GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION
CHAPTER 434
The General Assembly of North Carolina enacts:
Section 1. G.S. 7A-651 is amended by adding a new subsection to read:
"(e) An order that commits a juvenile to the Division of Youth Services shall recite detailed findings that support commitment to the Division as the least restrictive alternative in light of the circumstances. These findings shall state that all alternatives to commitment prescribed in G.S. 7A-647, 7A-648, and 7A-649 have been attempted unsuccessfully or were considered and found to be inappropriate and that the juvenile's behavior constitutes a threat to persons or property in the community. These findings shall be supported by substantial evidence in the record that the judge determined the needs of the juvenile, determined the appropriate community resources required to meet those needs, and explored and exhausted or considered inappropriate those resources prior to committing the juvenile to the Division."
Sec. 2. G.S. 7A-652(e) reads as rewritten:
"(e) The Division of Youth
Services shall accept all juveniles who have been committed for delinquency when
the order of commitment appears on its face to contain the findings required by
G.S. 7A-651(e) but may decline to do so otherwise. if the Director finds
that the criteria specified in this section have been met. A
commitment order accompanied by information requested by the Director shall be
forwarded to the Division. The Director shall place the juvenile in the
residential facility that would best provide for his needs and shall notify the
committing court. The Secretary of the Department of Human Resources may assign
a juvenile committed for delinquency to any institution or other program of the
Department or licensed by the Department, which program is appropriate to the
needs of the juvenile."
Sec. 3. G.S. 7A-652(a) reads as rewritten:
"(a) A delinquent juvenile
10 years of age or more may be committed to the Division of Youth Services for
placement in one of the residential facilities operated by the Division if the
judge finds that the alternatives to commitment as contained in G.S. 7A-647,
7A-648, and 7A-649 have been attempted unsuccessfully or are were
considered and found to be inappropriate and that the juvenile's behavior
constitutes a threat to persons or property in the community. These
findings shall be supported by substantial evidence in the record that the
judge determined the needs of the juvenile, determined the appropriate
community resources required to meet those needs, and explored and exhausted or
considered inappropriate those resources prior to committing the juvenile to
the Division."
Sec. 4. This act becomes effective October 1, 1991, and applies to commitments ordered on or after that date.
In the General Assembly read three times and ratified this the 27th day of June, 1991.
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James C. Gardner
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives