(a) When a request is made for nonsecure custody, the court shall first consider release of the juvenile to the juvenile's parent, relative, guardian, custodian, or other responsible adult. An order for nonsecure custody shall be made only when there is a reasonable factual basis to believe the matters alleged in the petition are true, and any of the following apply:
(1) The juvenile has been abandoned.
(2) The juvenile has suffered physical injury, sexual abuse, or serious emotional damage as defined by G.S. 7B-101(1)e.
(3) The juvenile is exposed to a substantial risk of physical injury or sexual abuse because the parent, guardian, custodian, or caretaker has created the conditions likely to cause injury or abuse or has failed to provide, or is unable to provide, adequate supervision or protection.
(4) The juvenile is in need of medical treatment to cure, alleviate, or prevent suffering serious physical harm which may result in death, disfigurement, or substantial impairment of bodily functions, and the juvenile's parent, guardian, custodian, or caretaker is unwilling or unable to provide or consent to the medical treatment.
(5) The parent, guardian, custodian, or caretaker consents to the nonsecure custody order.
(6) The juvenile is a runaway and consents to nonsecure custody.
A juvenile alleged to be abused, neglected, or dependent shall be placed in nonsecure custody only when there is a reasonable factual basis to believe that there are no other reasonable means available to protect the juvenile. In no case shall a juvenile alleged to be abused, neglected, or dependent be placed in secure custody.
(b) Whenever a petition is filed under G.S. 7B-302(d1), the court shall rule on the petition prior to returning the child to a home where the alleged abuser or abusers are or have been present. If the court finds that the alleged abuser or abusers have a history of violent behavior against people, the court shall order the alleged abuser or abusers to submit to a complete mental health evaluation by a licensed psychologist or psychiatrist. The court may order the alleged abuser or abusers to pay the cost of any mental health evaluation required under this section. (1979, c. 815, s. 1; 1981, c. 426, ss. 1-4; c. 526; 1983, c. 590, ss. 2-6; 1987, c. 101; 1987 (Reg. Sess., 1988), c. 1090, s. 3; 1989, c. 550; 1998-202, s. 6; 1999-318, s. 4; 1999-456, s. 60; 2011-295, s. 2; 2019-33, s. 6.)
Notes of Decisions
Cited in
26
cases (
3 in the last 5 years), 2003–2026 · leading case:
In re T.P., 678 S.E.2d 781 (N.C. Ct. App. 2009).
In re T.P., 678 S.E.2d 781 (N.C. Ct. App. 2009).
· cites it 6× “The criteria for the issuance of a nonsecure custody order are set out in N.C. Gen. Stat. § 7B-503 (2007), which provides in relevant part that: ■ (a) .”
In re E.C., 621 S.E.2d 647 (N.C. Ct. App. 2005).
· cites it 2× “A finding of neglect alone is sufficient to support the trial court's decision to divest a parent of custody of their child.”
In Re Ivey, 576 S.E.2d 386 (N.C. Ct. App. 2003).
· cites it 2× “” N.C. Gen. Stat. § 7B-503(a) sets forth the criteria for nonsecure custody and states: “An order for nonsecure custody shall be made only when there is a reasonable factual basis to believe the matters alleged in the petition are true .”
In re A.S., 661 S.E.2d 313 (N.C. Ct. App. 2008).
· cites it 2× “§ 7B-502 (2007) states: Any district court judge shall have the authority to issue nonsecure custody orders pursuant to G.S. 7B-503. The chief district court judge may delegate the court's authority to persons other than district court judges by administrative order which shall…”
In re R.T.W., 614 S.E.2d 489 (N.C. 2005).
· cites it 3× “Child custody proceedings often begin, as they did here, with a DSS request for an emergency custody order based on the extreme circumstances detailed in N.C.G.S. § 7B-503. Even absent such a request, DSS may file a juvenile petition in district court alleging abuse, neglect, or…”
In re K.C.G., 615 S.E.2d 76 (N.C. Ct. App. 2005).
· cites it 12× “N.C. Gen.Stat. § 7B-503. As in Ivey , no request for nonsecure custody was presented in this case.”
In re H.S.F., 628 S.E.2d 416 (N.C. Ct. App. 2006).
· cites it 2× “§ 7B-504 (2005), on the grounds that the child was exposed to a substantial risk of physical injury under N.C. Gen.Stat. § 7B-503(a)(3) (2005). Pursuant to the seven-day deadline mandated by N.”
In re O.S., 625 S.E.2d 606 (N.C. Ct. App. 2006).
· cites it 3× “(d) If the court determines that the juvenile meets the criteria in G.S. 7B-503 and should continue in custody, the court shall issue an order to that effect.”
In Re Tp, 678 S.E.2d 781 (N.C. Ct. App. 2009).
· cites it 6× “The criteria for the issuance of a nonsecure custody order are set out in N.C. Gen. Stat. § 7B-503 (2007), which provides in relevant part that: (a) .”
In re: M.S. (N.C. Ct. App. 2025).
· cites it 6× “” N.C. Gen. Stat. § 7B-503(a) (2023). There is no evidence DHHS’ or the trial court’s actions ran afoul of Sections 7B-302(c) or 7B-503(a).”
In Re Os, 625 S.E.2d 606 (N.C. Ct. App. 2006).
· cites it 3× “(d) If the court determines that the juvenile meets the criteria in G.S. 7B-503 and should continue in custody, the court shall issue an order to that effect.”
In Re Hsf, 628 S.E.2d 416 (N.C. Ct. App. 2006).
· cites it 2× “§ 7B-504 (2005), on the grounds that the child was exposed to a substantial risk of physical injury under N.C. Gen.Stat. § 7B-503(a)(3) (2005). Pursuant to the seven-day deadline mandated by N.”
— N.C. Gen. Stat. § 7B-503(a) — 11 cases
In re E.C., 621 S.E.2d 647 (N.C. Ct. App. 2005).
“A finding of neglect alone is sufficient to support the trial court's decision to divest a parent of custody of their child.”
In Re Ivey, 576 S.E.2d 386 (N.C. Ct. App. 2003).
“” N.C. Gen. Stat. § 7B-503(a) sets forth the criteria for nonsecure custody and states: “An order for nonsecure custody shall be made only when there is a reasonable factual basis to believe the matters alleged in the petition are true .”
In re K.C.G., 615 S.E.2d 76 (N.C. Ct. App. 2005).
“N.C. Gen.Stat. § 7B-503. As in Ivey , no request for nonsecure custody was presented in this case.”
In re: M.S. (N.C. Ct. App. 2025).
“” N.C. Gen. Stat. § 7B-503(a) (2023). There is no evidence DHHS’ or the trial court’s actions ran afoul of Sections 7B-302(c) or 7B-503(a).”
In Re Ec, 621 S.E.2d 647 (N.C. Ct. App. 2005).
— N.C. Gen. Stat. § 7B-503(a)(3) — 2 cases
In re H.S.F., 628 S.E.2d 416 (N.C. Ct. App. 2006).
“§ 7B-504 (2005), on the grounds that the child was exposed to a substantial risk of physical injury under N.C. Gen.Stat. § 7B-503(a)(3) (2005). Pursuant to the seven-day deadline mandated by N.”
In Re Hsf, 628 S.E.2d 416 (N.C. Ct. App. 2006).
“§ 7B-504 (2005), on the grounds that the child was exposed to a substantial risk of physical injury under N.C. Gen.Stat. § 7B-503(a)(3) (2005). Pursuant to the seven-day deadline mandated by N.”
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