In its 1998 session, the General Assembly undertook the first complete review and revision of North Carolina's juvenile laws since 1979. The Juvenile Justice Reform Act, S.L. 1998-202 (S 1260), substantially changes the procedures and sanctions that apply to young people who violate the law (delinquent juveniles) or who commit status offenses, such as running away from home or being beyond a parent's control (undisciplined juveniles). It also rewrites and recodifies numerous other juvenile laws.

In response to federal funding requirements, the General Assembly also enacted the Adoption and Safe Families Act, S.L. 1998-229 (H 1720), which makes less extensive, but significant, changes relating to juvenile court proceedings involving child abuse, neglect, or dependency, and termination of parental rights. Bills that would have made much more extensive changes in those laws (H 1561 and S 1513) were not enacted, but the Legislative Research Commission is authorized to review those proposals and make recommendations about them to the 1999 General Assembly.

The Adoption and Safe Families Act, S.L. 1998-229 (H 1720), makes numerous changes to the parts of the Juvenile Code that apply to abused, neglected, and dependent juveniles and to the law regarding termination of parental rights. It also amends the adoption law, G.S. Chapter 48, to require criminal history checks of prospective adoptive parents for children who are in the custody of a county department of social services.

Unless a different date is specified, the statutory changes described in this section are effective January 1, 1999, and apply

• to abuse, neglect, and dependency reports received, juvenile petitions filed, and review hearings commenced on or after that date;
• to termination of parental rights petitions filed on or after that date; and
• to any adoptive placement of a minor who is in the custody of a county department of social services on or after that date.

Effective July 1, 1999, the Juvenile Code and termination of parental rights provisions discussed here are recodified as parts of a new Juvenile Code, G.S. Chapter 7B.

S.L. 1998-229 amends G.S. 7A-517 to define or redefine the following terms.

• "Aggravated circumstances" means any circumstance attending to the commission of an act of abuse or neglect that increases its enormity or adds to its injurious consequences, including, but not limited to, abandonment, torture, chronic abuse, or sexual abuse.
• "Court of competent jurisdiction" means a court having the power and authority of law to act over the subject matter of the cause.
• The definition of a "neglected" juvenile is amended to specify that the fact that a juvenile lives in a home where another juvenile has died as a result of suspected abuse or neglect is relevant in determining whether the juvenile is neglected.
• "Reasonable efforts" is redefined to include the diligent and timely use of permanency planning services by a department of social services to develop and implement a permanent plan for the juvenile, when a court of competent jurisdiction has determined that the juvenile should not be returned home.

S.L. 1998-229 restores to G.S. 7A-544 the requirements that a county director of social services, upon receiving a report of a juvenile's death as a result of suspected maltreatment, (1) ascertain whether other juveniles remain in the home and (2), if they do, initiate an investigation to determine whether they require protective services or should be removed from the home for their protection.

G.S. 7A-576(a) addresses where a juvenile may be placed when the court orders that the juvenile be removed from the home after the filing of a petition and before the adjudicatory hearing. S.L. 1998-229 amends this subsection to specify that placement with a relative requires approval by the court and designation of the relative's home in the nonsecure custody order. S.L. 1998-229 also amends both that subsection and G.S. 7A-577(i)(2), which relates to hearings on the need for continued nonsecure custody, to

• allow the court not to place the juvenile with a relative who is willing and able to provide proper care and supervision in a safe home, if the court finds that the placement would be contrary to the juvenile's best interests;
• require the court, in placing a juvenile in nonsecure custody, to consider the Indian Child Welfare Act (Pub. L. No. 95-608, 25 U.S.C. §§ 1901 et seq.) and the Howard M. Metzenbaum Multiethnic Placement Act of 1994 (Pub. L. No. 103-382, 108 Stat. 4056), if they apply to the case.

"Reasonable efforts" (a term of art that originated in federal funding requirements) refers to the obligation of a county department of social services to use services diligently to (1) prevent the need to remove a juvenile from his or her own home; (2) reunify a family after a juvenile has been removed from the home; or (3) if the court has determined that the juvenile should not be returned home, implement a permanent plan for the juvenile.

Consolidation of Statutory Provisions. Instead of repeating requirements about reasonable efforts in the various sections to which they apply, S.L. 1998-229 puts all reasonable efforts provisions in new G.S. 7A-577.1. The section applies to any order (whether an order for continued nonsecure custody, a dispositional order, or a review order) that places or continues the placement of a juvenile in the custody of a county department of social services.

When Efforts to Eliminate Need for Placement May Cease. New G.S. 7A-577.1 lists circumstances in which the court, after making written findings, may direct that reasonable efforts to eliminate the need for a juvenile's placement are not required or shall cease. These include the circumstances in which the law has required the court to specify that reunification efforts are not required or to order that they cease (i.e., when the efforts clearly would be futile or would be inconsistent with the juvenile's safety and need for a safe, permanent home within a reasonable period of time). The new section, however, refers to "health and safety," rather than just "safety." The new section also allows the court to direct that efforts to eliminate the need for placement are not required or shall cease, if the court finds that a court of competent jurisdiction

• has determined that the parent has subjected the child to aggravated circumstances, or
• has terminated the parent's rights to another child of the parent, or
• has determined that the parent has committed murder or voluntary manslaughter of another child of the parent; has aided, abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of the child or another child of the parent; or has committed a felony assault resulting in serious bodily injury to the child or another child of the parent.

Contents of Order Placing Juvenile with Department of Social Services. S.L. 1998-229 makes the following changes to the Juvenile Code provisions regarding the contents of orders that place or continue the placement of a juvenile with a department of social services.

1. Unless the court has determined previously that reasonable efforts are not required or shall cease, the order must contain findings as to (a) whether the department of social services has made reasonable efforts to prevent or eliminate the need for placement and (b) whether the department should continue to make reasonable efforts to eliminate the need for placement.
2. The order may provide for services or other efforts aimed not only at returning a juvenile to a safe home, but also at achieving another permanent plan for a juvenile.
3. If the court finds that efforts to eliminate the need for placement are not required or shall cease, the court must direct that a permanency planning hearing be held within thirty calendar days and, if practicable, set the date and time for that hearing.

Safety as Paramount Concern. New G.S. 7A-577.1(d) makes clear that in determining what reasonable efforts must be made and in making those efforts, the juvenile's health and safety must be the paramount concern.

Concurrent Planning. G.S. 7A-577.1(d) authorizes making concurrent efforts (1) to preserve or reunify families and (2) to plan for the juvenile's adoption, to place the juvenile with a legal guardian, or to place the juvenile in another permanent arrangement.

S.L. 1998-229 amends G.S. 7A-629 to require that the adjudicatory hearing be held no later than sixty days from the filing of the petition, unless the court, pursuant to the Juvenile Code's provision for continuances, orders that it be held at a later time. (As noted below, from January 1, 1999, through June 30, 1999, this requirement also applies to cases of undisciplined and delinquent juveniles.)

Placement with Relative. G.S. 7A-647 lists the dispositional alternatives that are available in any juvenile case. S.L. 1998-229 amends that section to require the court, when ordering a juvenile's placement in out-of-home care, (1) to determine whether a relative is willing and able to provide proper care and supervision of the juvenile in a safe home and (2) if such a relative is available, to place the juvenile with the relative unless the court finds that the placement would be contrary to the juvenile's best interests.

Visitation and Return Home. S.L. 1998-229 amends G.S. 7A-647 and G.S. 7A-651 to

• forbid a department of social services that has custody of a juvenile from allowing unsupervised visitation with, or returning physical custody to, the parent or person standing in loco parentis, unless the court, after a hearing, finds that the juvenile will receive proper care and supervision in a safe home;
• require that any dispositional order provide for appropriate visitation that is in the best interests of the juvenile and consistent with the juvenile's health and safety;
• authorize the court to order the director of social services to arrange, facilitate, and supervise a visitation plan expressly approved by the court for a juvenile who is placed in the department's custody.

Scheduling of Review Hearing. As amended, G.S. 7A-651(b) requires that a dispositional order removing custody of a juvenile from a parent or person standing in loco parentis direct that a review hearing be held within ninety days from the date of the dispositional hearing.

Timing and Nature of Hearings. By amending G.S. 7A-657 and adding new G.S. 7A-657.1, S.L. 1998-229 makes significant changes relating to the court's review of cases after a juvenile's removal from the custody of a parent or a person standing in loco parentis.

• An initial review hearing must be held within ninety days from the date of the dispositional hearing (instead of six months from the date the order was entered).
• A second review hearing must be held within six months after the first review.
• A permanency planning review hearing must be held within twelve months after the initial order removing custody from the parent or person standing in loco parentis. If appropriate, this hearing may be combined with an initial or second review hearing. The purpose of this hearing is to develop a plan to achieve a safe, permanent home for the juvenile within a reasonable period of time.
• Subsequent permanency planning review hearings must be held at least every six months to review progress in implementing the permanency plan for the juvenile or, if necessary, to make a new permanency plan.

Notice. The director of social services continues to be responsible for making timely requests to the clerk to calendar cases for review. The clerk must give fifteen days notice of each hearing and its purpose to the parent; any person standing in loco parentis; the juvenile, if he or she is twelve years old or older; the guardian; any foster parent, relative, or preadoptive parent caring for the juvenile; the custodian or agency with custody; the guardian ad litem; and any other person or agency the court specifies. The court must consider information from any person or agency that is entitled to notice, as well as from juveniles younger than twelve. The fact that a foster parent, relative, or preadoptive parent receives notice and an opportunity to be heard, however, does not make that person a party to the proceeding.

Findings at First or Second Review Hearing. At the first two hearings (the first within ninety days of the dispositional hearing and the second within six months of the first review) the court must consider and, where relevant, make findings about the following additional issues:

• an appropriate visitation plan;
• if the juvenile is sixteen or seventeen years old, a report on an independent living assessment of the juvenile and, if appropriate, an independent living plan for the juvenile.

Findings at Permanency Planning Review Hearings. At the conclusion of a permanency planning review hearing, if the court does not return the juvenile home, the court must consider and make written findings about each one of the following issues that is relevant in the case.

• Whether it is possible for the juvenile to be returned home immediately or within six months and, if not, why it is not in the juvenile's best interests to return home.
• If the juvenile's return home within six months is unlikely, (1) whether legal guardianship or custody should be given to a relative or another suitable person and, if so, what rights and responsibilities should remain with the parents; (2) whether adoption should be pursued and, if so, any barriers to the juvenile's adoption; and (3) whether the juvenile should remain in the current placement or be placed in another permanent living arrangement, and why.
• Whether the county department of social services, since the first permanency planning review hearing, has made reasonable efforts to implement the permanent plan for the juvenile.
• Any other issue the court deems necessary.

At the conclusion of every permanency planning review hearing, the court must make specific findings as to the best plan of care to achieve a safe, permanent home for the juvenile within a reasonable period of time.

Orders at Permanency Planning Review Hearings. Based on the findings described above, if the juvenile is not returned home at the conclusion of a permanency planning review hearing, the court may appoint a guardian of the person for the juvenile or make any disposition authorized in the Juvenile Code. The court must direct the department of social services to make reasonable efforts to place the juvenile in a timely manner in accordance with the permanent plan, to complete any steps necessary to finalize the permanent placement, and to document those actions in the juvenile's case plan.

Requirement that Termination of Parental Rights Petition Be Filed. At the conclusion of a permanency planning review hearing, unless the court finds that a statutory exception applies, the court must order the director of the department of social services to initiate a proceeding to terminate parental rights if

• the juvenile is in the custody or placement responsibility of a county department of social services and has been in placement outside the home for fifteen of the most recent twenty-two months; or
• a court of competent jurisdiction has determined that the parent (1) has abandoned the child; (2) has committed murder or voluntary manslaughter of another child of the parent; or (3) has aided, abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of the child or another child of the parent.

