On the Civil Side

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  • 2025 Delinquency Law Changes

    This entry was contributed by Jacquelyn Greene on November 25, 2025 at 8:42 am and is filed under Juvenile Justice, Juvenile Law.

    The 2025 legislative session resulted in a small number of changes to the laws that govern delinquency proceedings. They include extended terms of probation and post-release supervision in some cases, prosecutorial authority to file a motion for review, a new requirement for hearings to terminate probation for cases in which there is a victim, and technical changes to conform school notification requirements.

    Extended Probation and Post-Release Supervision Terms

    Probation

    Under the current law, a juvenile can be placed on probation as a disposition in a delinquency matter for an initial maximum period of 12 months. G.S. 7B-2510(c). The order of probation can be extended for one additional year after notice, a hearing, and written findings that the extension is necessary to protect the community or to safeguard the welfare of the juvenile. G.S. 7B-2510(c), Matter of H.D.H., 269 N.C.App. 409 (2020).

    Beginning with offenses committed on or after December 1, 2025, two one-year extensions of probation will be allowed when a juvenile has been adjudicated delinquent for an offense that would be a Class A, B1, or B2 felony if committed by an adult. S.L. 2025-93 § 8.(a). These extensions will require notice and a hearing, like the current requirements for extensions of probation. In addition, findings that the extension is necessary to protect the community or to safeguard the welfare of the juvenile will continue to be required for each extension. The total maximum term of probation possible in these cases will be three years.

    Post-Release Supervision

    Post-release supervision (PRS) is a period of community-based supervision following release from a Youth Development Center (YDC). G.S. 7B-1501(21). The PRS planning process is initiated by the Division of Juvenile Justice (DJJ). G.S. 7B-2514(a). Currently, every PRS plan must require at least 90 days of PRS. G.S. 7B-2514(b). Beginning with offenses committed on or after December 1, 2025, when the offense underlying commitment to the YDC would be a Class A, B1, B2, or C felony if committed by an adult, the PRS plan must require at least three years of PRS. S.L. 2025-93 § 8.(c).

    Prosecutorial Authority to File Motion for Review

    The Juvenile Code currently allows the juvenile court counselor or the juvenile to file a motion to review the progress of the juvenile on probation. G.S. 7B-2510(d). The court is also authorized to make its own motion for review. G.S. 7B-2510(d). The prosecutor is surprisingly absent from the list of people who are authorized to file such a motion for review. That absence will be eliminated beginning with offenses committed on or after December 1, 2025. S.L. 2025-93 § 8.(a). Once the law takes effect, prosecutors will also have the authority to file a motion for review.

    Hearings Required to Terminate Probation and PRS

    Probation Termination

    The court can terminate probation in a delinquency case through a written order finding that there is no further need for supervision. G.S. 7B-2511. Under current law, the finding and order can be 1) entered in chambers in the absence of the juvenile and may be based on a report from the juvenile court counselor, or 2) the court can choose to enter the termination order with the juvenile present after notice and hearing. G.S. 7B-2511.

    Beginning with offenses committed on or after December 1, 2025, a hearing must be held to terminate probation in any matter involving a victim. S.L. 2025-93 § 8.(b). A case involving a victim is defined as any matter that includes an offense against a person or a felony property offense. G.S. 7B-2051(a)(5).

    Victims currently have the right to request reasonable, accurate, and timely notice of court proceedings of the juvenile. G.S. 7B-2052.  The district attorney’s office is responsible for notifying the victim of their rights within 72 hours of the filing of a petition and for providing the victim a form to indicate their request for notice of some, all, or none of the court proceedings. G.S. 7B-2053(a)-(b). Under the new law, if the victim has requested to be notified of court proceedings, DJJ must provide the victim notice of the hearing to terminate probation. S.L. 2025-93 § 8.(b).

