The North Carolina Juvenile Code defines a juvenile as any person who has not reached age 18 and is not married, emancipated or a member of the armed services. However, a person may be found delinquent only for conduct that occurs before the age of 16, and a child may not be found either undisciplined or delinquent for conduct that occurs before the age of 6.
108. What is an undisciplined juvenile?
An undisciplined juvenile is a youth under age 18 (and at least 6) who is regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian; who is regularly found in places where it is unlawful for a juvenile to be; or who has run away from home for a period of more than 24 hours. A juvenile who is unlawfully absent from school, while at least 6 but not yet 16, also is an undisciplined juvenile.
109. What is a delinquent juvenile?
The North Carolina Juvenile Code defines a delinquent juvenile as any juvenile who, while at least 6 years of age but not yet 16, commits an offense that would be a crime under state law or under an ordinance of local government, including violation of the motor vehicle laws, if committed by an adult. A young person's case is handled like the case of an adult when a youth commits a crime while age 16 or 17, or older, or while the youth is married, emancipated, or in the armed services.
110. What is the court authority for juveniles in North Carolina?
In North Carolina, juvenile cases are handled in the state district courts. Generally, that court has jurisdiction (authority) over young people who fit the legal definitions of delinquent or undisciplined juvenile � those who engage in undisciplined behavior while at least 6 but not yet 18, and those who engage in delinquent behavior while at least 6 but not yet 16. The court may keep jurisdiction over any undisciplined or delinquent juvenile until the juvenile reaches 18. When a juvenile is sent to training school for one of the most serious offenses, the juvenile may be kept in training school until his or her 19th birthday. In the very most serious violent offenses, a juvenile may be kept in training school until he or she is 21. A judge may send a juvenile to training school only if the juvenile is delinquent and is at least ten years old. (Other conditions apply as well.) The court also has jurisdiction over young people under age 18 who need protection because they are abused, neglected, or dependent.
111. What happens if a youth is found to be undisciplined or delinquent?
After a judge finds that a youth is undisciplined or delinquent, the judge orders a disposition (similar to a sentence in the adult system). For delinquent juveniles the judge has many options. The judge may place a delinquent juvenile on probation, order the juvenile to pay a fine, pay money to
the victim, perform community service, prohibit the juvenile from being licensed to drive a motor vehicle, and/or order the juvenile to spend time in a group home, detention facility, or training school. Which disposition the judge orders will depend on:
1) the seriousness of the offense the juvenile committed
2) the juvenile's prior record
3) the juvenile's needs
4) the protection of the community
An undisciplined juvenile cannot be placed on probation or sent to training school, but can be placed under the protective supervision of a court counselor. An undisciplined juvenile can be sent to a detention facility for short periods of time if the juvenile violates conditions of protective supervision.
112. What is probation?
Probation requires a delinquent juvenile to abide by conditions set by the court and to cooperate with supervision by a court counselor. If the juvenile violates the conditions of probation the juvenile may be returned to court, and the judge may order a different disposition, such as detention or training school.
113. What is protective supervision?
Protective supervision is similar to probation, but is only for undisciplined juveniles. A court counselor supervises the juvenile's compliance with the conditions set by the court and tries to offer appropriate services to the juvenile and the juvenile's family. If the juvenile violates the conditions of protective supervision, the juvenile may be found in contempt and placed in a detention facility for a short period.
114. What is the hearing procedure in juvenile court?
Juvenile hearings occur in two steps. In the first step, the adjudication, the court is concerned with the facts of the case and whether the juvenile actually committed the offense. In the second step, the disposition, the court determines which disposition best meets the needs of the juvenile and the interests of the state.
115. How is an individual brought into juvenile court?
A complaint is made to the intake counselor of the court who evaluates the case and determines if it should go to court. If so determined, the counselor approves the complaint. The juvenile is notified that a petition has been filed when a summons to appear in court and a copy of the juvenile petition are served on the juvenile and his/her parent(s) or legal guardian(s).
116. Specifically, what is involved after a complaint con- cerning a juvenile is received?
The intake counselor first makes a preliminary inquiry to determine whether the juvenile is within the jurisdiction of the court as undisciplined or delinquent. The law requires that the intake process include the following, if practical:
1) interviews with the complainant or victim,
2) interviews with the juvenile and his/her parents, and
3) interviews with others having information about the juvenile and his/her family.
The counselor has 15 days (which can be extended to 30 days) to determine whether the complaint should be filed as a petition and for the petition to actually be filed if that is the decision. In the most serious delinquency cases, the intake counselor must approve the filing of a petition if there are
grounds to believe the juvenile committed the offense. In all other delinquency cases and in all undisciplined cases, the intake counselor may divert the case - that is, refer the juvenile and the juvenile's family to appropriate resources in the community instead of taking the case to court. The intake counselor, the juvenile, and the juvenile's family may
enter into a diversion contract that sets out what each of them will do. If the juvenile does not follow through with the agreement, the intake counselor can still take the case to court any time within six months.