Even when those circumstances exist, however, the court is not required to order the filing of a termination of parental rights petition if

• the permanent plan for the juvenile is guardianship or custody with a relative or some other suitable person; or
• the court makes specific findings as to why the filing of a petition for termination of parental rights is not in the juvenile's best interests; or
• the department of social services has not provided the juvenile's family with services the department deems necessary, when reasonable efforts are still required to enable the juvenile's return to a safe home.

If a proceeding to terminate parental rights is necessary in order to carry out the permanent plan for the juvenile, the director of the department of social services must file the petition within sixty calendar days from the date of the permanency planning hearing, unless the court makes written findings as to why the petition cannot be filed within sixty days. In that case, the court must specify the time frame in which the petition must be filed.

Post-Termination of Parental Rights Review Hearings. S.L. 1998-229 amends G.S. 7A-659 to require that a relative or preadoptive parent, as well as a foster parent, providing care for a child be given notice of, and an opportunity to be heard at, a post-termination of parental rights review hearing. It also specifies that these rights do not make those persons parties to the proceedings.

Petition as Motion in the Cause. New G.S. 7A-289.23.1, enacted by S.L. 1998-229, simplifies the procedure for initiating a proceeding to terminate parental rights by allowing a petition for termination of parental rights to be filed as a motion in the cause in a pending abuse, neglect, or dependency proceeding. A parent who was served previously in accordance with G.S. 7A-565 in the abuse, neglect, or dependency proceeding "shall be served with the petition to terminate parental rights in accordance with G.S. 1A-1, Rule 5."

Since the new section refers to filing the petition as a motion, it is not clear whether the pleading to which it refers is fundamentally a petition or a motion. The section does not make any reference to a new summons, and it would be unusual to have a summons issued and served with a motion in the cause. G.S. 7A-289.27, however, continues to require that a summons be issued to the parent upon the filing of a petition to terminate parental rights. S.L. 1998-229 does not amend G.S. 7A-565 to include in the summons in the original juvenile case any notice or information about the possible termination of parental rights. Unless the summons provision in the termination statute, G.S. 7A-289.27, applies when the termination petition is filed as a motion, there is no provision for giving the parents the kinds of notice that section requires. On the other hand, some parts of that notice-such as, "[T]his is a new case"-are not appropriate when the petition is filed as a motion.

While other statutory changes in the Adoption and Safe Families Act are effective January 1, 1999, this new section became effective when the act became law, November 6, 1998. This earlier effective date was probably inadvertent. During the session, this provision was added to the original bill as Section 9.1. The act makes Sections 1 through 9 (dealing with abuse, neglect, and dependency) and Sections 10 and 11 (dealing with termination of parental rights) effective January 1, 1999. After specifying other effective dates for other sections, it provides that the remainder of the act is effective when it becomes law. It is likely that this part of the bill simply was not adjusted when Section 9.1 was added, especially since the act also fails to provide for the section to expire on July 1, 1999, when the new Juvenile Code becomes effective, as it does for the amended termination of parental rights provisions.

Summons. S.L. 1998-229 amends G.S. 7A-289.27 to require that any county department of social services to which a court has given placement responsibility for the child be named as a respondent and served with summons unless the department is the petitioner. Upon service, the department is deemed a party and must file a written answer to the petition for termination of parental rights.

Amended Grounds for Terminating Parental Rights. S.L. 1998-229 amends G.S. 7A-289.32(3) to allow termination when a parent has willfully left the child in placement outside the home for more than twelve months without showing reasonable progress to correct the conditions that led to the child's removal. Previously, this subdivision referred only to willfully leaving the child in foster care.

The act also rewrites G.S. 7A-289.32(8), which allows termination when a parent has willfully abandoned the child for at least six consecutive months immediately preceding the filing of the petition. It deletes the remainder of the subdivision, which (1) provided that a child could be considered to have been abandoned by the natural father if he had willfully abandoned the child's mother at the time of the child's birth, even if he did not know of the child's birth, and (2) required that the child be over the age of three months when the petition was filed.

New Grounds for Terminating Parental Rights. S.L. 1998-229 adds as new G.S. 7A-289.32(9) and (10) the following new grounds for terminating parental rights.

The Adoption and Safe Families Act amends various sections of G.S. Chapter 48 to provide that a minor who is in the custody or placement responsibility of a county department of social services may be placed with a prospective adoptive parent only after

1. completion of an investigation of the prospective adoptive parent's criminal history, and
2. a determination, based on the criminal history, as to the individual's fitness to have responsibility for the safety and well-being of children.

These changes are described more fully in Chapter 24 (Social Services).

The Juvenile Justice Reform Act, S.L. 1998-202 (S 1260), which is described below, revises and recodifies the Juvenile Code as new G.S. Chapter 7B, which becomes effective July 1, 1999. The new code incorporates the changes described above. Otherwise, however, it makes very few changes in the law relating to abused, neglected, or dependent juveniles or to termination of parental rights.

The new code separates provisions relating to abuse, neglect, and dependency from those relating to undisciplined and delinquent juveniles, which the former code often addressed together. As a result, it includes many wording changes and, in a few cases, makes substantive changes in an attempt to follow the probable intent of the former law. For example, former law required the clerk to issue a summons to the juvenile in every juvenile case. The new code retains that requirement only for juveniles who are alleged to be undisciplined or delinquent.

The Juvenile Justice Reform Act includes in the new code several existing statutes that relate to abuse, neglect, and dependency but that have not been part of the Juvenile Code. The new code's provisions on prevention of abuse and neglect (formerly, art. 10 of G.S. Ch. 110), delete the requirement that the State Board of Education designate the Interagency Advisory Council on Community Schools in the Department of Public Instruction as the Advisory Council on Prevention of Child Abuse and Neglect. Instead, it gives to the department responsibilities formerly assigned to the division or council.

S.L. 1998-229 authorizes the Legislative Research Commission to study other issues relating to child abuse, neglect, and dependency and termination of parental rights, including proposals that were included in House Bill 1561 and Senate Bill 1513. The commission may report to the 1999 General Assembly on or before December 1, 1999.

In September, 1997, the Governor appointed the Governor's Commission on Juvenile Crime and Justice to conduct a thorough and comprehensive review of the state's juvenile justice system. The commission, aided by four advisory committees, looked at issues relating to (1) prevention, (2) agency structure, (3) the Juvenile Code, and (4) sanctions for juvenile offenders. In March, 1998, the commission issued its Final Report, containing sixty-one recommendations for changes in the state's juvenile justice system and laws. Nearly identical bills (H 1373 and S 1260) reflecting these recommendations occupied House and Senate Judiciary Committees for much of the 1998 session. The Juvenile Justice Reform Act, S.L. 1998-202 (S 1260), completely rewrites the Juvenile Code, enacts many of the commission's recommendations, and makes a number of significant amendments to North Carolina's laws regarding delinquent and undisciplined juveniles.

Agency Restructuring. The creation of the Office of Juvenile Justice and other provisions relating to agency restructuring are effective January 1, 1999.

New Juvenile Code. The new Juvenile Code, Chapter 7B of the General Statutes, becomes effective July 1, 1999. Some agency directives and study provisions became effective when the act became law on October 27, 1998. The effective date for existing provisions relating to the registration of certain juvenile sex offenders remains October 1, 1999. (In reference to the Juvenile Code in this chapter, "former law" refers to Subchapter XI of G.S. Chapter 7A, which remains in effect through June 30, 1999; "new law" or "new code" refers to G.S. Chapter 7B, which becomes effective July 1, 1999.)

Timing of Adjudicatory Hearing. The Adoption and Safe Families Act, S.L. 1998-229 (H 1720), discussed above, amends G.S. 7A-629, effective January 1, 1999, to require that adjudicatory hearings be held no later than sixty days from the filing of the petition, unless the court orders that it be held at a later time. From January 1, 1999, through June 30, 1999, this requirement applies to cases of undisciplined and delinquent juveniles as well as to abuse, neglect, and dependency cases. The new code that becomes effective July 1, 1999, however, includes this requirement only for abuse, neglect, and dependency cases. For cases of undisciplined and delinquent juveniles, it requires only that the adjudicatory hearing be held within a reasonable time.

Creation. Juvenile justice functions have long been carried out by two divisions in two separate departments and branches of state government-the Division of Youth Services of the Department of Health and Human Services (DHHS) and the Juvenile Services Division of the Administrative Office of the Courts (AOC) in the Judicial Department. The former is responsible for juvenile detention facilities, training schools, and community-based alternatives. The latter provides screening, intake, probation, and aftercare (supervision following release from training school) services.

The General Assembly considered and rejected, at least for the present, two competing approaches to consolidating these functions. One would have created a new, cabinet-level Department of Juvenile Justice. The other would have placed the two divisions' functions in the Department of Crime Control and Public Safety or another existing department. Instead, S.L. 1998-202 creates in the Office of the Governor an Office of Juvenile Justice (OJJ) and transfers to that office the powers, duties, and responsibilities (as well as related property, personnel, records, and funds) of the two divisions. The OJJ is created by a new Article 3C in G.S. Chapter 147, which the act amends effective July 1, 1999, to make its terminology and substantive provisions consistent with the new Juvenile Code that takes effect on that date.

Powers and Duties. The OJJ, and the Governor as its head, have most of the powers and duties of the two consolidated divisions as well as additional ones. These include the power or duty to

• adopt rules applicable to local human services agencies that provide juvenile court and delinquency prevention services, for purposes of program evaluation, fiscal audits, and collection of third-party payments;
• establish procedures for substance abuse testing for juveniles adjudicated delinquent for substance abuse offenses;
• plan, develop, and coordinate statewide multidisciplinary services and programs for delinquency prevention, early intervention, and rehabilitation of juveniles;
• assist local governments and private service agencies in developing juvenile court and delinquency prevention services;
• develop a match-based formula for funding juvenile court and delinquency prevention services, based on counties' relative abilities to fund community-based programs;
• assist the Criminal Justice Information Network Governing Board with administering a comprehensive juvenile justice information system;
• develop a statewide plan for training and professional development for juvenile justice personnel;
• where statistics indicate a disproportionate presence of minority youth in juvenile facilities, develop and recommend strategies to ensure fair and equal treatment in the juvenile justice system;
• develop a comprehensive delinquency and substance abuse prevention plan, coordinate with county Juvenile Crime Prevention Councils (described below) for implementation of a continuum of community-level services and programs, and report the plan to the State Advisory Council on Juvenile Justice and Delinquency Prevention (described below);
• by April 1 each year, beginning in 2000, report to the General Assembly on the effectiveness and cost benefit of every program operated and contracted by the OJJ.

Funding Mechanism. The OJJ also is required to develop a funding mechanism for local programs that meet state standards, to fund programs that it determines are effective in preventing delinquency and recidivism, and not to fund programs that have proven to be ineffective. It must develop a funding formula that ensures that even the smallest counties will be able to provide basic prevention and alternative services. The OJJ is directed to allow and encourage local flexibility to determine how best to allocate prevention and alternatives funds and to allow and encourage counties to combine resources and services. It also must ensure that local Juvenile Crime Prevention Councils (described below) evaluate all state-funded programs and services on an ongoing basis.

Report. By May 1, 1999, the Governor must report to the Joint Legislative Commission on Governmental Operations and to the House and Senate Appropriations Committees on the organizational structure, staffing, budget, and programs of the OJJ.

