(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, handled as a juvenile consultation for a vulnerable juvenile, or handled in some other manner authorized by this Article.
(b) Except as provided in 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 petition, 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) If the juvenile court counselor determines that a petition should not be filed or the complaint handled as a juvenile consultation, 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 or handled as a juvenile consultation 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 a complaint should be handled as a juvenile consultation, the juvenile court counselor shall obtain referral information. (1979, c. 815, s. 1; 1998-202, s. 6; 2001-490, s. 2.6; 2017-57, s. 16D.4(t); 2018-142, s. 23(b); 2021-123, s. 5(c).)
Notes of Decisions
Cited in
24
cases (
1 in the last 5 years), 2007–2024 · 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).
· cites it 53× “Here we address whether a Robeson County juvenile court counselor (“JCC”) complied with N.C.G.S. § 7B-1703 when the JCC filed a petition alleging D.”
In re: T.K., 800 S.E.2d 463 (N.C. Ct. App. 2017).
· cites it 12× “Thomas asserts that the trial court lacked subject matter jurisdiction to consider the second petition filed against him because the juvenile court counselor failed to sign the petition and mark whether the petition was “Approved for Filing” as required by N.”
In re M.C., 645 S.E.2d 386 (N.C. Ct. App. 2007).
· cites it 6× “N.C. Gen. Stat. § 7B-1703(b) (2005). The statute also provides that an extension of an additional fifteen days may be granted at the discretion of the chief court counselor.”
In Re Ds, 682 S.E.2d 709 (N.C. Ct. App. 2009).
· cites it 4× “At the dispositional hearing, the trial court accepted the court counselor's recommendation of probation for a period of up to twelve months. From these adjudication and disposition orders, Juvenile appeals.”
In re K.W., 664 S.E.2d 66 (N.C. Ct. App. 2008).
· cites it 10× “2d at 458 ; see also N.C. Gen.Stat. § 7B-1703 (2007). In the instant case, the petitions were filed sixteen days after the juvenile court counselor received the complaint - one day beyond the statutory fifteen days mandated by North Carolina General Statutes, section 7B-1703(b).”
In Re Ds, 694 S.E.2d 758 (N.C. 2010).
· cites it 53× “Here we address whether a Robeson County juvenile court counselor ("JCC") complied with N.C.G.S. § 7B-1703 when the JCC filed a petition alleging D.”
In re J.B., 650 S.E.2d 457 (N.C. Ct. App. 2007).
· cites it 5× “N.C. Gen.Stat. § 7B-1703(a) (2005). "[I]f 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…”
State v. Smith, 688 S.E.2d 75 (N.C. Ct. App. 2010).
· cites it 12× “I Defendant argues the trial court lacked jurisdiction over defendant where the Mecklenburg County Clerk’s Office received the juvenile petitions charging defendant more than thirty days after the court counselor approved the petitions for filing, a jurisdictional violation of…”
In Re Kw, 664 S.E.2d 66 (N.C. Ct. App. 2008).
· cites it 10× “2d at 458 ; see also N.C. Gen.Stat. § 7B-1703 (2007). In the instant case, the petitions were filed sixteen days after the juvenile court counselor received the complaint one day beyond the statutory fifteen days mandated by North Carolina General Statutes, section 7B-1703(b).”
Catawba Cnty. ex rel. Rackley v. Loggins (N.C. 2017).
· cites it 11× “On appeal the defendant argued, and the Court of Appeals agreed, that the second petition was not filed within the time period mandated by N.C.G.S. § 7B-1703, the pertinent statute, and therefore the district court lacked subject matter jurisdiction over the sexual battery…”
In Re Mc, 645 S.E.2d 386 (N.C. Ct. App. 2007).
· cites it 6× “Pursuant to N.C. Gen. Stat. § 7B-1703(b), a juvenile petition must be filed "within 15 days after the complaint is received" by the juvenile court counselor.”
In re D.S., 197 N.C. App. 598 (N.C. Ct. App. 2009).
· cites it 4× “From these adjudication and disposition orders, Juvenile appeals.”
— N.C. Gen. Stat. § 7B-1703(a) — 13 cases
In re D.S., 694 S.E.2d 758 (N.C. 2010).
“Here we address whether a Robeson County juvenile court counselor (“JCC”) complied with N.C.G.S. § 7B-1703 when the JCC filed a petition alleging D.”
In re J.B., 650 S.E.2d 457 (N.C. Ct. App. 2007).
“N.C. Gen.Stat. § 7B-1703(a) (2005). "[I]f 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…”
In Re Ds, 694 S.E.2d 758 (N.C. 2010).
“Here we address whether a Robeson County juvenile court counselor ("JCC") complied with N.C.G.S. § 7B-1703 when the JCC filed a petition alleging D.”
In Re Jb, 650 S.E.2d 457 (N.C. Ct. App. 2007).
— N.C. Gen. Stat. § 7B-1703(a)(2005) — 1 case
— N.C. Gen. Stat. § 7B-1703(b) — 16 cases
In re M.C., 645 S.E.2d 386 (N.C. Ct. App. 2007).
“N.C. Gen. Stat. § 7B-1703(b) (2005). The statute also provides that an extension of an additional fifteen days may be granted at the discretion of the chief court counselor.”
In re D.S., 694 S.E.2d 758 (N.C. 2010).
“Here we address whether a Robeson County juvenile court counselor (“JCC”) complied with N.C.G.S. § 7B-1703 when the JCC filed a petition alleging D.”
In re J.B., 650 S.E.2d 457 (N.C. Ct. App. 2007).
“N.C. Gen.Stat. § 7B-1703(a) (2005). "[I]f 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…”
State v. Smith, 688 S.E.2d 75 (N.C. Ct. App. 2010).
“I Defendant argues the trial court lacked jurisdiction over defendant where the Mecklenburg County Clerk’s Office received the juvenile petitions charging defendant more than thirty days after the court counselor approved the petitions for filing, a jurisdictional violation of…”
In re K.W., 664 S.E.2d 66 (N.C. Ct. App. 2008).
“2d at 458 ; see also N.C. Gen.Stat. § 7B-1703 (2007). In the instant case, the petitions were filed sixteen days after the juvenile court counselor received the complaint - one day beyond the statutory fifteen days mandated by North Carolina General Statutes, section 7B-1703(b).”
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