Jurisdiction Over Parents in Delinquency Cases When the Juvenile is 18 or Older

Does the court have authority over parents of juveniles who are respondents in delinquency matters once the juvenile turns 18? This question has come up repeatedly as practitioners across North Carolina continue to implement the Juvenile Jurisdiction Reinvestment Act (JJRA), the law that brought the vast majority of youth who commit offenses at ages 16 and 17 under juvenile court jurisdiction. The short answer is—yes. However, that fact does not mean that this jurisdictional law is without complications. This blog explains why the new jurisdictional laws have led to increased numbers of 18- and 19-year-olds under juvenile court jurisdiction, the court’s authority over the parents of those youth, and complications related to this jurisdictional authority over parents of people who are legally adults. Delinquency Jurisdiction Over 18- and 19-Year-Olds Prior to implementation of the JJRA, juvenile court jurisdiction generally ended once a youth turned 18.  G.S. 7B-1601(b). Jurisdiction could only be extended past a juvenile’s 18th birthday if the juvenile was committed to a Youth Development Center (YDC) for a Class A – E felony offense. G.S. 7B-1602. This meant that jurisdiction extended past 18 for a very small number of juveniles and only for juveniles who were committed to the YDC. The JJRA created new laws regarding the length of juvenile court jurisdiction for offenses committed at ages 16 and 17. Per G.S. 7B-1601(b1), the court can retain jurisdiction over a juvenile who is adjudicated delinquent for an offense committed at age 16 until the juvenile reaches their 19th birthday, [...]