvenile reaches the maximum term of commitment as authorized pursuant to G.S. 7B‑2513(a1), 7B‑2513(a2), and 7B‑2513(a3), if the juvenile was committed to the Division for placement in a youth development center.
(5)	Terminated by order of the court."

Part ii. juvenile transfer housing changes
SECTION 2.  G.S. 7B‑2204(d) reads as rewritten:
"(d)	Should the juvenile be found guilty, or enter a plea of guilty or no contest to a criminal offense in superior court and receive an active sentence, then immediate transfer to the Division of Adult Correction and Juvenile Justice of the Department of Public Safety shall be ordered. Until such time as the juvenile is transferred to the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, the juvenile may be detained in a holdover facility or detention facility approved by the Juvenile Justice Section."

part iii. secure custody order changes
SECTION 3.(a)  G.S. 7A‑271 is amended by adding a new subsection to read:
"(g)	The superior court has jurisdiction to issue a secure custody order pursuant to G.S. 7B‑1903 when a juvenile matter that has been transferred to superior court is remanded to district court pursuant to G.S. 7B‑2200.5(d)."
SECTION 3.(b)  G.S. 7B‑1902 reads as rewritten:
"§ 7B‑1902.  Authority to issue custody orders; delegation.
In the case of any juvenile alleged to be within the jurisdiction of the court, when the court finds it necessary to place the juvenile in custody, the court may order that the juvenile be placed in secure or nonsecure custody pursuant to criteria set out in G.S. 7B‑1903.
Any district court judge may issue secure and nonsecure custody orders pursuant to G.S. 7B‑1903. The chief district court judge may delegate the court's authority to the chief court counselor or the chief court counselor's counseling staff by administrative order filed in the office of the clerk of superior court. The administrative order shall specify which persons may be contacted for approval of a secure or nonsecure custody order. The chief district court judge shall not delegate the court's authority to detain or house juveniles in holdover facilities pursuant to G.S. 7B‑1905 or G.S. 7B‑2513.
Any superior court judge may issue a secure custody order pursuant to G.S. 7B‑1903 when a juvenile matter that has been transferred to superior court is remanded to district court pursuant to G.S. 7B‑2200.5(d)."
SECTION 3.(c)  G.S. 7B‑1906 is amended by adding a new subsection to read:
"(b2)	A hearing to determine the need for continued secure custody shall be held no more than 10 calendar days following the issuance of a secure custody order on remand of the matter from superior court pursuant to G.S. 7B‑2200.5(d). A hearing conducted under this subsection may not be continued or waived. Subsequent hearings on the need for continued secure custody shall be held pursuant to subsection (b1) of this section. The district court has authority to modify any secure custody order pursuant to the provisions of this section following the issuance of that order by the superior court."
SECTION 3.(d)  G.S. 7B‑2200.5(d) reads as rewritten:
"(d)	In any case where jurisdiction over a juvenile has been transferred to superior court, upon joint motion of the prosecutor and the juvenile's attorney, the superior court shall remand the case to district court. The prosecutor shall provide the chief court counselor or his or her designee with a copy of the joint motion prior to submitting the motion to the court. The superior court shall expunge the superior court record in accordance with G.S. 15A‑145.8 at the time of remand, and, if the juvenile meets the criteria established in G.S. 7B‑1903, may issue an order for secure custody upon the request of a prosecutor. The prosecutor shall provide a copy of any secure custody order issued to the chief court counselor or his or her designee, as soon as possible and no more than 24 hours after the order is issued."

Part iv. prosecutorial discretion for E through g felonies for juveniles
SECTION 4.  G.S. 7B‑2200.5 reads as rewritten:
"§ 7B‑2200.5.  Transfer of jurisdiction of a juvenile at least 16 years of age to superior court.
(a)	If a juvenile was 16 years of age or older at the time the juvenile allegedly committed an offense that would be a Class A, B1, B2, C, D, E, F, or G felony if committed by an adult, the court shall transfer jurisdiction over the juvenile to superior court for trial as in the case of adults unless the prosecutor declines to prosecute in superior court as provided in subsection (a1) of this section after either of the following:
(1)	Notice to the juvenile and a finding by the court that a bill of indictment has been returned against the juvenile charging the commission of an offense that constitutes a Class A, B1, B2, C, D, E, F, or G felony if committed by an adult.
(2)	Notice, hearing, and a finding of probable cause that the juvenile committed an offense that constitutes a Class A, B1, B2, C, D, E, F, or G felony if committed by an adult.
(a1)	The prosecutor may decline to prosecute in superior court a matter that would otherwise be subject to mandatory transfer pursuant to subsection (a) of this section if the juvenile has allegedly committed an offense that would be a Class D, E, F, or G felony if committed by an adult. If the prosecutor declines to prosecute the matter in superior court, jurisdiction over the juvenile shall remain in juvenile court following a finding of probable cause pursuant to G.S. 7B‑2202. Prior to adjudication, the prosecutor may choose to transfer the matter pursuant to subsection (a) of this section if the juvenile has allegedly committed an offense that would be a Class D, E, F, or G felony if committed by an adult.
…."

part v. minimum age of juvenile jurisdiction
SECTION 5.(a)  Article 3 of Chapter 7B of the General Statutes is amended by adding a new section to read:
"§ 7B‑308.1.  Authority of juvenile court counselor.
Any time a juvenile court counselor has cause to suspect, in the course of the provision and coordination of multidisciplinary service referrals for juveniles under the age of 10 pursuant to G.S. 143B‑831(17.1), that the juvenile is abused, neglected, or dependent, the juvenile court counselor shall make a report to the director as required by G.S. 7B‑301. The director shall immediately begin an assessment of the case and may initiate juvenile proceedings and take all other steps authorized by the regular provisions of this Subchapter. If the director decides not to file a petition, the juvenile court counselor or the chief court counselor may ask the prosecutor to review this decision according to the provisions of G.S. 7B‑305 and G.S. 7B‑306."
SECTION 5.(b)  G.S. 7B‑1501 reads as rewritten:
"§ 7B‑1501.  Definitions.
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(3a)	Community‑based program. – A program providing nonresidential or residential treatment to a juvenile under the jurisdiction of the juvenile court in the community where the juvenile's family lives. A community‑based program may include specialized foster care, family counseling, shelter care, and other appropriate treatment.
(3b)	Child Consultation. – Any child while less than 10 years of age but at least 6 years of age, who is referred to the Division of Juvenile Justice because it is deemed the child is in need of community resources or services. Services shall be provided to the child and the child's parent, guardian, or custodian of a child pursuant to G.S. 7B‑1706.1. The court may exercise jurisdiction over the parent, guardian, or custodian, as provided in G.S. 7B‑1605, for noncompliance with recommended services. Child Consultation cases are subject to confidentiality laws provided in Subchapter III of this Chapter.
(3c)	Consultation complaint. – A complaint made against any child while less than 10 years of age but at least 6 years of age, alleged to have committed an offense that would be considered a delinquent offense if committed by a juvenile over the age of 10. These children shall be served by a Juvenile Court Counselor as a Child Consultation.
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(7)	Delinquent juvenile. –
a.	Any juvenile who, while less than 16 years of age but at least 10 years of age, commits a crime or infraction under State law or under an ordinance of local government, including violation of the motor vehicle laws, or who commits indirect contempt by a juvenile as defined in G.S. 5A‑31.
b.	Any juvenile who, while less than 18 years of age but at least 16 years of age, commits a crime or an infraction under State law or under an ordinance of local government, excluding all violations of the motor vehicle laws under Chapter 20 of the General Statutes, or who commits indirect contempt by a juvenile as defined in G.S. 5A‑31.
…."
SECTION 5.(c)  Article 16 of Chapter 7B of the General Statutes is amended by adding a new section to read:
"§ 7B‑1605.  Jurisdiction over parents in Child Consultations.
(a)	The court has exclusive, original jurisdiction over the parent, guardian, or custodian of any child under the age of 10 who is receiving Child Consultation services.
(b)	When the court obtains jurisdiction over a parent, guardian, or custodian alleged to be in noncompliance with Child Consultation recommendations, jurisdiction shall continue for up to nine months or until terminated by order of the court."
SECTION 5.(d)  G.S. 7B‑1700.1 reads as rewritten:
"§ 7B‑1700.1.  Duty to report abuse, neglect, dependency.
Any time a juvenile court counselor or any person has cause to suspect that a juvenile or child is abused, neglected, or dependent, or has died as the result of maltreatment, the juvenile court counselor or the person shall make a report to the county department of social services as required by G.S. 7B‑301, or, in the case of a child under the age of 10 who is receiving service pursuant to G.S. 143B‑831(17.1), the juvenile court counselor shall make a report to the director of the county department of social services as required by G.S. 7B‑308.1."
SECTION 5.(e)  G.S. 7B‑1701 reads as rewritten:
"§ 7B‑1701.  Preliminary inquiry.