Courthouse Space for Court Counselors. An amendment to G.S. 7A-302 requires counties to provide office space for juvenile court counselors and support staff as assigned by the OJJ.

S.L. 1998-202 describes the transfer of responsibilities to the OJJ as temporary. It requires the Governor, by April 1, 2000, to develop and report to the General Assembly a proposed reorganization plan for transferring the authority, powers, duties, and functions of the OJJ to a new or existing principal state department. The reorganization plan becomes effective only if it is approved by the General Assembly. As part of developing the plan, the Governor must (1) review all agency divisions, councils, and programs that provide services to and treatment of juveniles to determine whether they would operate more effectively and efficiently if consolidated and (2) study the methods by which federal and state funds are distributed locally to determine whether those functions should be consolidated, whether priority should be given to funding certain programs, and whether matching funds should be required from local governments. The plan, which may include legislative proposals, must address

• organizational structure, including total personnel and reporting relationships;
• a proposed budget for fiscal year 2000-2001;
• any proposed consolidation of any additional division, council, or program; and
• all reorganization options that were considered but not adopted, and why they were not adopted.

Creation and Membership. This new nineteen-member council in the OJJ is charged with advising the OJJ in the development of a comprehensive interagency plan to reduce juvenile delinquency and substance abuse and to coordinate efforts among state agencies serving juveniles. The members include the following:

• five persons appointed by the Governor;
• four persons appointed by the Chief Justice of the Supreme Court; and
• the following, or their designees, ex officio: the Governor, the Chief Justice of the Supreme Court, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Director of the Administrative Office of the Courts, the Superintendent of Public Instruction, the Secretary of the Department of Administration, the Secretary of the Department of Health and Human Services, the Secretary of the Department of Correction, and the Secretary of the Department of Crime Control and Public Safety.

Members, other than the ex officio members, serve staggered, renewable two-year terms. The Governor and Chief Justice will co-chair the council, which must meet at least four times a year.

Duties. The council's duties include (1) advising the OJJ and all state agencies serving juveniles; (2) reviewing and commenting on federal juvenile justice grant applications; (3) reviewing the juvenile justice system's operation and prioritization of funding needs; (4) reviewing the progress and accomplishments of state and local juvenile justice projects; (5) developing recommendations about priorities and needed improvements and reporting them to the General Assembly on or before March 1 each year, beginning in 2000; and (6) reviewing and commenting on the proposed budget for the OJJ.

Creation and Membership. S.L. 1998-202 requires the board of commissioners of each county, as a prerequisite for receiving funding for juvenile court services and delinquency prevention programs, to appoint a Juvenile Crime Prevention Council to act as a local juvenile justice planning body. Two or more counties may establish a multicounty council, with a membership that is representative of each participating county. A council may consist of no more than twenty-five members, must reflect the racial and socioeconomic diversity of the community, and should include, if possible, the following:

• the local school superintendent(s) (or designee),
• a chief of police,
• the local sheriff (or designee),
• the district attorney (or designee),
• the chief court counselor (or designee),
• the director of the area mental health, developmental disabilities, and substance abuse authority (or designee),
• the director of the county department of social services or consolidated human services agency (or designee),
• the county manager (or designee),
• a substance abuse professional,
• a member of the faith community,
• a county commissioner,
• a person under the age of twenty-one,
• a juvenile defense attorney,
• the chief district court judge (or a district court judge designated by that person),
• a member of the business community,
• the local health director (or designee),
• a representative from the United Way or other nonprofit agency,
• a representative of a local parks and recreation program, and
• up to seven members of the public.

Members serve staggered, renewable two-year terms. A council must meet at least once per month and elect a chair and vice-chair annually.

Duties. Each council must (1) annually review the needs of juveniles in the county who are at risk of delinquency, or who have been adjudicated undisciplined or delinquent, and the resources available to address the needs; (2) develop and advertise a request-for-proposal process and submit a written plan of action for the expenditure of juvenile justice funds to the board of county commissioners for its approval and submission to the OJJ; and (3) ensure that appropriate intermediate dispositional options are available and prioritize funding for intermediate and community-level dispositions. Councils may consider joint program development between counties within the same judicial district.

Councils are required, on an ongoing basis, to

• assess the needs of juveniles in the community, evaluate available resources, and develop or propose ways to address unmet needs;
• evaluate the performance of juvenile services and programs in the community;
• increase public awareness of the causes of delinquency and strategies to reduce the problem;
• develop strategies to respond to and treat the needs of juveniles at risk of delinquency;
• provide funds for services for treatment, counseling, or rehabilitation for juveniles and their families, including court-ordered parenting responsibility classes; and
• plan for the establishment of a permanent funding stream for delinquency prevention services.

The authority of juvenile court counselors (formerly, G.S. 110-23) is continued with several changes in new G.S. 147-33.46, effective January 1, 1999. Instead of the outdated language that gave court counselors "the powers of peace officers," the new section specifically authorizes court counselors (1) to serve necessary court documents pertaining to delinquent and undisciplined juvenile matters, (2) to assume custody of juveniles under the court's jurisdiction when necessary to protect the public or the juvenile and to carry out their statutory responsibilities, and (3) to use reasonable force and restraint when necessary to secure custody of a juvenile. It also specifies that court counselors must assist in the development of aftercare and the supervision of juveniles, presumably referring to juveniles who are conditionally released from training school.

Structure. Effective July 1, 1999, a new Juvenile Code, G.S. Chapter 7B, becomes effective and the existing code, Subchapter XI of G.S. Chapter 7A, is repealed. The new code reorganizes but retains the substance of current law relating to abused, neglected, and dependent juveniles, except as that law is amended by the Adoption and Safe Families Act, S.L. 1998-229 (H 1720), which is described above. In relation to delinquent and undisciplined juveniles, on the other hand, the new code reflects major substantive changes.

The act also relocates into new Chapter 7B (from Chapters 7A, 110, and 134A) various other juvenile laws, including those relating to termination of parental rights, the Guardian Ad Litem program, prevention of child abuse and neglect, the North Carolina Child Fatality Prevention System, parental control of children, juvenile services, youth services, and interstate placements of juveniles. It does not retain the current law's provisions for a Juvenile Law Study Commission.

New G.S. Chapter 7B is divided into five subchapters, as follows:

1. Abuse, Neglect, Dependency
2. Undisciplined and Delinquent Juveniles
3. Juvenile Records
4. Parental Authority; Emancipation
5. Placement of Juveniles

Purposes. In relation to delinquent and undisciplined juveniles, the new Juvenile Code places a stronger emphasis on protection of the public, on deterring juvenile delinquency, on the timeliness of juvenile justice procedures, and on juveniles' and parents' accountability. At the same time, it continues to emphasize, in the dispositional phase of juvenile proceedings, the evaluation of juveniles' needs and the provision of appropriate treatment and rehabilitative services. It provides substantially more structure for the court in determining dispositions, including whether a delinquent juvenile will receive services in the community or in a training school.

Subchapter II of G.S. Chapter 7B (the part of the new code that deals with undisciplined and delinquent juveniles) includes the following newly defined terms.

• "House arrest" means a requirement that the juvenile remain at the juvenile's residence unless the court or the juvenile court counselor authorizes the juvenile to leave for specific purposes.
• "Post-release supervision," which replaces the term "aftercare," means the supervision of a juvenile who has been returned to the community after having been committed to the OJJ for placement in a training school.
• "Teen court program" means a community resource for the diversion of certain cases for a hearing by a jury of the juvenile's peers, who may require the juvenile to participate in counseling, make restitution, abide by a curfew, or participate in community service or other rehabilitative services.
• "Training school" means a secure residential facility authorized to provide long-term treatment, education, and rehabilitative services for delinquent juveniles committed by the court to the OJJ.

The new code does not use the term "in loco parentis." Instead, the substance of the former definition appears in places where the term previously appeared. Changes in the definition of "undisciplined juvenile" are described in the following section.

S.L. 1998-202 rewrites the definition of "undisciplined juvenile" and thereby extends the applicability of juvenile procedures and the court's jurisdiction to include sixteen- and seventeen-year-olds (except for the part of the definition that refers to unlawful absence from school). The maximum age of jurisdiction continues to be eighteen. Jurisdiction may terminate earlier by order of the court, and it terminates automatically if the juvenile is emancipated.

For all juveniles, the new definition includes runaways only if they run away from home for a period of more than twenty-four hours. The previous definition did not specify any period of time.

The definition of "delinquent juvenile" continues to refer to juveniles who commit crimes or infractions while at least six years of age and not yet sixteen. As under former law, a juvenile who commits a criminal offense on or after the juvenile's sixteenth birthday is subject to prosecution as an adult. In addition, S.L. 1998-202 provides that if a juvenile has been transferred to and convicted in superior court, the juvenile is subject to prosecution as an adult for any offense the juvenile commits after the superior court conviction. This expands somewhat superior court jurisdiction over juveniles. Previously, a juvenile who was transferred to and convicted in superior court was subject to further prosecution as an adult only for offenses the juvenile committed (1) after the juvenile had been sentenced for a felony offense and (2) while the juvenile was under the active supervision of the superior court.

Ordinarily, the juvenile court's jurisdiction over a delinquent juvenile continues until it is terminated by court order or the juvenile reaches age eighteen, whichever occurs first. (The juvenile's emancipation does not affect the court's jurisdiction in relation to acts the juvenile committed before being emancipated.) In two circumstances, however, the new code provides for extended jurisdiction.

1. When a juvenile is committed to the OJJ for placement in a training school for an offense that would be first-degree murder, first-degree rape, or first-degree sexual offense if committed by an adult, jurisdiction continues until terminated by court order or until the juvenile reaches the age of twenty-one years, whichever occurs first.
2. When a juvenile is committed to the OJJ for placement in a training school for an offense that would be a Class B1, B2, C, D, or E felony if committed by an adult (other than the offenses set forth in the preceding provision), jurisdiction continues until terminated by court order or until the juvenile reaches the age of nineteen years, whichever occurs first.

Although not a change from former law, the new code provides explicitly that the court has jurisdiction over delinquent juveniles who are in the custody of the OJJ.

As under former law, the court has jurisdiction over a juvenile's parent, guardian, or custodian if that person has been served with a summons in the case of an undisciplined or delinquent juvenile. Under new G.S. 7B-1805, the summons must give the parent, guardian, or custodian notice of the kinds of orders the court may enter at disposition. It also must notify the parent, guardian, or custodian that proceedings for contempt may result from that person's failure, without reasonable cause, to

• attend scheduled hearings,
• bring the juvenile before the court at any hearing the juvenile is required to attend, or
• comply with any order of the court.

Many provisions relating to screening and intake remain the same as under former law. A new time limit requires the intake counselor, if he or she approves a petition for filing, to file the petition within fifteen days (with a possible fifteen-day extension) from the date the complaint is received (the same time period within which the intake counselor must decide whether to approve the petition for filing). Except as described below in relation to diversion plans, the intake counselor must destroy any complaint that is not approved for filing as a petition, after holding it for a temporary period to allow for review by the prosecutor if the complainant requests a review.

The new code changes dramatically the concept and use of diversion, potentially expanding greatly the involvement of juvenile court counselors with juveniles whose cases do not go to court. Specified offenses continue to be "non-divertible" (that is, the intake counselor must approve a petition for filing if he or she finds reasonable grounds to believe that the juvenile committed one of those offenses). In any other case in which the intake counselor finds that the complaint is legally sufficient, the intake counselor may divert the juvenile pursuant to a diversion plan, which may include referral to

• an appropriate public or private resource,
• restitution,
• community service,
• victim-offender mediation,
• regimented physical training, or
• counseling.