117. May a youth be arrested?
The term arrest is not used in reference to juveniles. However, under the following circumstances a juvenile may be taken into temporary custody for up to 12 hours (or longer if on a weekend or legal holiday) without a court order:
1) by a law enforcement officer if grounds exist for the arrest of an adult under identical circumstances;
2) by a law enforcement officer or court counselor if there are reasonable grounds to believe that the youth is an undisciplined juvenile under state law;
3) by a law enforcement officer, court counselor or Department of Juvenile Justice and Delinquency Prevention worker if reasonable grounds exist to believe that the youth has run away from a training school or detention facility; or
4) by a law enforcement officer or Department of Social Services worker if there are reasonable grounds to believe that the youth is abused, neglected or dependent and would be injured or could not be taken into custody if time were taken to obtain a court order.
118. May the youth be released on bail after being taken into custody?
Juveniles have no constitutional right to be released on bail after being taken into custody. When taken into temporary custody, the custodial officer or official may decide to release the juvenile to a parent, legal guardian or family member; or the officer or official may request that a judge order the juvenile to be in secure or non-secure custody.
119. What is the difference between secure and non-secure custody?
Secure custody is placement in a detention facility and is used mainly for delinquent and for some undisciplined juveniles. Non-secure custody is placement in a foster home or comparable environment and is used for some undisciplined juveniles as well as abused, neglected or dependent juveniles.
120. When is a juvenile held in a detention facility?
A detention facility is appropriate only if the juvenile is alleged to be delinquent or undisciplined and meets the criteria for secure custody. Whether or not a juvenile will be held in a detention facility depends on the circumstances of the case and whether there are grounds to detain the juvenile to protect the community or secure the juvenile's presence in court.
121. How long may a juvenile be held in custody?
A juvenile who is alleged to be delinquent may be held in secure custody for no more than five calendar days or non-secure for no more than seven calendar days without a court hearing before a judge. A juvenile who is alleged to be undisciplined may be held in secure custody for no more than 24 hours.
122. Does a youth have a trial like an adult?
Youths have juvenile hearings that are similar to adult trials. If the juvenile is subject to loss of liberty by placement in training school, the juvenile is given certain rights by the United States Supreme Court. These rights include written notice of the alleged offense, a court-appointed attorney, the right to remain silent, and the right to confront and cross-examine any witness against the juvenile. If the offense charged is a crime, it must be proved by the same standard of proof "beyond a reasonable doubt" that is applicable in criminal trials.
123. May a juvenile be represented by a lawyer?
In delinquency cases a juvenile must be represented by a lawyer. In fact, if a juvenile is alleged delinquent for committing a crime, the juvenile is not permitted to give up or do without his/her attorney, according to the North Carolina Juvenile Code. Ordinarily, an undisciplined juvenile does not have a right to a court-appointed lawyer. If an undisciplined juvenile is alleged to be in contempt for violating the conditions of protective supervision, however, the court must appoint a lawyer for the juvenile. This is because the juvenile may be sent to detention if the court finds the juvenile in contempt. In abuse or neglect cases, the court is required to appoint a guardian ad litem who may or may not be an attorney to act as a representative of the juvenile.
124. Is a juvenile permitted to have witnesses testify on his behalf?
Juveniles may have witnesses testify on their behalf. This is handled by the attorney representing the juvenile.
125. Does a juvenile have a right to a jury trial?
Juveniles have no constitutional right to a jury trial in juvenile court, according to the United States Supreme Court. The North Carolina Juvenile Code does not provide for jury trials in any juvenile proceeding.
126. When are juveniles brought into adult court?
A juvenile 13, 14 or 15 years of age who commits a felony may be transferred to Superior Court for trial as an adult. A District Court judge, after a finding of probable cause under juvenile procedures in District Court, decides whether to keep the matter in District Court or to transfer the case to the adult Superior Court. If the case is transferred to adult court, the juvenile has all of the constitutional rights of an adult and may be sent to prison if convicted. In addition, the juvenile no longer has any protections of confidentiality.
127. May anyone attend a juvenile court hearing?
The judge has discretion in determining whether the hearing or any part of the hearing is open or closed to the public. If the juvenile requests the hearing be open, the judge must allow it to be open. Generally, the media is not allowed to publicize the names or take photographs of youths who are in juvenile court.
128. May a juvenile be detained in an adult jail?
Usually, a juvenile may not be detained in an adult jail. However, a juvenile who has allegedly committed an offense that would be a Class A, B1, B2, C, D or E felony if committed by an adult may be detained in secure custody in a holdover facility for up to 72 hours, if the court determines that no acceptable alternative placement is available and the protection of the public requires the juvenile be housed in a holdover facility. A holdover facility is a place in a jail which has been approved by the Department of Health and Human Services as meeting state standards for detention and providing close supervision where the juvenile cannot converse with, see, or be seen by the adult population.
129. Once adjudicated delinquent, how is a juvenile's case handled by the court?
After an adjudication of delinquency, the court conducts a dispositional hearing at which the judge must consider reports of social, medical, psychological and educational information about the juvenile to determine which of the authorized dispositions are appropriate. After adjudication, the reports are made available to the judge and to the juvenile to allow the
juvenile to present evidence as to which disposition is preferable. The various dispositional options [see question no. 111] are organized into 3 levels.