When a complaint is received, the juvenile court counselor shall make a preliminary determination as to whether the juvenile is within the jurisdiction of the court as a delinquent or undisciplined juvenile or is under 10 and shall be served as Child Consultation. If the juvenile court counselor finds that the facts contained in the complaint do not state a case within the jurisdiction of the court, that legal sufficiency has not been established, or that the matters alleged are frivolous, the juvenile court counselor, without further inquiry, shall refuse authorization to file the complaint as a juvenile petition, but may accept the complaint or Child Consultation for a child under the age of 10.
If a complaint against the juvenile has not been previously received, as determined by the juvenile court counselor, the juvenile court counselor shall make reasonable efforts to meet with the juvenile and the juvenile's parent, guardian, or custodian if the offense is divertable.
When requested by the juvenile court counselor, the prosecutor shall assist in determining the sufficiency of evidence as it affects the quantum of proof and the elements of offenses for a delinquent or undisciplined complaint.
…."
SECTION 5.(f)  G.S. 7B‑1703 reads as rewritten:
"§ 7B‑1703.  Evaluation decision.
(a)	The juvenile court counselor shall complete evaluation of a complaint within 15 days of receipt of the complaint, with an extension for a maximum of 15 additional days at the discretion of the chief court counselor. The juvenile court counselor shall decide within this time period whether a complaint shall be filed as a juvenile petition or as a Child Consultation complaint for a child under 10 years of age.
(b)	Except as provided in G.S. 7B‑1501(7) and G.S. 7B‑1706, if the juvenile court counselor determines that a complaint should be filed as a petition, the counselor shall file the petition as soon as practicable, but in any event within 15 days after the complaint is received, with an extension for a maximum of 15 additional days at the discretion of the chief court counselor. The juvenile court counselor shall assist the complainant when necessary with the preparation and filing of the complaint, shall include on it the date and the words "Approved for Filing", shall sign it, and shall transmit it to the clerk of superior court.
(c)	Except as provided in G.S. 7B‑1705(7), if the juvenile court counselor determines that a petition should not be filed, the juvenile court counselor shall notify the complainant and the victim, if the complainant is not the victim, immediately in writing with specific reasons for the decision, whether or not legal sufficiency was found, and whether the matter was closed or diverted and retained, and shall include notice of the complainant's and victim's right to have the decision reviewed by the prosecutor. The juvenile court counselor shall sign the complaint after indicating on it:
(1)	The date of the determination;
(2)	The words "Not Approved for Filing"; and
(3)	Whether the matter is "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 destroyed by the juvenile court counselor after holding the complaint for a temporary period to allow review as provided in G.S. 7B‑1705.
(d)	If the juvenile court counselor determines that the child under age 10 shall proceed to receiving a Child Consultation, the juvenile court counselor shall obtain referral information."
SECTION 5.(g)  Article 17 of Chapter 7B of the General Statutes is amended by adding a new section to read:
"§ 7B‑1706.1.  Child Consultation services.
For a child under 10 years of age, the juvenile court counselor shall serve the child under a Child Consultation for up to six months providing case management services. An extension of Child Consultation services may be made for up to three months at the approval of the Chief Court Counselor. As part of case management services, the juvenile court counselor shall provide screenings, assessments, community resources, and programming to the child and the parent, legal guardian, or custodian."
SECTION 5.(h)  G.S. 7B‑1805 reads as rewritten:
"§ 7B‑1805.  Issuance of summons.
(a)	Immediately after a petition has been filed alleging that a juvenile is undisciplined or delinquent, or a petition has been filed alleging that a parent, guardian, or custodian is in noncompliance with Child Consultation recommendations, the clerk shall issue a summons to the juvenile and to the parent, guardian, or custodian requiring them to appear for a hearing at the time and place stated in the summons. A copy of the petition shall be attached to each summons.
(b)	A summons shall be on a printed form supplied by the Administrative Office of the Courts and shall include:
(1)	Notice of the nature of the proceeding and the purpose of the hearing scheduled on the summons.
(2)	Notice of any right to counsel and information about how to seek the appointment of counsel prior to a hearing.
(3)	Notice that, if the court determines at the adjudicatory hearing that the allegations of the petition are true, the court will conduct a dispositional hearing and will have jurisdiction to enter orders affecting substantial rights of the juvenile and of the parent, guardian, or custodian, including orders that:
a.	Affect the juvenile's custody;
b.	Impose conditions on the juvenile;
c.	Require that the juvenile receive medical, psychiatric, psychological, or other treatment and that the parent participate in the treatment;
d.	Require the parent to undergo psychiatric, psychological, or other treatment or counseling;
e.	Order the parent to pay for treatment that is ordered for the juvenile or the parent; and
f.	Order the parent to pay support for the juvenile for any period the juvenile does not reside with the parent or to pay attorneys' fees or other fees or expenses as ordered by the court.