If the district has a teen court program, the intake counselor may refer the juvenile to it but only if the juvenile has not been referred previously to a teen court program and only if the offense involved would be an infraction or misdemeanor if committed by an adult. Referral to teen court is not allowed, however, if the offense involved is driving while impaired or any other motor vehicle violation, a Class A1 misdemeanor, an assault in which a weapon is used, or a controlled substance offense other than simple possession of a Schedule VI drug or alcohol.

As part of a diversion plan the intake counselor, the juvenile, and the juvenile's parent, guardian, or custodian may enter into a diversion contract that sets out

• conditions by which the juvenile agrees to abide and any actions the juvenile agrees to take;
• conditions by which the parent, guardian, or custodian agrees to abide and any actions that person agrees to take;
• the court counselor's role in relation to the juvenile and the parent, guardian, or custodian;
• the length of the contract, which may not exceed six months; and
• the parties' understanding that the juvenile's violation of the contract may result in the filing of a petition and that the juvenile's successful completion of the contract will preclude the filing of a petition.

The intake counselor must provide the parties with copies of the contract and notify any agency or resource from which any of them have agreed to seek services or treatment.

Within sixty days after diverting a case, the intake counselor must determine whether the juvenile and the parent, guardian, or custodian have complied with the terms of the diversion plan or contract. As part of doing that, the intake counselor must contact any referral resource to determine whether the parties have complied with any recommendations for treatment or services. If the intake counselor determines that the juvenile and the parent, guardian, or custodian have not complied with a diversion plan or contract, he or she may either authorize the filing of the complaint as a petition within ten days after the determination, or continue to monitor the case for up to six months from the date of the plan or contract. During those six months, the intake counselor may reconsider the decision to divert and authorize the filing of a petition any time he or she determines that the parties have failed to comply with the plan or contract.

If no petition is filed within six months from the date of a diversion plan or contract, the intake counselor must close the file. The intake counselor must retain the diversion plan or contract, however, until the juvenile reaches age eighteen or is no longer under the jurisdiction of the court, whichever is longer. Intake counselors may use these records to determine whether a juvenile has had a complaint diverted previously; however, they are not public records, are not part of the clerk's juvenile record, and must be withheld from public inspection.

New G.S. 7B-1804 authorizes a magistrate to "draw and verify the petition and accept it for filing" when

1. the office of the clerk of court is closed, and
2. an intake counselor requests a petition alleging that a juvenile is delinquent or undisciplined, and
3. a petition is required in order to obtain a secure or nonsecure custody order.

In these circumstances, authorization by the chief district court judge is no longer required. The magistrate's acceptance of the petition constitutes filing and commences the action. The petition must be delivered to the clerk's office for processing as soon as that office is open for business.

The wording of the comparable provision relating to abuse, neglect, and dependency petitions, in G.S. 7B-404, was not changed. In those cases, the chief district court judge may authorize a magistrate to "draw, verify, and issue petitions" at the request of the director of the department of social services when the clerk's office is closed.

When a delinquency petition alleges that a juvenile has committed a felony, the juvenile must be summoned for a first appearance within ten days after the filing of the petition-a procedure that did not exist under former law. If the juvenile is in secure or nonsecure custody, the first appearance takes place at the first hearing on the need for continued custody, the requirements for which have not changed. If the juvenile is not in custody, the court may continue the first appearance to a time certain, for good cause. At the first appearance, the court must

1. inform the juvenile of the allegations in the petition;
2. appoint counsel for the juvenile if the juvenile is not represented by counsel;
3. if applicable, inform the juvenile of the date of the probable cause hearing (which must be within fifteen days of the first appearance); and
4. inform the parent, guardian, or custodian that he or she is required to attend all hearings scheduled in the matter and may be held in contempt for failing to do so.

Most of the law regarding temporary, nonsecure, and secure custody is unchanged; however, some changes are significant.

Grounds for Secure Custody. Under the new code, one of the grounds for secure custody-that the juvenile is charged with a misdemeanor involving assault on a person-now also requires evidence that the juvenile is a danger to persons. Another provision clarifies that violation of conditions of probation or of post-release supervision is a ground for secure custody only if the juvenile is alleged to have committed acts that damage property or injure persons.

Hearings on Need for Continued Secure Custody. The law continues to require that when a juvenile is in secure custody, either a hearing on the merits or a hearing on the need for continued custody be held within five calendar days. This hearing may not be continued or waived. Further hearings on the need for continued secure custody, unless waived, must be held at intervals of no more than ten calendar days. Thus, after the initial five-day hearing, the new code extends from seven days to ten days the length of time a juvenile may be in secure custody without the opportunity for a hearing.

Hearings on Need for Continued Nonsecure Custody. For juveniles who are alleged to be undisciplined or delinquent and are in nonsecure custody, the law continues to require that an initial hearing be held within seven calendar days and that subsequent hearings, unless waived, be held within seven business days of the initial hearing and, thereafter, at intervals of no more than thirty calendar days. While former law allowed the initial hearing to be continued for up to ten business days, the new code provides that the initial hearing may not be continued or waived. (In cases of juveniles who are alleged to be abused, neglected, or dependent and are in nonsecure custody, the new code still allows a continuance of the initial hearing for up to ten calendar days.)

Audio and Video Transmission. Any hearing on the need for continued custody may be conducted by audio and video transmission that allows the court and the juvenile to see and hear each other. If the juvenile has counsel, the juvenile and counsel must be able to communicate with each other fully and confidentially during the hearing. As a prerequisite to conducting hearings in this manner, the chief district court judge must submit the procedures and type of equipment to be used to the Administrative Office of the Courts and obtain that office's approval.

Conditions of Release. When a juvenile is released from secure custody, the court may impose "appropriate" restrictions on the juvenile's liberty. Former law required the court to impose the "least restrictive" interference.

Jail Space as Detention Facility. New G.S. 147-33.42 authorizes the Office of Juvenile Justice to plan with any county to use existing space within its county jail system for a juvenile detention facility when needed. The space must meet state standards and the requirements of G.S. 153A-221. Juveniles detained in jails may not converse with, see, or be seen by the adult population, and must be supervised closely.

Secure Custody in Holdover Facility. In the new code, G.S. 7B-1905(c) provides that if a petition alleges that a juvenile committed a Class A, B1, B2, C, D, or E felony and grounds exist for secure custody, the juvenile may be placed in a holdover facility for up to seventy-two hours but only if the court, based on information provided by the court counselor, determines that no acceptable alternative placement is available and the protection of the public requires that the juvenile be housed in a holdover facility. Like present law, the new code defines a holdover facility as a "place in a jail which has been approved by the Department of Health and Human Services as meeting the State standards for detention as required in G.S. 153A-221 providing close supervision where the juvenile cannot converse with, see, or be seen by the adult population." When a chief district court judge, by administrative order, delegates to the chief court counselor or that person's staff authority to issue secure custody orders, the judge may not delegate authority to order that a juvenile be housed in a holdover facility.

Holdover Facility Pending Training School Placement. If the court commits a juvenile to the Office of Juvenile Justice for training school placement after the juvenile is adjudicated delinquent for a Class A, B1, B2, C, D, or E felony, the court may house the juvenile in a holdover facility up to seventy-two hours but only if the court determines, from information provided by the court counselor, that no acceptable alternative placement is available and that protection of the public requires that the juvenile be housed in a holdover facility.

Action after Taking Juvenile into Custody. The new code retains the former law's list of possible courses of action available to a law enforcement officer who takes a juvenile into temporary custody without a court order. It directs officers to take the action "most appropriate" to the situation, the needs of the juvenile, and the protection of the public safety, adding the reference to public safety and deleting reference to the "least restrictive" approach appropriate under the circumstances.

Fingerprints and Photographs without Nontestimonial Identification Order. New G.S. 7B-2102 requires a law enforcement officer or agency to fingerprint and photograph a juvenile when all of the following circumstances exist.

• The juvenile was ten years of age or older when he or she allegedly committed a nondivertible offense (murder, first- or second-degree rape, first- or second-degree sexual offense, arson, a felony offense under Article 5 of G.S. Chapter 90, first-degree burglary, crime against nature, or a felony involving the willful infliction of serious bodily injury or committed by use of a deadly weapon).
• A complaint has been prepared for filing as a petition.
• The juvenile is in the physical custody of law enforcement or of the Office of Juvenile Justice.

Unless fingerprints and a photograph were taken under that provision and have not been destroyed, a law enforcement officer or agency also must photograph and fingerprint a juvenile who has been adjudicated delinquent, if the juvenile was ten years of age or older when he or she committed an offense that would be a felony if committed by an adult. This provision existed in former law, but applied only in cases involving Class A through E felonies.

If a juvenile's fingerprints and photograph are taken before adjudication (under the first provision) they must be destroyed at the earliest of the following events.

• Neither the intake counselor nor the prosecutor files a petition against the juvenile within one year after the fingerprints and photograph were taken.
• The court does not find probable cause.
• The juvenile is not adjudicated delinquent of any offense that would be a felony or misdemeanor if committed by an adult.

The chief court counselor is responsible for notifying the local custodian of records when one of these events occurs.

Fingerprints and photographs taken under either provision must be in proper format for transfer to the State Bureau of Investigation (SBI) and the Federal Bureau of Investigation. If the juvenile is adjudicated delinquent for a felony, the fingerprints must be transferred to the SBI and placed in the Automated Fingerprint Identification System. The fingerprints and photographs then may be used for all investigative and comparison purposes. They are not public records, may not be included in the clerk's record, and must be maintained separately from any juvenile record and withheld from public inspection. They are not eligible for expunction.

Nontestimonial Identification Order for Blood Specimen. With the following exception, provisions for conducting nontestimonial identification procedures on juveniles are substantially unchanged. Under new G.S. 7B-2105, the sworn affidavit supporting a request to obtain a blood specimen from a juvenile must establish that there is "probable cause to believe" (not, as with requests to conduct other procedures, just reasonable grounds to suspect) that the juvenile named or described in the affidavit committed the offense.

Under new G.S. 7B-1807, unless the party is notified in open court or the court orders otherwise, the clerk must give five days written notice of the date and time of all scheduled hearings to all parties, including both of the juvenile's parents, the juvenile's guardian or custodian, and any person who has assumed the status and obligation of a parent without being awarded legal custody of the juvenile.

Like former law, the new code (1) requires that a hearing involving a delinquent or undisciplined juvenile be open to the public if the juvenile requests that it be open, and (2) does not give the juvenile a right to a closed hearing. The new code, in fact, makes open hearings the standard. The judge may exclude the public from a hearing or part of a hearing only for good cause and only if the juvenile has not requested an open hearing. In deciding whether to close a hearing or part of a hearing, the court must consider the circumstances of the case, including the following:

• the nature of the allegations,
• the juvenile's age and maturity,
• the benefit to the juvenile of confidentiality,
• the benefit to the public of an open hearing,
• the extent to which the confidentiality of the juvenile's file will be compromised by an open hearing.

Even if the court, on motion of a party or its own motion, closes a hearing or part of a hearing, it may allow any victim, member of a victim's family, law enforcement officer, witness, or other person directly involved in the hearing to be present.

The new code retains many of the former law's provisions relating to probable cause hearings and the transfer of cases to superior court. It continues to require the court (1) to conduct a probable cause hearing in any case in which a juvenile is alleged to be delinquent for committing a felony offense while age thirteen, fourteen, or fifteen; (2) upon finding probable cause to believe that the juvenile committed first-degree murder, to transfer the case to superior court for trial as in the case of an adult; and (3) upon finding probable cause in other cases, to determine on a case-by-case basis whether the juvenile should remain in juvenile court or be transferred to superior court for trial as an adult.

