Juvenile Law

Question 1

DSS

Answer 1

Department of Social Services (DSS)

Question 2

Juvenile Justice

Answer 2

Is the department that manages juvenile corrections.

Question 3

Beyond Parental Control

Answer 3

When a juvenile is beyond parental control, the parent is unable or unwilling to maintain discipline and control over their child.

Question 4

Runaway Juvenile

Question 5

Abused Juvenile

Answer 5

Any juvenile less than eighteen years of age who is a minor victim of human trafficking under N.C.G.S. 14-43.15 or whose parent, guardian, custodian, or caretaker.

1. Inflicts or allows to be inflicted upon the juvenile a serious physical injury by other than accidental means;
2. Creates or allows to be created a substantial risk of serious physical injury to the juvenile by the other than accidental means;
3. Uses or allows to be used upon the juvenile cruel or grossly inappropriate procedures or cruel or grossly inappropriate devices to modify behavior;
4. Commits, permits, or encourages the commission of a violation of the following laws by, with, or upon the juvenile:
a. First degree rape
b. Statutory rape of a child by an adult offender
c. First degree statutory rape
d. First degree statutory sexual offense
e. Second degree rape
f. First degree sexual offense
g. Second degree sexual offense
h. Sexual activity with a student
i. Sexual act by a custodian
j. Crime against nature
k. Incest
l. Preparation of obscene photographs, slides, or motion pictures of the juvenile
m. Employing or permitting the juvenile to assist in a violation of the obscenity laws
n. Dissemination of obscene material
o. Displaying or disseminating material harmful to the juvenile
p. First and second degree sexual exploitation of the juvenile
q. Promoting the prostitution
r. Taking indecent liberties with the juvenile
s. Unlawful sale, surrender, or purchase of a minor

5. Creates or allows to be created serious emotional damage to the juvenile; serious emotional damage is evidenced by a juvenile’s sever anxiety, depression, withdrawal, or aggressive behavior toward himself or others;
6. Encourages, directs, or approves of delinquent acts involving moral turpitude (acts which evidence a depraved mind or disregard for acceptable societal standards) committed by the juvenile. Such acts have been held to include fraud, larceny, prostitution

Question 6

Caretaker

Answer 6

Any person other than a parent, guardian, or custodian who has responsibility for the health and welfare of a juvenile in a residential setting. (Also includes childcare worker).

Question 7

Custodian

Answer 7

“The person or agency that has been awarded legal custody of a juvenile by a court.”

Question 8

Dependent Juvenile

Answer 8

A juvenile in need of assistance or placement because
(i) the juvenile has no parent, guardian, or custodian responsible for the juvenile’s care or supervision

(ii) or the juvenile’s parent, guardian, or custodian is unable to provide for the juvenile’s care or supervision and lacks an appropriate alternative child care arrangement.

Question 9

Serious Neglect

Answer 9

Conduct, behavior, or inaction of the juvenile’s parents, guardian, custodian, or caretaker that evidences a disregard of consequences of such magnitude that the conduct, behavior, or inaction constitutes an unequivocal danger to the juvenile’s health, welfare, or safety, but does not constitute abuse.

Question 10

Neglected Juvenile

Answer 10

Any juvenile less than 18 years of age

(i) who is found to be a minor victim of human trafficking under G.S. 14-43.15 or

(ii) whose parent, guardian, custodian, or caretaker does not provide proper care, supervision, or discipline;
* or who has been abandoned;
* or who is not provided necessary medical care;
* or who is not provided necessary remedial care;
* or whose parent, guardian, or custodian has refused to follow the recommendations of the Juvenile and Family Team pursuant to Article 27A of this Chapter;
* or who lives in an environment injurious to the juvenile’s welfare;
* or the custody of whom has been unlawfully transferred under G.S. 14-321.2;
or who has been placed for care or adoption in violation of law.

Question 11

Reasonable Efforts

Answer 11

The diligent use of preventive or reunification services by a department of social services when a juvenile’s remaining at home or returning home is consistent with achieving a safe, permanent home for the juvenile within a reasonable period of time.