(4)	Notice that the parent, guardian, or custodian shall be required to attend scheduled hearings and that failure without reasonable cause to attend may result in proceedings for contempt of court.
(5)	Notice that the parent, guardian, or custodian shall be responsible for bringing the juvenile before the court at any hearing the juvenile is required to attend and that failure without reasonable cause to bring the juvenile before the court may result in proceedings for contempt of court.
(b1)	A summons issued for a petition alleging that a parent is in noncompliance with Child Consultation recommendations shall be on a printed form supplied by the Administrative Office of the Courts and shall include:
(1)	Notice of the nature of the proceeding and the purpose of the hearing scheduled on the summons.
(2)	Notice of any right to counsel.
(3)	Notice that, if the court determines at the hearing that the allegations of the petition are true, the court will have jurisdiction to enter orders affecting substantial rights of the parent, guardian, or custodian, including orders that:
a.	Require the parent to attend evidence‑based parenting classes.
b.	Require that the child named in the consultation complaint receive medical, psychiatric, psychological, or other treatment and that the parent participate in the treatment.
c.	Require the parent to undergo psychiatric, psychological, or other treatment or counseling.
d.	Order the parent to pay for treatment that is ordered for the child or the parent.
(4)	Notice that the parent, guardian, or custodian shall be required to attend scheduled hearings and that failure without reasonable cause to attend may result in proceedings for contempt of court.
(c)	The summons shall advise the parent, guardian, or custodian that upon service, jurisdiction over the parent, guardian, or custodian is obtained and that failure of the parent, guardian, or custodian to appear or bring the juvenile before the court without reasonable cause or to comply with any order of the court pursuant to Article 27 or Article 34A of this Chapter may cause the court to issue a show cause order for contempt. The summons shall contain the following language in bold type:
"TO THE PARENT(S), GUARDIAN(S), OR CUSTODIAN(S): YOUR FAILURE TO APPEAR IN COURT FOR A SCHEDULED HEARING OR TO COMPLY WITH AN ORDER OF THE COURT MAY RESULT IN A FINDING OF CRIMINAL CONTEMPT. A PERSON HELD IN CRIMINAL CONTEMPT MAY BE SUBJECT TO IMPRISONMENT OF UP TO 30 DAYS, A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) OR BOTH."
(d)	A summons shall be directed to the person summoned to appear and shall be delivered to any person authorized to serve process."
SECTION 5.(i)  G.S. 7B‑1806 reads as rewritten:
"§ 7B‑1806.  Service of summons.
When a petition has been filed alleging that a juvenile is undisciplined or delinquent, the summons and petition shall be personally served upon the parent, the guardian, or custodian and the juvenile not less than five days prior to the date of the scheduled hearing. When a petition has been filed alleging that a parent, guardian, or custodian is in noncompliance with Child Consultation recommendations, the summons and petition shall be personally served upon the parent, guardian, or custodian not less than five days prior to the date of the scheduled hearing. The time for service may be waived in the discretion of the court.
If the parent, guardian, or custodian entitled to receive a summons cannot be found by a diligent effort, the court may authorize service of the summons and petition by mail or by publication. The cost of the service by publication shall be advanced by the petitioner and may be charged as court costs as the court may direct.
The court may issue a show cause order for contempt against a parent, guardian, or custodian who is personally served and fails without reasonable cause to appear or to bring the juvenile before the court.
The provisions of G.S. 15A‑301(a), (c), (d), and (e) relating to criminal process apply to juvenile process; provided the period of time for return of an unserved summons is 30 days."
SECTION 5.(j)  G.S. 7B‑2502 reads as rewritten:
"§ 7B‑2502.  Evaluation and treatment of undisciplined and delinquent juveniles.
(a)	In any case, the court may order that the juvenile or child be examined by a physician, psychiatrist, psychologist, or other qualified expert as may be needed for the court to determine the needs of the juvenile or child. In the case of a juvenile adjudicated delinquent for committing an offense that involves the possession, use, sale, or delivery of alcohol or a controlled substance, the court shall require the juvenile to be tested for the use of controlled substances or alcohol within 30 days of the adjudication. In the case of any juvenile adjudicated delinquent, the court may, if it deems it necessary, require the juvenile to be tested for the use of controlled substances or alcohol. The results of these initial tests conducted pursuant to this subsection shall be used for evaluation and treatment purposes only. 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 to remain in the juvenile's community of residence.
