JUVENILE LAW:
Evidence in
Juvenile Hearings
(H 126) (SL 2003-126): This bill allows for reliable hearsay
evidence to be admitted at dispositional hearings and permanency
planning reviews in juvenile court. The act became effective when
it was signed into law on May 20, 2003.
Amend Juvenile
Law (H
1037) (SL 2003-297): This bill establishes criminal penalties for
someone who allows a juvenile to escape from a juvenile detention
facility. The bill also requires a juvenile detention facility to
photograph juveniles over 10 years old at the time they allegedly
committed a nondivertible offense. The photograph may be used by
the facility if the juvenile escapes from custody. The section of
the bill regarding punishment for those allowing escape of a
juvenile is effective December 1, 2003, and applies to offenses
committed on or after that date. The remainder of the act becomes
effective October 1, 2003.
Juvenile
Code Revisions/Ct. Improvement Project
(H 1048) (SL 2003-140): This bill amends preparation and
requirements of predisposition reports in abuse and neglect cases in
juvenile court. Section 7B-304 is repealed. This section required
the director of the department of social services to prepare a
report in compliance with another section of the statutes (N.C.G.S.
7B-503). Similar language is included in the revised section
7B-808. The revisions to section 7B-808 allow the court to go
forward into disposition without a predisposition report if the
court makes written findings that the report is not necessary. The
new language also allows the chief district court judge to adopt
local rules that prohibits disclosure of the report to the juvenile
if the court determines it is not in the best interest of the
juvenile to read such a report. The court may not violate any other
statutes regarding confidentiality of these records when
establishing local rules.
The bill also
amends the termination of parental rights statute to further define
what makes a parent
Aincapable@
of taking care of their children.
The
APurposes@
section of the Abuse, Neglect and Dependency chapter of the general
statues is amended to add a new paragraph that includes the
standards established in the Adoption and Safe Families Act of
1997.
A new section of
N.C.G.S. Chapter 7B, Article 4 is amended to require the clerk to
provide a copy of a petition alleging abuse or neglect to the local
guardian ad litem office. Other language is added to Chapter 7B
that governs the appointment of a guardian ad litem and that states
clearly that someone other than a parent who becomes a guardian must
understand the legal significance of the guardianship and has
adequate resources to care for the juvenile.
Also the definition
of
Acourt
officer@
for purposes of Chapter 14, Article 5A.
AEndangering
Executive, Legislative and Court Officers.@
is amended to include attorneys acting on behalf of the department
of social services or other individual appointed under guardianship
statutes. The definition of court officer section becomes
effective December 1, 2003, and applies to offenses committed on or
after that date. The remainder of the act became effective on June
4, 2003, when it was enacted into law. |