The new code also contains several substantial changes. It requires that the probable cause hearing be held within fifteen days after the juvenile's first appearance unless the court continues it for good cause. It clarifies that the court may transfer a case to superior court on the court's own motion as well as on the motion of the prosecutor or of the juvenile's counsel. It specifies that the probable cause hearing and the hearing on transfer to superior court are separate. They may occur on the same day, however, unless the juvenile has not received at least five days notice of the intent to seek transfer and requests a continuance.

Former law required the court to determine whether the needs of the juvenile or the best interest of the State would be served by transferring the case to superior court. The new code requires the court to determine whether the protection of the public and the needs of the juvenile would be served by transfer. Unlike former law, which provided no further guidance regarding decisions to transfer, the new code requires the court to consider the following factors:

• the juvenile's age;
• the juvenile's maturity;
• the juvenile's intellectual functioning;
• the juvenile's prior record;
• prior attempts to rehabilitate the juvenile;
• facilities or programs available to the court during the time it would have jurisdiction over the juvenile and the likelihood that the juvenile would benefit from treatment or rehabilitative efforts;
• whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner; and
• the seriousness of the offense and whether the protection of the public requires that the juvenile be prosecuted as an adult.

It does not require the court to make findings of fact regarding these factors but retains the requirement that any order of transfer specify the reasons for transfer.

A substantial change from former law allows the juvenile to appeal the juvenile court's transfer order to superior court for a hearing on the record. Notice of appeal must be given in open court or in writing within ten days after the transfer hearing. If the juvenile does not appeal, he or she may not raise the issue of transfer before the court of appeals after final disposition of the case in superior court. If notice of appeal is given and not withdrawn within the ten-day period, the superior court, within a reasonable time, must review the record of the transfer hearing for abuse of discretion in transferring the case to superior court. The superior court may not review the juvenile court's probable cause findings.

After reviewing the record, the superior court must either remand the case to juvenile court for adjudication or uphold the transfer order. The order of the superior court is interlocutory, and the issue of transfer may be appealed to the court of appeals only after the juvenile has been convicted in superior court. If the superior court remands the case, the juvenile court determines whether the juvenile should be in secure or nonsecure custody pending adjudication.

These provisions nullify the effect of a state supreme court decision interpreting the former statute. In State v. T.D.R., 347 N.C. 489, 495 S.E.2d 700 (1998), the court held (1) that an order transferring a juvenile's case to superior court was a final order that the juvenile could appeal immediately to the court of appeals and (2) that the superior court did not have authority to conduct appellate review of the juvenile court's transfer order.

The new code requires that the adjudicatory hearing for a juvenile alleged to be undisciplined or delinquent be held "within a reasonable time."

As described above, however, the Adoption and Safe Families Act, S.L. 1998-229 (H 1720), amends G.S. 7A-629, effective January 1, 1999, to require that an adjudicatory hearing be held no later than sixty days from the filing of the petition, unless the court orders that it be held at a later time. That section applies to all juvenile cases; thus, from January 1, 1999, until the new code becomes effective on July 1, 1999, this requirement applies to adjudicatory hearings for juveniles alleged to be undisciplined or delinquent.

The new code continues former provisions relating to the preparation and disclosure of predisposition reports. It adds a requirement that a risk and needs assessment be conducted and attached to the report. The assessment must contain information about the juvenile's social, medical, psychiatric, psychological, and educational history and factors indicating the probability that the juvenile will commit further delinquent acts.

S.L. 1998-202 directs the OJJ to develop a risk and needs assessment instrument and to consider including the following information:

• the juvenile's living situation;
• drug or alcohol use by the juvenile or a member of the juvenile's household or immediate family;
• the juvenile's school attendance; and
• the juvenile's family, including any criminal history.

The OJJ must present the recommended instrument to the Joint Legislative Commission on Governmental Operations by May 1, 1999.

Another new provision allows the court to proceed with a dispositional hearing without a predisposition report if no report is available and the court makes a written finding that one is not needed.

After a juvenile is adjudicated undisciplined or delinquent, the court continues to have the authority to order that the juvenile be examined by a physician, psychiatrist, psychologist, or other expert or, when there is evidence that the juvenile is mentally ill or developmentally disabled, to refer the juvenile to the area mental health, developmental disabilities, and substance abuse services agency. This authority and related provisions about hearing requirements and payment are carried over from former G.S. 7A-647(3) into new G.S. 7B-2502.

In addition, after a juvenile is adjudicated delinquent, the court may require the juvenile to be tested for the use of controlled substances or alcohol. If the juvenile was adjudicated delinquent for an offense involving the possession, use, sale, or delivery of alcohol or a controlled substance, the court must order such testing within thirty days of the adjudication. Results of these initial tests may be used only for evaluation and treatment purposes.

The dispositional alternatives available to the court in the case of an undisciplined juvenile remain the same, with important exceptions relating to protective supervision and to enforcement.

Protective Supervision. The court may place an undisciplined juvenile on protective supervision for a maximum of three months, with an extension of up to three months in the court's discretion. (The former maximum was one year.) The court may impose specific conditions of protective supervision. They must be related to the juvenile's needs and may include conditions that the juvenile

• remain on good behavior and not violate any laws;
• attend school regularly;
• maintain passing grades in up to four courses during each grading period and meet with the court counselor and a school representative to make a plan for maintaining passing grades;
• not associate with specified persons or be in specified places;
• abide by a prescribed curfew;
• report to a court counselor as often as required by a court counselor;
• be employed regularly if not attending school; and
• satisfy any other conditions that the court determines are appropriate.

Contempt. On motion of the court counselor or the court's own motion, the court may order an undisciplined juvenile to appear and show cause why he or she should not be held in contempt for willfully failing to comply with an order of the court. The court must appoint counsel for a juvenile who is alleged to be in contempt unless counsel is retained for the juvenile. For a first finding of contempt, the court may order the juvenile confined in an approved detention facility for up to twenty-four hours; for a second finding, up to three days; and for a third or subsequent finding, up to five days. The court in its discretion determines the timing of any confinement. The new section, G.S. 7B-2505, prohibits confining a juvenile for contempt for more than fourteen days in one twelve-month period.

Dispositional Alternatives. The new code retains many dispositional alternatives that were available in delinquency cases under the former law and adds additional alternatives. As explained below, however, not all dispositions are available in every case. The code directs the court, in choosing among those that are available, to select the most appropriate disposition-not, as required previously, the least restrictive disposition that is appropriate. Within the statutory guidelines, the court must select a disposition designed to protect the public and to meet the needs and best interests of the juvenile, based on the following:

• the seriousness of the offense;
• the need to hold the juvenile accountable;
• the importance of protecting the public safety;
• the degree of culpability indicated by the circumstances of the case;
• the rehabilitative and treatment needs of the juvenile, as indicated by a risk and needs assessment; and
• except where commitment to training school is required, appropriate community resources available to meet the juvenile's needs.

In addition to the evaluation and treatment options described above, the code lists twenty-four dispositional alternatives. These are divided into three "levels": community, intermediate, and commitment. (One disposition is assigned to two levels.) The level or levels from which the court may or must select in ordering a disposition in a given case depend on the seriousness of the offense and the juvenile's delinquency history level.

Offense Classifications. The offense for which a juvenile is adjudicated delinquent is classified as violent, serious, or minor as follows:

• violent: Class A through E felony;
• serious: Class F through I felony or Class A1 misdemeanor;
• minor: Class 1, 2, or 3 misdemeanor.

Delinquency History Level. For purposes of disposition, a juvenile has a low, medium, or high delinquency history level, based on the court's findings regarding the juvenile's prior adjudications and on the juvenile's probation status. These are assigned points as follows:

• each prior adjudication of a Class A through E felony: 4 points;
• each prior adjudication of a Class F through I felony or a Class A1 misdemeanor: 2 points;
• each prior adjudication of a Class 1, 2, or 3 misdemeanor: 1 point;
• on probation at the time of the offense: 2 points.

If the juvenile was adjudicated for more than one offense in a single session of district court, only the adjudication for the offense with the highest point total is used. If a prior adjudication occurred in another jurisdiction, it is treated as a Class I felony if the other jurisdiction classifies the offense as a felony and as a Class 3 misdemeanor if the other jurisdiction classifies it as a misdemeanor, unless the juvenile or the State proves by a preponderance of the evidence that it should be assigned a different classification.

The juvenile's delinquency history level is classified as follows:

• low: the juvenile has no points or only one point;
• medium: the juvenile has two or three points;
• high: the juvenile has four or more points.

The prosecutor must make all feasible efforts to obtain and present to the court the juvenile's full record and, at the juvenile's request, must furnish the results to the juvenile within a reasonable time to allow the juvenile to determine whether the record is accurate. The State has the burden of proving prior adjudications by a preponderance of the evidence. A prior adjudication may be proved by stipulation of the parties, an original or copy of the court record of the adjudication, a copy of records maintained by the Division of Criminal Information or by the Office of Juvenile Justice, or any other method the court finds to be reliable.

Disposition Table. Table 13-1 indicates which level or levels of disposition are available in a particular case:

Exception to Table: Commitment of Chronic Minor Offender. When a juvenile is adjudicated delinquent for a minor offense, the court may impose a Level 3 disposition if the juvenile has been adjudicated for four or more prior offenses. In determining prior offenses, each successive offense is one that was committed after adjudication of the preceding offense.

Multiple Offenses. When a juvenile is adjudicated delinquent for more than one offense during a session of juvenile court, the court must consolidate the offenses for disposition and impose a single disposition as specified for the class of offense and delinquency history level of the most serious offense.

Level 1, Community Dispositions. At Level 1, the court may order the types of evaluation and treatment described earlier and may also do any of the following:

• Require that the juvenile be supervised in the juvenile's own home, or place the juvenile in the custody of a parent, the county department of social services, or another appropriate person or agency. [This alternative is the same as former G.S. 7A-647(2).]
• Excuse the juvenile from the compulsory school attendance law. [This alternative is the same as former G.S. 7A-648(3).]
• Order the juvenile to cooperate with a community-based program, an intensive substance abuse treatment program, or a residential or nonresidential treatment program. Participation in the programs may not exceed twelve months. [This alternative is a modification of former G.S. 7A-649(6).]
• Require full or partial restitution, up to $500, payable within a twelve-month period. [Except for the amount limitation, this alternative is the same as former G.S. 7A-649(2).]
• Impose a fine. [This alternative is the same as former G.S. 7A-649(5).]
• Order the juvenile to perform up to 100 hours of supervised community service. [Except for specifying a maximum number of hours, this alternative is the same as former G.S. 7A-649(4).]
• Order the juvenile to participate in the victim-offender reconciliation program.
• Place the juvenile on probation under the supervision of a court counselor. (Probation is described more fully below.)
• Order that the juvenile not be licensed to operate a motor vehicle. [This alternative is the same as former G.S. 7A-649(9), with the added requirement that the clerk of court notify the Division of Motor Vehicles of the order.]
• Impose a curfew on the juvenile.
• Order that the juvenile not associate with specified persons or be in specified places. (This provision existed previously as a condition of probation, but not as a specific dispositional alternative.)
• Impose confinement on an intermittent basis in an approved detention facility, for not more than five twenty-four-hour periods. [This alternative is the same as former G.S. 7A-649(7), except that it does not require that the confinement be completed within a ninety-day period.]
• Order the juvenile to cooperate with placement in a wilderness program.