    The prosecutor and the victim must have an opportunity to be heard at the hearing to terminate probation. This right to be heard will extend to any person with the authority to assert the victim’s rights, including 1) if the victim is a minor or is legally incapacitated, the victim’s parent, guardian, or legal custodian or 2) a family member of a deceased victim. G.S. 7B-2051(b). The priority order for family member assertion of the victim’s rights is: a spouse, child, parent, guardian, legal custodian, sibling, or grandparent of the victim. G.S. 7B-2051(a)(2), (b). In addition, the guardian or legal custodian of a deceased minor has priority over a family member. G.S. 7B-2051(b)(1).

    The new law will likely require practice changes in many jurisdictions where probation termination routinely occurs in chambers based on a report from DJJ. To terminate probation for offenses committed on or after December 1, 2025 in which there is a victim, cases will need to be calendared for a probation termination hearing and DJJ will be required to provide notice to victims who requested such notice.

    PRS Termination

    A hearing to terminate PRS supervision is also required under the new law for any matter in which the underlying offense would be a Class A, B1, B2, or C felony if committed by an adult. S.L. 2025-93 § 8.(c). The juvenile is entitled to notice of the hearing and should be present. As with the probation termination hearing, if the victim requested notice of this kind of hearing or of all hearings, DJJ must provide notice to the victim. Again, the court must provide the prosecutor and the victim, or any person who has the authority under G.S. 7B-2051 to assert the victim’s rights, an opportunity to be heard. S.L. 2025-93 § 8.(c).

    School Notification of Delinquency Matters

    The Juvenile Code allows for limited school notification of delinquency proceedings involving a student enrolled at the school. G.S. 7B-3101. Historically the provisions applied to any matter involving an offense that would be a felony if committed by an adult. The scope of the first notification, that a juvenile petition has been filed, was limited by S.L. 2024-17 § 4.(a)  to notification only of the filing of petitions that allege an offense that would be a Class A – E felony if committed by an adult.

    However, G.S. 7B-3101 goes on to require notification when other events occur in a delinquency case. This includes when a case is transferred to superior court for trial as an adult; dismissal; issuance of a dispositional order; and when an order of disposition is modified or vacated. G.S. 7B-3101(a)(2)-(5). These notification provisions were not amended as part of the S.L. 2024-17 and continued to apply to all cases that involve any offense that would be a felony if committed by an adult, not just cases that involve Class A – E felony offenses.

    Changes enacted in S.L. 2025-70 § 10 conform almost all of the notification provisions to the narrower notification requirement now applicable to the initial filing of the petition. As amended, school notification of transfer, dismissal, and modification or vacating of an order of disposition is only allowed in matters involving an offense that would constitute a Class A – E felony offense if committed by an adult. The requirement to notify the school of the issuance of an order of disposition continues to apply in cases involving an adjudication of delinquency for any felony offense.

    Unlike the other changes described in this post, the narrowing of the school notification provisions took effect on July 9, 2025, when S.L. 2025-70 was enacted. These changes are therefore current law.

    Wrapping Up

    During this season of gratitude and gifting, I am tremendously grateful for the gift of the many public servants whose work I am lucky to support. Their commitment to struggling youth, community safety, and the rule of law is evident as they ask questions, soak in resources, and dedicate their time to new learning. Thanks for asking, reading, discussing, and learning with me.

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    Jacquelyn Greene

    Jacquelyn "Jacqui" Greene joined the School’s legal faculty in 2018 to focus on juvenile justice. Before coming to the School, she was program area director for the New York–based consultancy firm Policy Research Associates. She also served as executive director of the New York State Governor’s Commission on Youth, Public Safety, and Justice; director of juvenile justice policy at the New York State Division of Criminal Justice Services; and counsel to the committees on children and families and social services for the New York State Assembly. Her work experience includes representing children in family court matters as well as developing and implementing juvenile justice, delinquency prevention, and child welfare policy. Her recent research and policy work centers on the school-to-prison pipeline, juvenile justice reform, and behavioral health interventions for at-risk youth. Greene holds a bachelor's degree in psychology and political science from the University of North Carolina at Chapel Hill and a law degree from Harvard Law School.

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