NORTH CAROLINA GENERAL ASSEMBLY

1981 SESSION

 

 

CHAPTER 716

HOUSE BILL 243

 

 

AN ACT TO AMEND THE JUVENILE CODE TO INCLUDE PROSTITUTION WITHIN THE DEFINITION OF CHILD ABUSE AND TO AMEND G.S. 7A-549 AS IT PROVIDES FOR PHYSICIANS' AUTHORITY TO TAKE EMERGENCY CUSTODY OF AND PROTECT ABUSED CHILDREN.

 

The General Assembly of North Carolina enacts:

 

Section 1. G.S. 7A-517(1)(c) is hereby amended on the second line thereof by inserting between the semicolon and the word "or" the following language:

"commits, permits or encourages any act of prostitution with or by the juvenile;".

Sec. 2. G.S. 7A-549 is rewritten to read:

"§ 7A-549. Authority of medical professionals in abuse cases. - (a) Any physician or administrator of a hospital, clinic, or other medical facility to which a suspected abused juvenile is brought for medical diagnosis or treatment shall have the right, when authorized by the chief district court judge of the district or his designee, to retain physical custody of the juvenile in the facility when the physician who examines the juvenile certifies in writing that the juvenile who is suspected of being abused should remain for medical treatment or that, according to his medical evaluation, it is unsafe for the juvenile to return to his parent, guardian, custodian, or caretaker. This written certification must be signed by the certifying physician and must include the time and date that the judicial authority to retain custody is given. Copies of the written certification must be appended to the juvenile's medical and judicial records and another copy must be given to the juvenile's parent, guardian, custodian, or caretaker. The right to retain custody in the facility shall exist for up to 12 hours from the time and date contained in the written certification.

(b)        Immediately upon receipt of judicial authority to retain custody, the physician, the administrator, or his designee shall so notify the director of social services for the county in which the facility is located. The director shall treat this notification as a report of suspected abuse and shall immediately begin an investigation of the case.

(1)        If the investigation reveals (i) that it is the opinion of the certifying physician that the juvenile is in need of medical treatment to cure or alleviate physical distress, or to prevent the juvenile from suffering serious physical harm which might result in death, disfigurement, or substantial impairment of bodily function, and (ii) that it is the opinion of the physician that the juvenile should for these reasons remain in the custody of the facility for 12 hours, but (iii) that the juvenile's parent, guardian, custodian or caretaker cannot be reached or, upon request, will not consent to the treatment within the facility, the director shall within the initial 12-hour period file a juvenile petition alleging abuse and setting forth supporting allegations and shall seek a nonsecure custody order. A petition filed and a nonsecure custody order obtained in accordance with this subdivision shall come on for hearing under the regular provisions of this Subchapter unless the director and the certifying physician together voluntarily dismiss the petition.

(2)        In all cases except those described in subdivision (1) above, the director shall conduct his investigation and may initiate juvenile proceedings and take all other steps authorized by the regular provisions of this Subchapter. If the director decides not to file a petition, the physician, the administrator or his designee may ask the prosecutor to review this decision according to the provisions of G.S. 7A-546 and G.S. 7A-547.

(c)        If, upon hearing, the court determines that the child is found in a county other than the county of legal residence, in accord with G.S. 153A-257, the child may be transferred, in accord with G.S. 7A-647(2), to the custody of the department of social services in the county of residence.

(d)        If the court, upon inquiry, determines that the medical treatment rendered was necessary and appropriate, the cost of that treatment may be charged to the parents, guardian, custodian, or caretaker, or, if the parents are unable to pay, to the county of residence in accordance with G.S. 7A-647(3) and G.S. 7A-650.

(e)        Except as otherwise provided, a petition begun under this section shall proceed in like manner with petitions begun under G.S. 7A-544.

(f)         The procedures in this section are in addition to, and not in derogation of, the child abuse and neglect reporting provisions of G.S. 7A-543 and the temporary custody provisions of G.S. 7A-571. Nothing in this section shall preclude a physician or administrator and a director of social services from following the procedures of G.S. 7A-543 and G.S. 7A-571 whenever these procedures are more appropriate to the juvenile's circumstances."

Sec. 3. Section 1 of this act is effective upon ratification and Section 2 shall be effective 90 days after ratification.

In the General Assembly read three times and ratified, this the 29th day of June, 1981.