Level 2, Intermediate Dispositions. At Level 2, the court may order the types of evaluation and treatment described earlier, may order any community-based (Level 1) disposition, and must order at least one of the following intermediate dispositions:

• Order the juvenile to cooperate with placement in a wilderness program.
• Order the juvenile to cooperate with placement in a residential treatment facility, an intensive nonresidential treatment program, an intensive substance abuse program, or a group home other than a multipurpose group home operated by a state agency.
• Place the juvenile on intensive probation under the supervision of a court counselor.
• Order the juvenile to cooperate with a supervised day program. [This alternative is only slightly modified from former G.S. 7A-649(5).]
• Order the juvenile to participate in a regimented training program.
• Order the juvenile to submit to house arrest.
• Suspend imposition of a more severe disposition, under conditions to which the juvenile agrees. [This alternative is the same as former G.S. 7A-649(1), except that it provides that the conditions may not exceed the allowable dispositions for the level under which the disposition is being imposed, whereas the former provision said that the conditions could not exceed the maximum criminal sanction permissible for the offense.]
• Order that the juvenile be confined in an approved juvenile detention facility for up to fourteen twenty-four-hour periods. Confinement under this alternative may not be imposed consecutively with a Level 1 intermittent confinement at the same dispositional hearing.
• Order the residential placement of the juvenile in a multipurpose group home operated by a state agency.
• Require full or partial restitution of more than $500, payable within a twelve-month period. [Except for the reference to amount, this alternative is the same as former G.S. 7A-649(2).]
• Order the juvenile to perform supervised community service of not less than 100 hours and not more than 200 hours. [This alternative is the same as former G.S. 7A-649(4), except it specifies a range of hours and does not include a requirement that the obligation not exceed twelve months.]

In addition, at Level 2 the court may impose a Level 3 disposition, commitment, if the juvenile has received a Level 3 disposition in a prior juvenile action.

Level 3, Commitment to the Office of Juvenile Justice. At Level 3, the court ordinarily must commit the juvenile to the Office of Juvenile Justice for placement in a training school for a period of at least six months. The court may impose a Level 2, rather than Level 3, disposition, however, if the court makes written findings on the record substantiating the juvenile's extraordinary needs.

Probation. When the court places a delinquent juvenile on probation, the court may impose conditions of probation that are related to the needs of the juvenile and that are reasonably necessary to ensure that the juvenile will lead a law-abiding life. The code retains the former law's list of authorized conditions of probation and adds to that list conditions that the juvenile

• not violate any reasonable and lawful rules of a parent, guardian, or custodian;
• refrain from the use or possession of any controlled substance included in any schedule of the Controlled Substances Act, Article 5 of G.S. Chapter 90;
• refrain from the use or possession of any alcoholic beverage regulated under G.S. Chapter 18B;
• submit to random drug testing;
• abide by a prescribed curfew;
• submit to a warrantless search at reasonable times;
• not possess a firearm, explosive device, or other deadly weapon;
• satisfy any other conditions that the court determines to be appropriate.

In addition, the court may order the juvenile to comply, if directed to do so by the chief court counselor, with one or more of the following conditions:

• performing up to twenty hours of community service,
• submitting to substance abuse monitoring and treatment,
• participating in a life skills or an educational skills program administered by the Office of Juvenile Justice,
• cooperating with electronic monitoring,
• cooperating with intensive supervision.

The court may not give the chief court counselor discretion to impose the last two of these conditions, however, unless the juvenile is subject to Level 2 dispositions.

After notice and a hearing, if the court finds by the greater weight of the evidence that the juvenile has violated the conditions of probation, the court may continue the original conditions of probation, modify the conditions, or order a new disposition at the next higher level on the disposition chart. The court, however, may not order a Level 3 disposition for a probation violation by a juvenile who was adjudicated delinquent for a minor offense. The court may include in a new disposition an order of confinement in a secure juvenile detention facility for up to twice the term that otherwise would be authorized.

As under former law, a term of probation may not exceed one year, unless the court extends it for one additional year. Upon finding that the juvenile no longer needs supervision, the court may terminate probation by entering an order either (1) in chambers, without the juvenile present, based on a report from the court counselor, or (2) with the juvenile present, after notice and a hearing.

Training School Commitments. Every juvenile who is committed to the OJJ for placement in a training school must be tested for the use of controlled substances or alcohol. Results of these initial tests must be incorporated into the plan of care that the OJJ is required to prepare and may be used only for evaluation and treatment purposes.

Every commitment of a juvenile to the OJJ must be for a period of at least six months. Ordinarily, the length of the term beyond the six-month minimum is indefinite; however, a definite commitment of no more than two years continues to be an option if the juvenile is at least fourteen, has been adjudicated delinquent previously for two or more felony offenses, and has been committed to training school previously.

Consistent with the jurisdictional provisions described earlier, a juvenile's commitment may not exceed

• the juvenile's twenty-first birthday, if the juvenile is committed for first-degree murder, first-degree rape, or first-degree sexual offense;
• the juvenile's nineteenth birthday, if the juvenile is committed for a Class B1, B2, C, D, or E felony other than one of the offenses listed above; or
• the juvenile's eighteenth birthday, if the juvenile is committed for any other offense.

Except for the six-month minimum, a juvenile ordinarily may not be kept in training school for a period of time greater than the maximum term of imprisonment for which an adult in prior record Level VI for felonies or prior conviction Level III for misdemeanors could be sentenced for the same offense. The code provides a procedure, however, through which the OJJ may extend the commitment after determining that a longer period is necessary to carry out a plan of care or treatment. The same procedure applies any time the OJJ intends to keep the juvenile beyond his or her eighteenth birthday. At the time of the initial commitment, the court must notify the juvenile of the maximum period of time the juvenile may remain committed before the OJJ must make a determination about whether to extend the commitment.

If the OJJ wants to extend the juvenile's commitment in either circumstance, it must notify the juvenile and the juvenile's parent, guardian, or custodian in writing, at least thirty days before the end of the maximum commitment period or thirty days before the juvenile's eighteenth birthday, of

1. the proposed additional commitment period,
2. the basis for the proposed extended commitment, and
3. a plan for future care or treatment.

The plan must specify goals and outcomes that require additional time, the proposed course of treatment or care, and efforts that will be made to help the family create an environment that will increase the likelihood that efforts to treat and rehabilitate the juvenile will be successful upon the juvenile's release. The OJJ may place the juvenile in a setting other than a training school. Section 57 of S.L. 1998-217 (S 1279) amended the Juvenile Justice Reform Act to require the OJJ, in determining whether a juvenile should be released before his or her eighteenth birthday, to consider the protection of the public and the likelihood that continued placement will lead to further rehabilitation.

At the request of the juvenile or the parent, guardian, or custodian, the court must conduct a hearing to review the OJJ's decision to extend the commitment beyond the juvenile's eighteenth birthday or beyond the maximum commitment period. The court may affirm or modify the OJJ's decision. If none of those persons requests a review of the OJJ's decision, it becomes the juvenile's new maximum commitment period.

Post-Release Supervision. Requirements relating to planning for a juvenile's release from training school and for post-release supervision (formerly, "aftercare") of the juvenile are comparable to those in former law. The new code, however, requires that every post-release supervision plan provide for at least ninety days, but not more than one year, of post-release supervision. Therefore, it requires the OJJ to release a juvenile under a plan of post-release supervision at least ninety days before the end of the juvenile's maximum term. It also requires that the terms of post-release supervision be based on the juvenile's needs and the protection of the public, specifies that a juvenile on post-release supervision must be supervised by a court counselor, and provides that post-release supervision must be terminated by order of the court.

On motion of the juvenile, motion of the court counselor, or the court's own motion, and after notice, the court may conduct a hearing to review the progress of a juvenile on post-release supervision. If the court determines by the greater weight of the evidence that the juvenile has violated the terms of post-release supervision, the court may revoke the post-release supervision or make any other disposition authorized by the code. If the court revokes post-release supervision, the juvenile must be returned to the OJJ for placement in a training school for an indefinite term of at least ninety days, subject to the maximum commitment periods described earlier.

Article 45 of G.S. Chapter 15A lists thirteen things that employees of law enforcement agencies, the prosecutorial system, the judicial system, and the correctional system should make a reasonable effort to accomplish for victims and witnesses of crimes. The article defines "victim" as a person against whom there is probable cause to believe that a crime has been committed. It defines "crime" to include, among other things, any act committed by a juvenile that, if committed by a competent adult, would constitute a felony. Section 19.4 of S.L. 1998-212 (S 1366) rewrites that part of the definition to also include delinquent acts that would be serious misdemeanors.

S.L. 1998-212 also adds to G.S. Chapter 15A a new Article 45A, the Crime Victims' Rights Act, which creates substantive rights and obligations relating to crime victims and witnesses. The new article, which is discussed in Chapter 7 (Criminal Law and Procedure), does not apply to delinquent acts committed by juveniles.

S.L. 1998-202 retains the requirements for an annual computation and report of the recidivism rates of juveniles who are adjudicated delinquent for A through E felony offenses but transfers these responsibilities from the Administrative Office of the Courts to the Office of Juvenile Justice and changes from December 1 to February 15 the date by which the report must be made.

Section 16.2 of S.L. 1998-212 makes the same change in current law (G.S. 7A-675.3) regarding the date the report is due. Thus, the Administrative Office of the Courts must make its last report of recidivism statistics by February 15, 1999.

The new code requires the parent, guardian, or custodian of a juvenile under the juvenile court's jurisdiction to attend all hearings of which that person has notice, unless the court has excused the person's appearance at a particular hearing or all hearings. The willful failure to attend, unless excused, is a ground for contempt.

A new provision prohibits any employer from discharging, demoting, or denying a promotion or other benefit of employment to any employee because of that person's compliance with this or other obligations the code places on a juvenile's parent, guardian, or custodian. The code charges the Commissioner of Labor with enforcing the prohibition pursuant to Article 21 of G.S. Chapter 95. In that chapter, G.S. 95-241(a) is rewritten to prohibit any person from discriminating or taking retaliatory action against an employee because the employee in good faith complies or threatens to comply with those obligations under the Juvenile Code.

After adjudication that a juvenile is undisciplined or delinquent, the court may order the juvenile's parent, guardian, or custodian to

• cooperate with and assist the juvenile in complying with the terms and conditions of probation or other court orders;
• attend parental responsibility classes, if they are available in the judicial district in which that person resides;
• provide transportation, to the extent the person is able to do so, for the juvenile to keep appointments with a court counselor or to comply with other orders of the court.

If the court finds that a parent is able to do so, the court may order the parent to

• pay a reasonable sum for the support of the juvenile;
• pay a fee for probation supervision or residential facility costs;
• assign private insurance coverage to cover medical costs while the juvenile is in detention, training school, or other out-of-home placement;
• pay court-appointed attorney fees.

In addition, the code retains former provisions relating to the court's authority to order a parent to cooperate with, participate in, undergo, or pay for various types of evaluation and treatment in specified circumstances.

On motion of the court counselor or prosecutor or the court's own motion, the court may issue an order directing a parent, guardian, or custodian to appear and show cause why that person should not be found in civil or criminal contempt for willfully failing to comply with an order of the court.

Many provisions relating to the records of delinquent and undisciplined juveniles, including rules for the use of delinquency records in subsequent criminal proceedings, are unchanged. However, efforts to balance appropriate confidentiality and appropriate disclosure resulted in some significant changes. In several instances, a person's authority to obtain copies of records that the person has a right to inspect is clarified.

The Clerk's Record. The court may direct the clerk to "seal" any portion of a juvenile's record, so that it may be examined only by court order. Otherwise, the clerk's record may be examined, and copies of written parts of the record may be obtained, by

1. the juvenile;
2. the juvenile's parent, guardian, or custodian, or that person's authorized representative;
3. the prosecutor;
4. court counselors.

