(a) When the office of the clerk is closed, a magistrate shall accept for filing the following:
(1) A petition alleging a juvenile to be abused, neglected, or dependent.
(2) A petition alleging the obstruction of or interference with an assessment required by G.S. 7B-302.
(b) The authority of the magistrate under this section is limited to emergency situations when a petition must be filed to obtain a nonsecure custody order or an order under G.S. 7B-303. Any nonsecure custody order or order under G.S. 7B-303 that is approved pursuant to G.S. 7B-502 when the office of the clerk is closed shall be effective and enforceable after the order is signed by a judicial official. Any petition accepted for filing under this section shall be delivered to the clerk's office for processing as soon as that office is open for business. (1979, c. 815, s. 1; 1987, c. 409, s. 3; 1998-202, s. 6; 1999-456, s. 60; 2005-55, s. 10; 2017-161, s. 2; 2025-16, s. 1.6(c).)
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 2008–2026 · leading case:
In re A.S., 661 S.E.2d 313 (N.C. Ct. App. 2008).
In re A.S., 661 S.E.2d 313 (N.C. Ct. App. 2008).
· cites it 2× “N.C. Gen.Stat. § 7B-404(b) (2007). In such situations, the statute requires that the petition be delivered to the clerk's office for processing as soon as the office reopens for business.”
In Re As, 661 S.E.2d 313 (N.C. Ct. App. 2008).
· cites it 2× “N.C. Gen.Stat. § 7B-404(b) (2007). In such situations, the statute requires that the petition be delivered to the clerk's office for processing as soon as the office reopens for business.”
In re: C.C. (N.C. Ct. App. 2026).
· cites it 3× “on the same day, Magistrate Clark issued the nonsecure custody order with telephonic approval from Judge Trivette, pursuant to N.C.G.S. §§ 7B-404, 7B-502, 7B-508. Such nonsecure custody orders may only be issued if the court find “a reasonable factual basis to believe the…”
In re: M.T. (N.C. Ct. App. 2014).
· cites it 4× “Section 7B-404 provides: (a) When the office of the clerk is closed, a magistrate may be authorized by the chief district court judge to draw, verify, and issue petitions as follows: (1) When the director of the department of social services requests a petition alleging a…”
— N.C. Gen. Stat. § 7B-404(a) — 1 case
In re: M.T. (N.C. Ct. App. 2014).
“Section 7B-404 provides: (a) When the office of the clerk is closed, a magistrate may be authorized by the chief district court judge to draw, verify, and issue petitions as follows: (1) When the director of the department of social services requests a petition alleging a…”
— N.C. Gen. Stat. § 7B-404(b) — 2 cases
In re A.S., 661 S.E.2d 313 (N.C. Ct. App. 2008).
“N.C. Gen.Stat. § 7B-404(b) (2007). In such situations, the statute requires that the petition be delivered to the clerk's office for processing as soon as the office reopens for business.”
In Re As, 661 S.E.2d 313 (N.C. Ct. App. 2008).
“N.C. Gen.Stat. § 7B-404(b) (2007). In such situations, the statute requires that the petition be delivered to the clerk's office for processing as soon as the office reopens for business.”
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