Question 12

Safe Home

Answer 12

A home in which the juvenile is not at substantial risk of physical or emotional abuse or neglect.

Question 13

Juvenile court jurisdiction

Answer 13

The court has exclusive, original jurisdiction over any case involving a juvenile who is alleged to be abused, neglected, or dependent.

Handled in District Court

Question 14

Once jurisdiction has been obtained it will continue until one of the following conditions is met:

Answer 14

a. Until terminated by the court, or
b. Until the juvenile reaches eighteen years of age, or
c. Until emancipation

Question 15

Undisciplined juvenile

Answer 15

• A juvenile who, while less than sixteen 16 years of age but at least 10 years of age,
• is unlawfully absent from school; or is
• regularly disobedient to and beyond the disciplinary - control of the juvenile’s parent, guardian, or custodian; or is
• regularly found in places where it is unlawful for a juvenile to be; or
• has run away from home for a period of more than 24 hours; or

A juvenile who is sixteen or seventeen years of age and who is regularly disobedient to and beyond the disciplinary control of the juvenile’s parent, guardian, or custodian; or is regularly found in places where it is unlawful for a juvenile to be; or has run away from home for a period of more than 24 hours

Question 16

Violent Offense

Answer 16

Any offense that inflicts upon the juvenile serious bodily injury or serious physical injury by other than accidental means.

Question 17

Law enforcement investigations role

Answer 17

1. Provide necessary medical assistance
2. Notify the Department of Social Services immediately if there is cause to believe the juvenile is abused, neglected, or dependent. This should become a team effort when the social worker arrives.
3. IF applicable, notify the juvenile investigators as directed by agency policy.
4. Take child into temporary custody if necessary and applicable.
5. Crime scenes should be handled the same as any other - protect and/or gather evidence, photograph injuries, and so forth. However, consent of a party with authority to give consent, or search warrant, may be required to conduct a crime scene search.
6. Conduct interviews. Additional training may be needed to conduct a child interview to protect the statement as evidence in court. If your agency works with a child advocacy center, contact should be made with the center to conduct a forensic interview in instances of alleged sexual abuse.
7. Answering complaints
   Interference with assessment

Question 18

Duty to Report

Answer 18

Under G.S. 14-318.6, any person eighteen years of age or older who knows or should reasonably know that a juvenile is or has been the victim of a violent offense, sexual offense, or misdemeanor child abuse under 14-318.2 must immediately report the case to the appropriate law enforcement agency in the county where the juvenile resides or is found.

Question 19

Acts which constitute obstruction of or interference with an investigation include refusal to do any of the following:

Answer 19

a. Disclose whereabouts of the juvenile

b. Allow the Director access to the juvenile or information and records upon request

c. Allow the Director to arrange for medical or other evaluation of the juvenile by an expert.

Any other conduct which makes it impossible for DSS to carry out its duty to investigate is also deemed to constitute obstruction or interference.

Question 20

Authority of Medical Professional

Answer 20

• shall have the right, when authorized by the chief district judge, to retain physical custody of the juvenile for medical treatment.
• DSS must be notified in these instances, and they are required to immediately begin an assessment.
• The time limit is twelve hours, which gives the Department of Social Services’ social worker time to obtain a nonsecure order.

Question 21

Serious Bodily Injury

Answer 21

Bodily injury that creates a substantial risk of death, or that causes serious permanent disfigurement, coma, a permanent or protracted condition that causes extreme pain, or permanent or protracted loss or impairment of the function of any bodily member or organ, or that results in prolonged hospitalization

Question 22

Serious Physical Injury

Answer 22

means physical injury that causes great pain and suffering and includes serious mental injury.

Question 23

Misdemeanor Child Abuse

Answer 23

A person guilty of this offense

1. (a) is a parent of a child less than 16 years of age or
   (b) Is a person providing care to or supervision of a child less than 16 years of age and
2. (a) inflicts physical injury on
   (b) allows physical injury to be inflicted on, or
   (c ) creates or allows to be created a substantial risk of physical injury to
3. The child
4. Other than by accident