(a) Temporary custody means the taking of physical custody and providing personal care and supervision until a court order for nonsecure custody can be obtained. A juvenile may be taken into temporary custody without a court order by a law enforcement officer or a department of social services worker if there are reasonable grounds to believe that the juvenile is abused, neglected, or dependent and that the juvenile would be injured or could not be taken into custody if it were first necessary to obtain a court order. If a department of social services worker takes a juvenile into temporary custody under this section, the worker may arrange for the placement, care, supervision, and transportation of the juvenile.
(b) The process for taking into temporary custody a safely surrendered infant is as provided under Article 5A of this Subchapter.
(c) Repealed by Session Laws 2023-14, s. 6.2(d), effective October 1, 2023, and applicable to infants safely surrendered on or after that date.
(d) Repealed by Session Laws 2023-14, s. 6.2(d), effective October 1, 2023, and applicable to infants safely surrendered on or after that date.
(e) Repealed by Session Laws 2023-14, s. 6.2(d), effective October 1, 2023, and applicable to infants safely surrendered on or after that date. (1979, c. 815, s. 1; 1985, c. 408, s. 1; 1985 (Reg. Sess., 1986), c. 863, s. 1; 1994, Ex. Sess., c. 27, s. 2; 1995, c. 391, s. 1; 1997-443, s. 11A.118(a); 1998-202, s. 6; 1999-456, s. 60; 2001-291, s. 2; 2021-182, s. 3(a); 2023-14, s. 6.2(d).)
Notes of Decisions
Cited in
19
cases (
2 in the last 5 years), 2003–2023 · leading case:
In re T.R.P., 636 S.E.2d 787 (N.C. 2006).
In re T.R.P., 636 S.E.2d 787 (N.C. 2006).
· cites it 3× “N.C.G.S. § 7B-500 (2005). Whether or not the petition is verified, DSS intervention could still be inappropriate.”
In Re Ivey, 576 S.E.2d 386 (N.C. Ct. App. 2003).
· cites it 6× “DSS contends that it had authority to take the child into custody under N.C. Gen. Stat. § 7B-500 which states: Temporary custody means the taking of physical custody and providing personal care and supervision until a court order for nonsecure custody can be obtained.”
In re C.W., 641 S.E.2d 725 (N.C. Ct. App. 2007).
· cites it 4× “For purposes of Chapter 7B, we understand "removal" to mean taken into temporary custody pursuant to N.C. Gen.Stat. § 7B-500 (2005) or nonsecure custody pursuant to N.”
McCorvey v. Hill, 385 F.3d 846 (5th Cir. 2004).
“§ 372-g (2000); N.C. Gen.Stat. § 7B-500 (2001); N.D. Cent.”
In re E.C., 621 S.E.2d 647 (N.C. Ct. App. 2005).
“In order to remove a juvenile from the parents' custody the trial court must determine that the juvenile is "abused, neglected, or dependent.”
Whittington v. Hendren, 576 S.E.2d 372 (N.C. Ct. App. 2003).
“Section 7B-1111(7) of the General Statutes provides that termination of parental rights may be ordered if: The parent has willfully abandoned the juvenile for at least six consecutive months immediately preceding the filing of the petition or motion, or the parent has…”
In Re Trp, 636 S.E.2d 787 (N.C. 2006).
· cites it 3× “N.C.G.S. § 7B-500 (2005). Whether or not the petition is verified, DSS intervention could still be inappropriate.”
In re K.C.G., 615 S.E.2d 76 (N.C. Ct. App. 2005).
· cites it 4× “Here, however, the trial judge issued a court order granting sole and exclusive temporary custody of K.”
In re Q.V., 596 S.E.2d 867 (N.C. Ct. App. 2004).
· cites it 2× “N.C. Gen. Stat. §§ 7B-500 et seq. (2003).”
In Re Cw, 641 S.E.2d 725 (N.C. Ct. App. 2007).
· cites it 4× “For purposes of Chapter 7B, we understand "removal" to mean taken into temporary custody pursuant to N.C. Gen.Stat. § 7B-500 (2005) or nonsecure custody pursuant to N.”
Sahoo v. Gleaton (E.D.N.C. 2019).
· cites it 4× “§ 7B-500 when they took custody of plaintiffs’ children on March 6.”
In Re Qv, 596 S.E.2d 867 (N.C. Ct. App. 2004).
· cites it 2× “N.C. Gen.Stat. §§ 7B-500 et seq. (2003). Thus, any party seeking to enforce a child custody determination pursuant to G.”
— N.C. Gen. Stat. § 7B-500(a) — 4 cases
In Re Ivey, 576 S.E.2d 386 (N.C. Ct. App. 2003).
“DSS contends that it had authority to take the child into custody under N.C. Gen. Stat. § 7B-500 which states: Temporary custody means the taking of physical custody and providing personal care and supervision until a court order for nonsecure custody can be obtained.”
In re K.C.G., 615 S.E.2d 76 (N.C. Ct. App. 2005).
“Here, however, the trial judge issued a court order granting sole and exclusive temporary custody of K.”
Sahoo v. Gleaton (E.D.N.C. 2019).
“§ 7B-500 when they took custody of plaintiffs’ children on March 6.”
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