The petition shall contain the name, date of birth, and address of the juvenile and the name and last known address of the juvenile's parent, guardian, or custodian. The petition shall allege the facts that invoke jurisdiction over the juvenile. The petition shall not contain information on more than one juvenile.
A petition in which delinquency is alleged shall contain a plain and concise statement, without allegations of an evidentiary nature, asserting facts supporting every element of a criminal offense and the juvenile's commission thereof with sufficient precision clearly to apprise the juvenile of the conduct which is the subject of the allegation.
Sufficient copies of the petition shall be prepared so that copies will be available for the juvenile, for each parent if living separate and apart, for the guardian or custodian if any, for the juvenile court counselor, for the prosecutor, and for any person determined by the court to be a necessary party. (1979, c. 815, s. 1; 1981, c. 469, s. 9; 1998-202, s. 6; 2001-490, s. 2.10.)
Notes of Decisions
Cited in
15
cases (
3 in the last 5 years), 2001–2025 · leading case:
In re R.P.M., 616 S.E.2d 627 (N.C. Ct. App. 2005).
In re R.P.M., 616 S.E.2d 627 (N.C. Ct. App. 2005).
· cites it 4× “Section 7B-1802 of the North Carolina General Statutes provides in pertinent part: A petition in which delinquency is alleged shall contain a plain and concise statement, without allegations of an evidentiary nature, asserting facts supporting every element of a criminal offense…”
State v. Collins, 783 S.E.2d 9 (N.C. Ct. App. 2016).
· cites it 4× “N.C. Gen. Stat. § 7B-1802 (2013) (emphasis added).”
In Re Griffin, 592 S.E.2d 12 (N.C. Ct. App. 2004).
· cites it 2× “" N.C. Gen. Stat. § 7B-1802 (2003) (emphasis added).”
State v. Brooks, 557 S.E.2d 195 (N.C. Ct. App. 2001).
· cites it 4× “Brooks, however, argues that the petition did not allege a Class A felony, and therefore the district court was required to conduct a transfer hearing prior to a transfer.”
In re D.S., 694 S.E.2d 758 (N.C. 2010).
“§ 7B-1802 (2007) *194 (“The petition shall allege the facts that invoke jurisdiction over the juvenile.”
In Re Ds, 682 S.E.2d 709 (N.C. Ct. App. 2009).
· cites it 2× “For a juvenile petition alleging delinquency to be valid, it: shall contain a plain and concise statement, without allegations of an evidentiary nature, asserting facts supporting every element of a criminal offense and the juvenile's commission thereof with sufficient precision…”
In re J.U. (N.C. 2023).
· cites it 54× “293, 311 (1981)), the plain language of N.C.G.S. § 7B-1802 does not require the State in a juvenile petition to aver the elements of an offense with hyper-technical particularity to satisfy jurisdictional concerns.”
In Re Rpm, 616 S.E.2d 627 (N.C. Ct. App. 2005).
· cites it 4× “Section 7B-1802 of the North Carolina General Statutes provides in pertinent part: A petition in which delinquency is alleged shall contain a plain and concise statement, without allegations of an evidentiary nature, asserting facts supporting every element of a criminal offense…”
In re D.S., 197 N.C. App. 598 (N.C. Ct. App. 2009).
· cites it 2× “For a juvenile petition alleging delinquency to be valid, it: shall contain a plain and concise statement, without allegations of an evidentiary nature, asserting facts supporting every element of a criminal offense and the juvenile’s commission thereof with sufficient precision…”
In Matter of Kh, 674 S.E.2d 479 (N.C. Ct. App. 2009).
· cites it 6× “Subject Matter Jurisdiction The juvenile argues that the trial court lacked jurisdiction to adjudicate him delinquent since the juvenile petition filed against the juvenile failed to allege that he engaged in a "sexual act" and thus violated N.C. Gen. Stat. § 7B-1802, which…”
In the Matter of Kjh, 652 S.E.2d 71 (N.C. Ct. App. 2007).
· cites it 5× “N.C. Gen. Stat. § 7B-1802 (2005). "The general rule in this State and elsewhere is that an indictment for a statutory offense is sufficient, if the offense is charged in the words of the statute, either literally or substantially, or in equivalent words.”
In re I.E.H., 775 S.E.2d 926 (N.C. Ct. App. 2015).
· cites it 4× “N.C. Gen.Stat. § 7B-1802 (2014). Here, the delinquency petition charged Ira with attempted violation of N.”
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