The custody order shall be in writing and shall direct a law enforcement officer or other authorized person to take physical custody of the juvenile and to make due return on the order. A copy of the order shall be given to the juvenile's parent, guardian, custodian, or caretaker by the official executing the order.
An officer receiving an order for custody which is complete and regular on its face may execute it in accordance with its terms. If the court finds on the basis of the petition and request for nonsecure custody or the testimony of the petitioner that a less intrusive remedy is not available, the court may authorize a law enforcement officer to enter private property to take physical custody of the juvenile. If required by exigent circumstances of the case, the court may authorize a law enforcement officer to make a forcible entry at any hour. The officer is not required to inquire into the regularity or continued validity of the order and shall not incur criminal or civil liability for its due service. (1979, c. 815, s. 1; 1989, c. 124; 1998-202, s. 6; 1999-456, s. 60; 2015-43, s. 1.)
Notes of Decisions
Cited in
4
cases, 2006–2009 · 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 4× “The issuance of a nonsecure custody order is governed by N.C. Gen. Stat. § 7B-504 (2007), which provides, in pertinent part, that a non-secure custody order “shall be in writing and shall direct a law enforcement officer or other authorized person to assume custody of the…”
In re H.S.F., 628 S.E.2d 416 (N.C. Ct. App. 2006).
· cites it 2× “On 28 January 2004, District Court Judge Larry Wilson signed a non-secure custody order, pursuant to N.C. Gen.Stat. § 7B-504 (2005), on the grounds that the child was exposed to a substantial risk of physical injury under N.”
In Re Tp, 678 S.E.2d 781 (N.C. Ct. App. 2009).
· cites it 4× “The issuance of a nonsecure custody order is governed by N.C. Gen.Stat. § 7B-504 (2007), which provides, in pertinent part, that a nonsecure custody order "shall be in writing and shall direct a law enforcement officer or other authorized person to assume custody of the juvenile…”
In Re Hsf, 628 S.E.2d 416 (N.C. Ct. App. 2006).
· cites it 2× “On 28 January 2004, District Court Judge Larry Wilson signed a non-secure custody order, pursuant to N.C. Gen.Stat. § 7B-504 (2005), on the grounds that the child was exposed to a substantial risk of physical injury under N.”
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