(b)	Upon completion of the examination, the court shall conduct a hearing to determine whether the juvenile or child is in need of medical, surgical, psychiatric, psychological, or other evaluation or treatment and who should pay the cost of the evaluation or treatment. The county manager, or any other person who is designated by the chair of the board of county commissioners, of the county of the juvenile's or child's residence shall be notified of the hearing, and allowed to be heard. If the court finds the juvenile or child to be in need of medical, surgical, psychiatric, psychological, or other evaluation or treatment, the court shall permit the parent, guardian, custodian, or other responsible persons to arrange for evaluation or treatment. If the parent, guardian, or custodian declines or is unable to make necessary arrangements, the court may order the needed evaluation or treatment, surgery, or care, and the court may order the parent to pay the cost of the care pursuant to Article 27 or Article 34A of this Chapter. If the court finds the parent is unable to pay the cost of evaluation or treatment, the court shall order the county to arrange for evaluation or treatment of the juvenile or child and to pay for the cost of the evaluation or treatment. The county department of social services shall recommend the facility that will provide the juvenile with evaluation or treatment.
(c)	If the court believes, or if there is evidence presented to the effect that the juvenile or child has a mental illness or a developmental disability, the court shall refer the juvenile or child to the area mental health, developmental disabilities, and substance abuse services director for appropriate action. A juvenile or child shall not be committed directly to a State hospital or State developmental center, and orders purporting to commit a juvenile or child directly to a State hospital or State developmental center, except for an examination to determine capacity to proceed, are void and of no effect. The area mental health, developmental disabilities, and substance abuse director is responsible for arranging an interdisciplinary evaluation of the juvenile and mobilizing resources to meet the juvenile's or child's needs. If institutionalization is determined to be the best service for the juvenile or child, admission shall be with the voluntary consent of the parent, guardian, or custodian. If the parent, guardian, or custodian refuses to consent to institutionalization after it is recommended by the area mental health, developmental disabilities, and substance abuse director, the signature and consent of the court may be substituted for that purpose. In all cases in which a regional mental hospital refuses admission to a juvenile or child referred for admission by the court and an area mental health, developmental disabilities, and substance abuse director or discharges a juvenile or child previously admitted on court referral prior to completion of the juvenile's or child's treatment, the hospital shall submit to the court a written report setting out the reasons for denial of admission or discharge and setting out the juvenile's or child's diagnosis, indications of mental illness, indications of need for treatment, and a statement as to the location of any facility known to have a treatment program for the juvenile or child in question."
SECTION 5.(k)  Chapter 7B of the General Statutes is amended by adding a new Article to read:
"Article 34A.
"Authority over Parents, Guardians, or Custodians of Juveniles under 10 Years of Age.
"§ 7B‑3405.  Attend all scheduled meetings with juvenile court counselor.
The parent, guardian, or custodian of a child under the age of 10 shall attend all scheduled meetings with the juvenile court counselor provided sufficient notice of the meeting was given to the parent, guardian, or custodian.
"§ 7B‑3406.  Attend evidence-based parenting classes.
The juvenile court counselor may direct the parent, guardian, or custodian of a child who is under 10 years of age to attend evidence‑based parenting classes if those classes are available in the district in which the parent, guardian, or custodian resides.
"§ 7B‑3407.  Medical, surgical, psychiatric, or psychological evaluation or treatment of juvenile or parent.
(a)	The juvenile court counselor shall work with the parent, guardian, or custodian of the child to obtain for the child any medical, surgical, psychiatric, psychological, or other evaluation or treatment pursuant to G.S. 7B‑2502 as needed or recommended. The juvenile court counselor shall work with the parent, guardian, or custodian of the child and other funding resources to find a means for paying for such services, including helping the parent, guardian, or custodian of the child to apply for Health Choice and/or Medicaid.
(b)	The juvenile court counselor, with written recommendations of a qualified physician, surgeon, or mental health provider, shall advise the parent, guardian, or custodian of the child to be directly involved in the child's evaluation or treatment and participate in medical, psychiatric, psychological, or other evaluation or treatment of the child if it is determined to be in the best interests of the child. The cost of the evaluation or treatment shall be paid pursuant to G.S. 7B‑2502.
(c)	The juvenile court counselor may recommend the parent, guardian, or custodian of the child to undergo psychiatric, psychological, or other evaluation or treatment or counseling with written orders or recommendations from a qualified mental or physical health provider directed toward remedying behaviors or conditions that led to or contributed to the child's receipt of a Child Consultation.