Level 1 (community dispositions) includes probation, community service, and a variety of other options.
Level 2 (intermediate dispositions) includes intensive probation, more hours of community service, and a
number of other options that are more severe than those in Level 1.
Level 3 has only one disposition - training school. A chart in the Juvenile Code tells the judge which level or levels the judge may choose from in selecting a disposition in a particular case, based on
(1) the seriousness of the offense the juvenile committed and
(2) the number and type of offenses, if any, the juvenile has committed previously.
If the chart tells the judge that only Level 1 options are available, the judge then considers the juvenile's needs in order to decide exactly which Level 1 to order. If the chart tells the judge that only Level 3 is appropriate, the judge must commit the juvenile to training school unless the judge finds that the juvenile has extraordinary needs that require some other disposition.
130. What happens if a juvenile admits committing the un- lawful act with which/she is charged?
If a juvenile desires to admit to an offense, the judge must have a conference with the juvenile to inform the youth of his/her right to remain silent, to deny charges and to confront any opposing witnesses. The judge must determine if the juvenile understands the charges and whether he/she is satisfied with his/her attorney. The judge must also inform the juvenile of the most severe disposition that is applicable to the situation. If the judge determines the juvenile is aware of his/her actions and consequences and is acting voluntarily, the judge will accept the admission and a dispositional hearing will be held.
131. What are the different kinds of delinquent acts?
A delinquent act is the same thing as a crime. It is a criminal act committed by a young person under the age of 16. Crimes are divided into two groups - misdemeanors and felonies. Misdemeanors, the less serious crimes, are divided into four classes (A1, 1, 2, and 3) according to their seriousness. Felonies, the more serious crimes, are also divided into classes (A through I), according to their seriousness. These categories are used in the juvenile system too. For example, the category of the offense a juvenile commits can determine whether the juvenile will be photographed and fingerprinted, how long the juvenile can be kept in training school, and whether the juvenile's record can be expunged. The Juvenile Code also has its own categories of offenses, which the judge must use in determining which options are available at disposition. These categories are Violent (Class A through E felonies), Serious (Class F through I felonies and Class A1 misdemeanors), and Minor (Class 1, 2, and 3 misdemeanors).
132. If a juvenile commits a crime, does the youth automatically go to court?
In North Carolina, the Juvenile Code contains two types of offenses: divertible and non-divertible offenses. Ajuvenile charged with any misdemeanor or any undisciplined child may be diverted from the justice system to an appropriate community resource at the discretion of the intake counselor. A juvenile charged with a felony may also be diverted from the juvenile justice system unless the offense is specifically classified as non-divertible. Non-divertible offenses include murder, rape, arson, any felony drug offense, first-degree burglary, crimes against nature, and any felony that involved willful infliction of serious bodily injury or was committed with a deadly weapon. If the intake counselor finds reasonable grounds to believe the juvenile has committed a non-divertible offense, he/she must authorize the complaint to be filed as a petition.
133. What is expunction of records?
Expunction is the destruction of juvenile legal records. There are thee basic types of juvenile records:
(1) law-enforcement records;
(2) legal records, or juvenile file, kept at the courthouse by the clerk of Superior Court; and
(3) social records, kept in the files of the chief court counselor (and sometimes training schools, Department of Social Services, or other agencies).
When a person files a petition for expunction of records, even if the expunction is granted, only the law-enforcement and legal records will be destroyed. Social records can not be expunged. (Social records are destroyed according to a schedule set by the agency that keeps the records.)A person might seek to have juvenile records expunged if, when the person was a juvenile, a petition was filed alleging the person to be delinquent or
undisciplined and
1) the court dismissed the petition without finding that the juvenile was delinquent or undisciplined, or
2) the court found the person to be an undisciplined juvenile, or
3) the court found the person to be a delinquent juvenile for committing an offense that was not a Class A, B1, B2, C, D, or E felony.
Records that a person was adjudicated delinquent for one of the most serious offenses - any offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult - may not be expunged. A petition seeking expungement must be filed in the same court where the original juvenile petition was filed.
The procedures and requirements for expungement are somewhat different for the three categories listed above.
After the petition is filed, a judge decides whether to grant expunction of the records. This process may or may not involve a hearing, depending on whether the juvenile was adjudicated and whether or not attorneys file objections. If the judge decides expunction is warranted, he/she will order it. The clerk of the Superior Court must then notify all law enforcement agencies to destroy all records of the juvenile's adjudication. The clerk must forward a certified copy of the order to the sheriff, chief of police or other law enforcement agency and then notify the juvenile that his/her records have been destroyed. When a person's juvenile record is expunged, neither that person nor that person's parents can be found guilty of perjury or of giving a false statement if, in response to any inquiry, they fail to report or acknowledge the record that was expunged. There is one exception. If the person testifies in a case in juvenile court, the person may be required to testify about
whether he or she was ever adjudicated delinquent.