Electronic or mechanical recordings of hearings that are part of a record may be transcribed only when notice of appeal has been given, and they may be copied electronically or mechanically only by order of the court.

A prosecutor may share information from a juvenile's record with law enforcement officers sworn in this state but may not allow them to photocopy any part of the record. In making pretrial release and plea negotiating decisions, law enforcement, the magistrate, and the prosecutor may use a juvenile's record of an adjudication of delinquency for a felony offense.

Law Enforcement Records. The following persons may examine and obtain copies of law enforcement records and files concerning a juvenile without a court order:

1. the juvenile;
2. the juvenile's parent, guardian, or custodian, or that person's authorized representative;
3. the district attorney or prosecutor;
4. court counselors;
5. law enforcement officers sworn in this state.

OJJ Records. The following persons may examine and obtain copies of OJJ records and files concerning a juvenile without a court order:

1. the juvenile;
2. the juvenile's parent, guardian, or custodian, or that person's authorized representative;
3. professionals in the agency who are directly involved in the juvenile's case; and
4. court counselors.

Expunction. The new code raises from sixteen to eighteen the age at which a person may apply for expunction of a record that the person (1) was adjudicated undisciplined or delinquent or (2) was alleged, but not adjudicated, to be undisciplined. To obtain expunction of a delinquency record, a person also must show that at least eighteen months have elapsed since the person was released from juvenile court jurisdiction. No records maintained by the court counselor or by a residential facility operated by the Office of Juvenile Justice may be destroyed until the juvenile reaches age eighteen or until eighteen months have elapsed since the person was released from juvenile court jurisdiction, whichever is later.

As soon as practicable after each term of court, the clerk of court must file with the AOC the names of persons granted an expunction of juvenile records. The AOC must maintain a confidential file of those names, which may be disclosed only to North Carolina judges for the purpose of ascertaining whether a person charged with an offense has been granted an expunction.

After a person's juvenile record is expunged, that person and his or her parent may not be found guilty of perjury or of giving a false statement for failing to acknowledge the record.

Information Sharing among Agencies. New G.S. 7B-3100 directs the Office of Juvenile Justice, after consultation with the Conference of Chief District Court Judges, to adopt rules designating local agencies that are authorized to share information relevant to any case in which a petition has been filed alleging that a juvenile is undisciplined, delinquent, abused, neglected, or dependent. Former G.S. 7A-675(h), much of which is retained in the new section, applied only to abuse, neglect, and dependency cases, and directed the chief district court judge in each district to designate the agencies by administrative order. Information that agencies share pursuant to the section may be used only for the protection of the juvenile and others or to improve the educational opportunities of the juvenile.

Disclosure by or to Schools. Information that is shared by schools pursuant to G.S. 7B-3100, described above, must be released in accordance with the federal Family Educational Rights and Privacy Act. An amendment to G.S. 115C-404(b) prohibits a school's use of information gained pursuant to G.S. 7B-3100 as the sole basis for a decision to suspend or expel a student. The new code, in G.S. 7B-3101, continues the requirement that court counselors notify schools of certain occurrences in cases of juveniles alleged or found to be delinquent for felony offenses. Amendments to G.S. 115C-404(a) specify when a school must destroy information it obtains under either G.S. 7B-3100 or G.S. 7B-3101.

In addition to statutory duties described earlier, S.L. 1998-202 (or, where specified, S.L. 1998-212) imposes a number of specific responsibilities on state agencies and departments.

Training on New Juvenile Code. The following agencies must provide training on the provisions of the new Juvenile Code by July 1, 1999:

• The OJJ must provide training for juvenile court counselors and other OJJ personnel.
• The AOC must provide training for court personnel, including judges and district attorneys. The AOC may contract with qualified educational institutions to provide the training.
• The Department of Justice must provide training for law enforcement personnel throughout the state.

Minority Sensitivity Training. The OJJ must ensure that all juvenile court counselors and other OJJ personnel receive minority sensitivity training and must conduct the training annually. The training must be in effect by May 1, 1999. The OJJ may contract with qualified educational institutions to provide the training.

The Department of Justice must develop guidelines for minority sensitivity training for all law enforcement personnel throughout the state and, except where local law enforcement already has training that satisfies the guidelines, conduct the training annually. The guidelines and training must be in effect by May 1, 1999.

In addition, both the OJJ and the Department of Justice must ensure that all personnel who work with minority juveniles in the juvenile justice system are taught to communicate effectively with minority juveniles and to recognize and address their needs.

S.L. 1998-202 requires the Chief Justice of the state Supreme Court to consider ensuring that all judges who hear juvenile cases receive minority sensitivity training.

Assessment of Treatment of Minority Juveniles. The OJJ must study the overrepresentation of racial minorities in the juvenile justice system, compare the dispositions for minority juveniles adjudicated delinquent or undisciplined with the dispositions for nonminority juveniles, compare the services made available to minority and nonminority juveniles and their families, and make recommendations as to how any disparities should be addressed. The OJJ must report to the Governor, the Chief Justice, and the General Assembly annually, by May 1, and submit a final report no later than May 1, 2002.

The Department of Justice is required to assess annually whether minorities are receiving fair and equal treatment in the juvenile justice system.

Risk and Needs Assessment Instrument. The OJJ must develop a risk and needs assessment instrument for determining a delinquent juvenile's treatment needs and the risk that the juvenile will commit additional delinquent acts. The OJJ must consider including specified factors in the recommended instrument, which it must present to the Joint Legislative Commission on Governmental Operations by May 1, 1999.

Screening and Prevention Programs. The OJJ must ensure that programs providing screenings that can identify delinquency risk factors continue to be used in a consistent, coordinated, and cost-effective way. In addition, the OJJ must evaluate screening and prevention programs and identify any legal or policy bars to effective cooperation. The OJJ must report and make recommendations to the General Assembly by April 1, 2000.

Funding for Prevention Programs. In cooperation with the Department of Health and Human Services, the OJJ must study the funding process for juvenile delinquency and substance abuse prevention programs and report findings and recommendations to the Fiscal Research Division and to the chairs of the House and Senate Appropriations Committees and to the chairs of the House and Senate Appropriations Subcommittees on Human Resources by May 1, 1999. The study must consider whether funds should be allocated to a program for a specific juvenile and whether the allocated funding then should follow that juvenile. The OJJ also must consider whether a county should continue to fund services for a juvenile who is adjudicated delinquent and committed to training school after receiving delinquency prevention services.

Juvenile Contact Form. The Department of Justice is directed to create a "Juvenile Contact Report" to replace the juvenile arrest form used by the Division of Criminal Information.

Plan for Community-Based Dispositions. The OJJ must develop a cost-effective plan for statewide community-based dispositional alternatives for delinquent juveniles and report to the chairs of the Senate and House Appropriations Subcommittees on Justice and Public Safety and to the Fiscal Research Division by April 1, 2000. The plan must include a funding strategy to encourage communities to provide local resources, services, and treatment options. In developing the plan, the OJJ must consider specified community-based alternatives. It also must recommend which judicial districts with high crime rates should have nonresidential day reporting centers to provide intensive supervision for juveniles.

Pilot On-Track Program. The OJJ is required to establish a phased-in, ten-county pilot On Track program as an additional probation option for certain delinquent juveniles who are subject to Level 2 dispositions. Each juvenile in the program will receive supervision and intense intervention from a special On Track court counselor and will be assigned a trained mentor. Other components of the program include risk and needs assessments, responsibility contracts, restitution requirements, parental accountability, counseling, and graduation upon a juvenile's completion of the program.

The 1998 Appropriations Act, S.L. 1998-212 (S 1366), appropriates $8,626 in nonrecurring funds and $21,206 in recurring funds for two court counselors for this program, effective on or after April 1, 1999.

Pilot Guard Response Alternative Sentencing Programs. The OJJ must establish three pilot Guard Response Alternative Sentencing Programs, through contract services, in three district court districts. These programs will provide an additional probation option for certain first-time juvenile offenders who are subject to Level 2 dispositions.

The 1998 Appropriations Act, S.L. 1998-212, appropriates $33,000 in nonrecurring funds and $63,313 in recurring funds for contractual services for three sites for the program, for services to be contracted on or after April 1, 1999.

Treatment for Juvenile Sex Offenders. Section 8.1 of S.L. 1998-212 requires the Office of the Governor to study the need for one or more residential treatment programs for juveniles adjudicated delinquent for offenses containing an element of inappropriate sexual conduct. The study must consider whether the state needs a separate facility to administer the program or programs. The Office of the Governor must conduct the study in consultation with the Administrative Office of the Courts and the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services of the Department of Health and Human Services, and must report to the House and Senate Appropriations Committees on or before April 1, 1999.

Blended Sentencing and Direct Filing. In consultation with the North Carolina Sentencing and Policy Advisory Commission, the Office of Juvenile Justice must study blended sentencing and direct filing in certain juvenile cases and report to the General Assembly by March 15, 2000. The study must include consideration of whether, in the case of a juvenile whose case is transferred to superior court, the superior court should be authorized to impose simultaneously a juvenile disposition and an adult criminal disposition and to suspend the adult criminal disposition pending a violation or reoffense by the juvenile. The study also must examine whether prosecutors should be authorized to charge directly as adults fifteen-year-olds who have committed Class A through E felonies.

Detention Facilities. The OJJ must study the use of detention facilities and make recommendations as to how they can be used more efficiently. The OJJ must report by May 1, 1999, and again by January 15, 2001, to the Fiscal Research Division and the chairs of the House and Senate Appropriations Committees.

School-Related Directives. In cooperation with the Department of Public Instruction, the Office of Juvenile Justice must study more effective and efficient ways to coordinate case management, provide needed services to juveniles, and provide maximum protection to the public and to schools. Findings and recommendations must be reported to the General Assembly by April 1, 2000.

S.L. 1998-202 requires the State Board of Education to study the feasibility and advisability of delaying the start of the school day. If the board recommends a delay in the start of the school day, it must consider whether schools should provide early morning supervision for students whose parents work and do not have child care available. The board must report its findings and recommendations to the Joint Legislative Education Oversight Committee by May 1, 1999.

Through the Department of Public Instruction, the State Board of Education must study ways to provide an alternative educational program for any student who is suspended or expelled from school. The study must include

• a review of safe school plans and alternative educational programs;
• an analysis of data on suspensions and expulsions;
• an assessment of federal, state, local, and private resources available for educational programs for suspended or expelled students;
• research of other educational programs offered by other state agencies;
• a review of the law relating to suspension and expulsion and the right to a public education;
• recommendations for a plan and timetable for implementing alternative educational programs for every expelled or suspended student; and
• a review of policies and procedures for transporting aggressive or assaultive students with other students, including disabled students, and development of a plan to insure the protection of all students, particularly disabled students, from physical harm by aggressive or assaultive students.

The board must report to the Joint Legislative Education Oversight Committee by May 1, 1999.

The act also amends G.S. 115C-47 to encourage local boards of education to establish alternative learning programs and, where such programs exist, to require local boards to adopt guidelines for assigning students to them.

Family Court Pilot Programs. The AOC is required to establish pilot programs for holding family court, following the guidelines in the report of the Commission for the Future of Justice and the Courts in North Carolina. The AOC will select district court districts for the pilot programs and must report by March 1, 2000, on the programs' success and impact. The 1998 Appropriations Act, S.L. 1998-212 (S 1366), allocates $318,228, nonrecurring, to the AOC for three family court pilot programs, beginning March 1, 1999, and expiring December 1, 2000. The pilot family court programs are discussed in more detail in Chapter 4 (Children and Families).

