Magistrates have limited authority to file juvenile petitions and enter custody orders related to delinquent and undisciplined juveniles. Specifically, a magistrate may “draw and verify the petition and accept it for filing,” in “emergency situations” when the clerk’s office is closed and “a petition is required in order to obtain a secure or nonsecure custody order.” G.S. 7B-1804. Recently, I was invited to discuss this statutory provision with magistrates at their annual fall conference. I had assumed that most magistrates rarely, if ever, file juvenile delinquency or undisciplined petitions and expected to finish the presentation early with few questions. To my surprise, I discovered that magistrates in some counties are routinely being asked to file after hours juvenile petitions and enter secure custody orders, and they had lots of questions. Since I ran out of time trying to answer them all, I decided to write this blog post.
Every other year the School of Government and Office of Indigent Defense Services hold a multi-day skills training for juvenile defenders in North Carolina. The first day of this year’s intensive training was held at the Guilford County Juvenile Detention Center in Greensboro, NC. The juvenile defenders first heard sessions on adolescent brain development by Dr. Ayesha Chaudhary, Forensic Psychiatrist at Duke University, and detention advocacy by Mitch Feld, Director of Children’s Defense at the Council for Children’s Rights. This set the stage for the tour of the facility and conversations with the youth. Continue Reading
In a prior post, I wrote about SB 331, which proposed several changes to the delinquency subchapter of the Juvenile Code. That bill didn’t make it. Instead, it became HB 879 (enacted as S.L. 2015-58), which includes several new laws intended to either increase due process protections for juveniles, reduce further entry of juveniles in the delinquency system, or reduce juvenile confinement. Although it’s similar to the prior Senate bill, there are some important differences that you should know about before the new laws become effective on December 1, 2015. One of these laws involves a juvenile age increase, although it’s not quite the change for which “raise the age” advocates were lobbying.Continue Reading