Upon a finding of legal sufficiency, except in cases involving nondivertible offenses set out in G.S. 7B-1701(a), the juvenile court counselor shall determine whether a complaint should be filed as a petition, the juvenile diverted pursuant to G.S. 7B-1706, or the case resolved without further action. In making the decision, the counselor shall consider criteria provided by the Department and shall conduct a gang assessment for juveniles who are 12 years of age or older. The intake process shall include the following steps if practicable:
(1) Interviews with the complainant and the victim if someone other than the complainant;
(2) Interviews with the juvenile and the juvenile's parent, guardian, or custodian;
(3) Interviews with persons known to have relevant information about the juvenile or the juvenile's family.
Interviews required by this section shall be conducted in person unless it is necessary to conduct them by telephone. (1979, c. 815, s. 1; 1981, c. 469, s. 5; 1998-202, s. 6; 2000-137, s. 3; 2001-490, s. 2.5; 2011-145, s. 19.1(l); 2017-57, s. 16D.4(ee); 2017-197, s. 5.4; 2018-142, s. 23(b); 2019-186, s. 3; 2021-123, s. 5(c).)
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 2010–2024 · leading case:
In re D.S., 694 S.E.2d 758 (N.C. 2010).
In re D.S., 694 S.E.2d 758 (N.C. 2010).
“§ 7B-1702. Section 7B-1703 instructs the JCC to decide whether to file the complaint as a petition and if he decides to do so, to file the petition in accordance with the timelines contained therein.”
In re T.H., 721 S.E.2d 728 (N.C. Ct. App. 2012).
· cites it 28× “On 30 March 2010, respondent’s counsel filed a motion to dismiss the charges, arguing a violation of N.C. Gen. Stat. § 7B-1702. The trial court subsequently denied the motion following a voir dire hearing.”
In re: D.J.Y. (N.C. Ct. App. 2024).
· cites it 4× “Analysis Dawson argues the trial court lacked subject matter jurisdiction over the petition because the court counselor did not approve the juvenile petition for filing in accordance with N.”
In Re Ds, 694 S.E.2d 758 (N.C. 2010).
“§ 7B-1702. Section 7B-1703 instructs the JCC to decide whether to file the complaint as a petition and if he decides to do so, to file the petition in accordance with the timelines contained therein.”
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