Evaluation of Reform. The Office of Juvenile Justice is required to evaluate the effectiveness of the reform measures the General Assembly enacted and to report to the Joint Legislative Commission on Governmental Operations by October 1, 2000.

North Carolina Sentencing and Policy Advisory Commission. S.L. 1998-202 amends parts of G.S. Chapter 164 to require the North Carolina Sentencing and Policy Advisory Commission to

• evaluate juvenile dispositional laws and policies and report its recommendations to the General Assembly annually;
• develop an Office of Juvenile Justice facilities population simulation model;
• determine long-range needs of the juvenile justice system and recommend policy priorities;
• determine long-range information needs of the juvenile justice system and acquire the information as it becomes available;
• identify critical problems in the juvenile justice system and recommend strategies to solve them;
• assess the cost-effectiveness of the system's use of state and local funds;
• recommend goals, priorities, and standards for the allocation of juvenile justice funds;
• monitor and review the juvenile justice system on an ongoing basis;
• review any proposed legislation that changes the range of a dispositional level and make recommendations to the General Assembly; and
• collect, develop, and maintain statistical data relating to juvenile justice.

The 1998 Appropriations Act, S.L. 1998-212 (S 1366), allocates to the commission $119,512 in nonrecurring funds and $73,463 in recurring funding to provide contractual services and two research analyst positions to support juvenile data collection needs and to update the juvenile population simulation model.

As described above, S.L. 1998-202 directs the Office of Juvenile Justice to consult with the commission in studying blended sentencing and direct filing in certain juvenile cases. It also adds a representative of the Office of Juvenile Justice to the commission's membership.

Criminal Justice Information Network. S.L. 1998-202 amends G.S. 143-661(a) to expand the purpose of the Criminal Justice Information Network to include the sharing of juvenile justice information among law enforcement, judicial, and corrections agencies.

The act requires the Criminal Justice Information Network Governing Board to

• develop a juvenile justice information plan for creation of the juvenile justice information system, to ensure that the system will enable the state to evaluate the efficiency and effectiveness of the juvenile justice system as well as to monitor and evaluate the progress of individual juveniles;
• develop a comprehensive juvenile justice information system pursuant to the plan, including a system to collect specified data and information about every juvenile alleged to be delinquent;
• study the most appropriate methods and procedures for obtaining, retaining, and releasing fingerprints and photographs of juveniles alleged to be delinquent;
• consider issues relating to the expunction of juvenile records;
• report to the chairs of the Senate and House Appropriations Committees and to the Fiscal Research Division by May 1, 1999.

The 1998 Appropriations Act, S.L. 1998-212 (S 1366), allocates $600,000 in nonrecurring funds and $120,000 in recurring funds to the Judicial Department for the juvenile justice information system. The funds must be used for one project coordinator and two business system analysts and for contractual funds to develop the juvenile justice information system plan and the scope and design of the system. No additional state or federal funds may be expended for the juvenile justice information system until the Criminal Justice Information Network Governing Board submits the juvenile justice information plan to the House and Senate Appropriations Committees.

To implement the provisions of the Juvenile Justice Reform Act, Section 8.1 of the 1998 Appropriations Act, S.L. 1998-212, establishes a Juvenile Justice Reserve Fund in the Office of State Budget and Management. The General Assembly appropriated more than $17.3 million for the fund and made specific funding allocations from the fund. Some of these are described above in relation to the directives they support. Other appropriations from the fund are described in the following sections.

DHHS Division of Youth Services. S.L. 1998-212 makes the following nonrecurring allocations from the Juvenile Justice Reserve Fund to the DHHS Division of Youth Services. (Effective January 1, 1999, these and other funds of the Division of Youth Services will be transferred to the new Office of Juvenile Justice.)

• $1 million to plan and design 208 new training school beds and related support facilities.
• $4.8 million for two twenty-four-bed detention units. The division must consider renovation of existing GPAC units. Any funds remaining after the allocation of funds for construction or renovation of units are to be used for planning and designing an additional twenty-four-bed detention unit, for which the General Assembly intends to appropriate construction funds. Site selection for detention beds must be based on the need for additional beds in particular areas of the state. The division (after January 1, 1999, the Office of Juvenile Justice) must report to the Joint Legislative Commission on Governmental Operations before making final site selections for training school beds and detention beds.
• $700,000 to construct a new modular Eckerd Wilderness Camp.
• $100,000 to study the At-Risk Assessment System.
• $50,000 for the Substance Abuse Prevention Plan.

In addition, S.L. 1998-212 appropriates from the General Fund to the Division of Youth Services (in effect, to the OJJ) the following:

• $517,000 in recurring funds to contract for the construction or lease and operation of up to four new eight-bed multipurpose juvenile homes, effective April 1, 1999.
• $32,980 in nonrecurring funding and $484,444 in recurring funds to make permanent thirty-two beds at Umstead Detention Center, effective January 1, 1999.
• $3,688,548 in nonrecurring funds and $1,823,442 in recurring funding for local grants.

In awarding grants from these funds, the division or the OJJ must give priority to local substance abuse-related services, local home-based family services programs, and juvenile day reporting centers. Funds appropriated for local grants do not revert. The Office of Juvenile Justice, on or before May 1, 1999, must submit to the Joint Legislative Commission on Governmental Operations, the House and Senate Appropriations Committees, and the Fiscal Research Division a list of recipients of grants awarded from the Juvenile Justice Reserve Fund. The list must include for each recipient the amount of the grant, the membership of the local committee or council administering the funds locally, and a description of the local services, programs, or projects that will receive funds.

Juvenile Services Division of the Administrative Office of the Courts. Appropriations to the Juvenile Services Division of the Administrative Office of the Courts include the following. (Effective January 1, 1999, these and other funds of the Juvenile Services Division will be transferred to the new Office of Juvenile Justice.)

• $100,000 in recurring funding to lease field monitoring units for electronic house arrest.
• $563,298 (nonrecurring) and $930,427 (recurring) for 100 court counselors, 6 court counselor supervisors, and 20 juvenile court secretaries. The positions for fifty counselors, three supervisors, and ten secretary positions become effective April 1, 1999. The remaining positions become effective June 1, 1999.

Department of Public Instruction. The 1998 Appropriations Act appropriates to the Department of Public Instruction $700,000 in nonrecurring funds for the Communities in Schools Program, a public-private partnership working with at-risk students.

Center for the Prevention of School Violence. The 1998 Appropriations Act appropriates to the Board of Governors of The University of North Carolina $500,000 in nonrecurring funds for operating support for the Center for the Prevention of School Violence, a research, training, and information center at North Carolina State University.

Effect of Agency Restructuring. Effective January 1, 1999, certain funds appropriated or allocated to DHHS or the Judicial Department must be transferred to the new Office of Juvenile Justice. Before January 1, 1999, DHHS may initiate the grant application and review process for local grants but may not award grants from funds appropriated to the Juvenile Justice Reserve Fund. The local Juvenile Crime Prevention Councils may work in consultation with the local youth services advisory committees in existence on January 1, 1999, in receiving grant funds during the 1998-99 fiscal year and in allocating those funds to local programs.

Juvenile Accountability Incentive Block Grants. Funds appropriated to the Juvenile Justice Reserve Fund for the 1998-99 fiscal year may be used as matching funds for federal Juvenile Accountability Incentive Block Grants. If North Carolina receives block grant funds, or a notice of funds to be awarded, the Office of State Budget and Management and the Governor's Crime Commission of the Department of Crime Control and Public Safety must consult with the Office of Juvenile Justice about the criteria for awarding the federal funds and report to the House and Senate Appropriations Committees and the Joint Legislative Commission on Governmental Operations before allocating the funds. The report must identify the amount of funds that will be received for the 1998-99 fiscal year, the amount of funds anticipated for the 1999-2000 fiscal year, and the allocation of funds by program and purpose.

Block Grant Funds. The 1998 Appropriations Act (S.L. 1998-212) transfers $1,182,280 from the Temporary Assistance for Needy Families (TANF) Block Grant to the DHHS Division of Mental Health, Developmental Disabilities, and Substance Abuse Services for juvenile offenders. Allocations from the federal Substance Abuse Prevention and Treatment Block Grant include the following:

• $893,811 for juvenile services-family focus.
• $300,000 for juvenile offender services and substance abuse pilot.

Whitaker School Planning Funds. Section 29.5C of the 1998 Appropriations Act, S.L. 1998-212 (S 1366), appropriates $250,000 to DHHS for planning and designing a replacement facility for the Whitaker School, a reeducation facility for behaviorally and emotionally disturbed youth. DHHS must provide the plan, design, and estimated costs to the House and Senate Appropriations Subcommittees on Human Resources by May 1, 1999.

Cumberland County Juvenile Assessment Center Project. Section 16.6 of S.L. 1998-212 rewrites Section 18.21 of the 1997 Appropriations Act, S.L. 1997-443, to

1. extend the Cumberland County Juvenile Assessment Center Project for one year, to June 30, 1999, and
2. provide that funds appropriated to the Administrative Office of the Courts for the project for fiscal year 1997-98 do not revert but remain available during the 1998-99 fiscal year to implement the project.

Project Challenge Funds. Project Challenge North Carolina is a nonprofit corporation that provides alternative dispositions and services to juveniles who have been adjudicated delinquent or undisciplined. Section 16.24 of S.L. 1998-212 rewrites Section 18.20 of the 1997 Appropriations Act, S.L. 1997-443, to provide that $100,000 of the funds appropriated to the Administrative Office of the Courts for the 1998-99 fiscal year must be used to support the operation of the program in District Court Districts 24, 25, 29, and 30 and to expand the program into additional districts.

The Juvenile Justice Reform Act, S.L. 1998-202 (S 1260), authorizes the Office of State Construction of the Department of Administration to contract for and supervise all aspects of administration, technical assistance, design, construction, or demolition of any juvenile facilities authorized for the 1998-99 fiscal year, including the transformation of existing adult facilities to juvenile facilities. If the Secretary of Administration, in consultation with the Office of Juvenile Justice, determines that the delivery of juvenile facilities must be expedited, the Office of State Construction will be exempt from specified rules and statutes as necessary to expedite delivery. The Secretary of Administration must give written notice of the intent to exercise the exemptions to the Speaker of the House, the President Pro Tempore of the Senate, the chairs of the House and Senate Appropriations Committees, the Joint Legislative Commission on Governmental Operations, and the Fiscal Research Division. The notice must specify the requirement from which exemption is needed, give the reason the exemption is necessary and how the exemption will expedite delivery, and briefly summarize the proposed contract for the project.

The Office of State Construction must

• have a verifiable 10 percent goal for participation by minority- and women-owned businesses;
• include in all contracts a penalty for failure to complete the work by a specified date;
• consult the Department of Health and Human Services, to the extent the projects relate to the department's program needs and its responsibility for the care of the facility's population; and
• report by May 1, 1999, to the chairs of the House and Senate Appropriations Committees, the Joint Legislative Commission on Governmental Operations, and the Fiscal Research Division with respect to any changes in projects and allocations authorized for the 1998-99 fiscal year, including information on selected contractors, contracts, projected and actual occupancy dates, locations and number of beds to be constructed, and projected and actual costs.

Lose Control, Lose Your License. A much-debated provision that was not included in the Juvenile Justice Reform Act would have denied a driver's license to any juvenile who was suspended or expelled from school for more than ten days for (1) possession or sale of alcohol or an illegal controlled substance on school property or at a school-sponsored or school-related activity, (2) possession or use of a weapon or firearm on school property, or (3) physical assault on and serious injury to a teacher or other school personnel on school property or at a school-sponsored or school-related activity.