(d)	With written orders or recommendations from a qualified mental or physical health provider, the juvenile court counselor may recommend the parent, guardian, or custodian of the child to seek funding through the Division of Juvenile Justice and/or the local management entity and managed care organization that serves the catchment area to pay the cost of any evaluation or treatment recommended for the parent, guardian, or custodian of the child.
"§ 7B‑3408.  Compliance with recommendations of the juvenile court counselor for children under 10 years of age.
(a)	The juvenile court counselor may assist the parent, guardian, or custodian of a child under the age of 10, to the extent that person is able to do so, with transportation for a child and/or parent, guardian, or custodian of the child to keep an appointment or to comply with the recommendations of the juvenile court counselor.
(b)	If the parent, guardian, or custodian of the child fails to comply with the recommendations of the juvenile court counselor, the juvenile court counselor may file a petition alleging the parent, guardian, or custodian to be in noncompliance with the Child Consultation recommendations. The petition shall contain the name, date of birth, and address of the parent, guardian, or custodian; the name and address of the child; and allege the facts that invoke jurisdiction over the parent, guardian, or custodian for noncompliance with the Child Consultation recommendations. The petition shall be entitled "In Re (last name of parent, guardian, or custodian)" and shall be signed by the juvenile court counselor and verified before an official authorized to administer oaths. Sufficient copies of the petition shall be prepared so that copies will be available for the parent, guardian, or custodian, for the juvenile court counselor, for the prosecutor, and for any person determined by the court to be a necessary party. A summons shall be issued and served pursuant to G.S. 7B‑1805 and G.S. 7B‑1806. The clerk shall provide notice of any hearing on the petition as provided in G.S. 7B‑1807.
(c)	In all cases in which the juvenile court counselor is working with a child under the age of 10 and the parent, guardian, or custodian of the juvenile, the juvenile court counselor shall work collaboratively with the parent, guardian, custodian of the child, the Department of Social Services, the local management entity or managed care organization, the local education authority, and all other community stakeholders involved with the child and family. This will be identified as the Child and Family Team, and all local community agencies involved with the child and family shall be invited to all meetings scheduled with the child and parent, guardian, or custodian of the child.
"§ 7B‑3409.  Hearing on noncompliance with Child Consultation recommendations.
(a)	A hearing on a petition filed against a parent, guardian, or custodian pursuant to G.S. 7B‑2804(b) shall be held within 30 days of the filing of the petition in the judicial district in which the parent resides.
(b)	The court shall receive testimony and shall allow the parent, guardian, or custodian an opportunity to introduce evidence, to be heard on their own behalf, and to examine witnesses. The State shall bear the burden to prove the allegations of noncompliance by the greater weight of the evidence. The hearing may be informal, and the court shall not be bound by the usual rules of evidence. The parent, guardian, or custodian has the right to represent themselves or obtain the services of an attorney at their own expense.
(c)	If the court, after notice and a hearing, finds by the greater weight of the evidence that the parent, guardian, or custodian has failed to comply with the Child Consultation recommendations of the juvenile court counselor, the court may order the parent to comply with any recommendations or services authorized by this Article. The order shall be in writing and shall contain appropriate findings of fact and conclusions of law.
"§ 7B‑3410.  Employment discrimination unlawful.
No employer may discharge, demote, or deny a promotion or other benefit of employment to any employee because the employee complies with the provisions of this Article. The Commissioner of Labor shall enforce the provisions of this section according to Article 21 of Chapter 95 of the General Statutes, including the rules and regulations issued pursuant to that Article.
"§ 7B‑3411.  Contempt for failure to comply.
Upon motion of the juvenile court counselor or prosecutor or upon the court's own motion, the court may issue an order directing the parent, guardian, or custodian to appear and show cause why the parent, guardian, or custodian should not be found or held in civil or criminal contempt for willfully failing to comply with an order of the court issued pursuant to G.S. 7B‑3409(c). Chapter 5A of the General Statutes shall govern contempt proceedings initiated pursuant to this Article. Counsel for the parent, guardian, or custodian shall be appointed by the rules adopted by the Office of Indigent Defense Services, unless counsel is otherwise retained."
SECTION 5.(l)  G.S. 143B‑805 reads as rewritten:
"Subpart B. General Provisions.
"§ 143B‑805.  Definitions.
…
(3)	County Councils. – Juvenile Crime Prevention Councils created under G.S. 143B‑846.
(4a)	Court. – The district court division of the General Court of Justice.
(4b)	Consultation complaint. – A complaint made against any child while less than 10 years of age but at least 6 years of age, alleged to have committed an offense that would be considered a delinquent offense if committed by a juvenile over the age of 10. These children shall be served by a juvenile court counselor as a Child Consultation.
