NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 925

HOUSE BILL 794

 

 

AN ACT TO AMEND ARTICLE 5 OF CHAPTER 110 OF THE GENERAL STATUTES OF NORTH CAROLINA RELATING TO THE INTERSTATE COMPACT ON JUVENILES.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 110-58, as the same appears in the 1963 Cumulative Supplement to Replacement Volume 3A of the General Statutes, is amended to make the compact thereby authorized identical in language to the interstate compact on juveniles, as enacted by other states legally joining therein, by amending Article IV relating to the return of runaways as follows:

(1)        Delete from the fifth sentence of subsection (a) the word "shall" after the words "The judge of the court to which this application is made" and before the words "hold a hearing thereon", and substitute therefor the word "may";

(2)        Insert in the sixth sentence of subsection (a) after the words "If the judge determines" and before the words "that the juvenile should be returned" commas and words as follows: ", either with or without a hearing,";

(3)        Delete from the last sentence of the first paragraph of subsection (a) the words "shall upon request" after the words and commas "The judge, however," and before the words "fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding", and substitute therefor the word "may";

(4)        Delete from the first sentence of the second paragraph of subsection (a) the word and figure "thirty (30)" after the words "for such a time not exceeding" and before the words "days as will enable his return to another state party to this compact pursuant to a requisition for his return from a court of that state", and substitute therefor the word and figure "ninety (90)";

(5)        Delete from subsection (c) the words "male 16 years of age or under and any female 18 years of age or under" and substitute therefor the words "person who is a minor under the law of the state of residence of the parent, guardian, person or agency entitled to the legal custody of such minor".

Sec. 2.  Chapter 110 of the General Statutes is hereby amended by adding a new Section immediately following G.S. 110-63, to be numbered G.S. 110-64, and to read as follows:

"G.S. 110-64.  Limitations Upon the Courts' Discretion In Applying the Provisions of Article IV of the Compact. The judge of any court in North Carolina to which an application is made for the return of a runaway under the provisions of Article IV of the Interstate Compact on Juveniles shall hold a hearing thereon to determine whether for the purposes of the compact the petitioner is entitled to the legal custody of the juvenile, whether or not it appears that the juvenile has in fact run away without consent, whether or not he is an emancipated minor, and whether or not it is in the best interest of the juvenile to compel his return to the state. The judge of any court in North Carolina finding that a requisition for the return of a juvenile under the provisions of Article IV of the compact is in order shall upon request fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding. The period of time for holding a juvenile in custody under the provisions of Article IV of the compact for his own protection and welfare, subject to the order of a court of this State, to enable his return to another state party to the compact pursuant to a requisition for his return from a court of that state, shall not exceed thirty (30) days. In applying the provisions of Article IV of the compact to secure the return of a runaway from North Carolina, the courts of this State shall construe the word 'juvenile' as used in this Article to mean any male 16 years of age or under and any female 18 years of age or under."

Sec. 3.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 10th day of June, 1965.