(5)	Custodian. – The person or agency that has been awarded legal custody of a juvenile by a court.
(6)	Delinquent juvenile. –
a.	Any juvenile who, while less than 16 years of age but at least 10 years of age, commits a crime or infraction under State law or under an ordinance of local government, including violation of the motor vehicle laws, or who commits indirect contempt by a juvenile as defined in G.S. 5A‑31.
b.	Any juvenile who, while less than 18 years of age but at least 16 years of age, commits a crime or an infraction under State law or under an ordinance of local government, excluding all violations of the motor vehicle laws under Chapter 20 of the General Statutes, or who commits indirect contempt by a juvenile as defined in G.S. 5A‑31.
…."
SECTION 5.(m)  G.S. 143B‑806 reads as rewritten:
"§ 143B‑806.  Duties and powers of the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety.
(a)	Repealed by Session Laws 2013‑289, s. 5, effective July 18, 2013.
(b)	In addition to its other duties, the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice shall have the following powers and duties:
(1)	Give leadership to the implementation as appropriate of State policy that requires that youth development centers be phased out as populations diminish.
(2)	Close a State youth development center when its operation is no longer justified and transfer State funds appropriated for the operation of that youth development center to fund community‑based programs, to purchase care or services for predelinquents, delinquents, or status offenders in community‑based or other appropriate programs, or to improve the efficiency of existing youth development centers, after consultation with the Joint Legislative Commission on Governmental Operations.
(3)	Administer a sound admission or intake program for juvenile facilities, including the requirement of a careful evaluation of the needs of each juvenile prior to acceptance and placement.
(4)	Operate juvenile facilities and implement programs that meet the needs of juveniles receiving services and that assist them to become productive, responsible citizens.
(5)	Adopt rules to implement this Part and the responsibilities of the Secretary and the Division under Chapter 7B of the General Statutes. The Secretary may adopt rules applicable to local human services agencies providing juvenile court and delinquency prevention services for the purpose of program evaluation, fiscal audits, and collection of third‑party payments.
(6)	Ensure a statewide and uniform system of juvenile intake, protective supervision, probation, and post‑release supervision services in all district court districts of the State. The system shall provide appropriate, adequate, and uniform services to all juveniles who are alleged or found to be undisciplined or delinquent.
(7)	Establish procedures for substance abuse testing for juveniles adjudicated delinquent for substance abuse offenses.
(8)	Plan, develop, and coordinate comprehensive multidisciplinary services and programs statewide for the prevention of juvenile delinquency, early intervention, and rehabilitation of juveniles, including, but not limited to, services for children under the age of 10 who engage in acts that would constitute juvenile delinquency had they reached age 10 or older.
…."
SECTION 5.(n)  G.S. 143B‑811 reads as rewritten:
"§ 143B‑811.  Annual evaluation of intensive intervention services.
The Department of Public Safety shall conduct an annual evaluation of intensive intervention services. Intensive intervention services are evidence‑based or research‑supported community‑based or residential services that are necessary for a juvenile in order to (i) prevent the juvenile's commitment to a youth development center or detention facility or (ii) facilitate the juvenile's successful return to the community following commitment or (iii) prevent deeper involvement in the juvenile justice system. In conducting the evaluation, the Department shall consider whether participation in intensive intervention services results in a diversion from or reduction of court involvement among juveniles. The Department shall also determine whether the programs are achieving the goals and objectives of the Juvenile Justice Reform Act, S.L. 1998‑202.
The Department shall report the results of the evaluation to the Chairs of the Joint Legislative Oversight Committee on Justice and Public Safety and the Chairs of the Senate and House of Representatives Appropriations Subcommittees on Justice and Public Safety by March 1 of each year."
SECTION 5.(o)  G.S. 143B‑831 reads as rewritten:
"§ 143B‑831.  Duties and powers of juvenile court counselors.
…
(17a)	Screen and evaluate a complaint alleging that a juvenile is delinquent or undisciplined to determine whether the complaint should be filed as a petition.
(17b)	Provide and coordinate multidisciplinary service referrals for the prevention of juvenile delinquency and early intervention for juveniles, including, but not limited to, children under the age of 10 who engage in acts that would constitute juvenile delinquency had they reached age 10 or older. If the juvenile court counselor has cause to suspect that a child under the age of 10 who is receiving services pursuant to this subsection is abused, neglected, or dependent, the juvenile court counselor shall make a report to the director of social services as required by G.S. 7B‑308.1. If the juvenile court counselor has cause to suspect that a juvenile age 10 or older who is receiving services pursuant to this subsection is abused, neglected, or dependent, the juvenile court counselor shall make a report to the director of social services as required by G.S. 7B‑1700.1.
…."
SECTION 5.(p)  G.S. 143B‑851 reads as rewritten:
"§ 143B‑851.  Powers and duties.
(a)	Each County Council shall review biennially the needs of juveniles in the county who are at risk of delinquency, including, but not limited to, youth who are under the age of 10 who engage in acts that would constitute juvenile delinquency had they reached the age of 10 or older, or who have been adjudicated undisciplined or delinquent and the resources available to address those needs. In particular, each County Council shall assess the needs of juveniles in the county who are at risk or who have been associated with gangs or gang activity, and the local resources that are established to address those needs. The Council shall develop and advertise a request for proposal process and submit a written plan of action for the expenditure of juvenile sanction and prevention funds to the board of county commissioners for its approval. Upon the county's authorization, the plan shall be submitted to the Section for final approval and subsequent implementation.
(b)	Each County Council shall ensure that appropriate intermediate dispositional options are available and shall prioritize funding for dispositions of intermediate and community‑level sanctions for court‑adjudicated juveniles under minimum standards adopted by the Section.
(c)	On an ongoing basis, each County Council shall:
(1)	Assess the needs of juveniles and youth at risk of delinquency, including, but not limited to, youth who are under the age of 10 who engage in acts that would constitute juvenile delinquency had they reached the age of 10 or older, in the community, evaluate the adequacy of resources available to meet those needs, and develop or propose ways to address unmet needs.
(2)	Evaluate the performance of juvenile services and programs in the community. The Council shall evaluate each funded program as a condition of continued funding.
(3)	Increase public awareness of the causes of delinquency and of strategies to reduce the problem.
(4)	Develop strategies to intervene and appropriately respond to and treat the needs of juveniles at risk of delinquency through appropriate risk assessment instruments.
(5)	Provide funds for services for treatment, counseling, or rehabilitation for juveniles and youth at risk for juvenile delinquency and their families. These services may include court‑ordered parenting responsibility classes.
(6)	Plan for the establishment of a permanent funding stream for delinquency prevention services.
(7)	Develop strategies to intervene and appropriately respond to the needs of juveniles who have been associated with gang activity or who are at risk of becoming associated with gang activity.
(d)	The Councils may examine the benefits of joint program development between counties and judicial districts."
SECTION 5.(q)  G.S. 143B‑853 reads as rewritten:
"§ 143B‑853.  Funding for programs.
(a)	Annually, the Division of Adult Correction and Juvenile Justice shall develop and implement a funding mechanism for programs that meet the standards developed under this Subpart. The Division shall ensure that the guidelines for the State and local partnership's funding process include the following requirements:
(1)	Fund effective programs. – The Division shall fund programs that it determines to be effective in preventing delinquency and recidivism. Programs that have proven to be ineffective shall not be funded.
(2)	Use a formula for the distribution of funds. – A funding formula shall be developed that ensures that even the smallest counties will be able to provide the basic prevention and alternative services to juveniles in their communities.
(3)	Allow and encourage local flexibility. – A vital component of the State and local partnership established by this section is local flexibility to determine how best to allocate prevention and alternative funds.
(4)	Combine resources. – Counties shall be allowed and encouraged to combine resources and services.
(5)	Allow for a two‑year funding cycle. – In the discretion of the Division, awards may be provided in amounts that fund two years of services for programs that meet the requirements of this section and have been awarded funds in a prior funding cycle.
(b)	The Division shall adopt rules to implement this section. The Division shall provide technical assistance to County Councils and shall require them to evaluate all State‑funded programs and services on an ongoing and regular basis.
(c)	The Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety shall report to the Senate and House of Representatives Appropriations Subcommittees on Justice and Public Safety no later than March 1, 2006, and annually thereafter, on the results of intensive intervention services. Intensive intervention services are evidence‑based or research‑supported community‑based or residential services that are necessary for a juvenile in order to (i) prevent the juvenile's commitment to a youth development center or detention facility or (ii) facilitate the juvenile's successful return to the community following commitment or (iii) prevent deeper involvement in the juvenile justice system. Specifically, the report shall provide a detailed description of each intensive intervention service, including the numbers of juveniles served, their adjudication status at the time of service, the services and treatments provided, the length of service, the total cost per juvenile, and the six‑ and 12‑month recidivism rates for the juveniles after the termination of program services."

part vI. effective date
SECTION 6.  This act becomes effective December 1, 2021, and applies to offenses committed on or after that date.