GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1991
CHAPTER 1031
The General Assembly of North Carolina enacts:
Section 1. G.S. 110-44.4 reads as rewritten:
"§ 110-44.4. Enforcement.
The provisions of this Article may be enforced by the parent,
guardian, or person standing in loco parentis to the child
by filing a civil action in the district court of the county where the child
can be found. found or the county of the plaintiff's residence.
Upon the institution of such action by a verified complaint, alleging that
the defendant child has left home or has left the place where he has been
residing and refuses to return and comply with the direction and control of the
plaintiff, the court may issue an order directing the child personally to
appear before the court at a specified time to be heard in answer to the
allegations of the plaintiff and to comply with further orders of the
court. Such orders shall be served by the sheriff upon the child and upon
any other person named as a party defendant in such action. At the time
of the issuance of the order directing the child to appear the court may in the
same order, or by separate order, order the sheriff to enter any house,
building, structure or conveyance for the purpose of searching for said child
and serving said order and for the purpose of taking custody of the person of
said child in order to bring said child before the court. Any order
issued at said hearing shall be treated as a mandatory injunction and shall
remain in full force and effect until the child reaches the age of 18, or until
further orders of the court. Within 30 days after the hearing on the
original order, the child, or anyone acting in his behalf, may file a verified
answer to the complaint. Upon the filing of an answer by or on behalf of
said child, any district court judge holding court in the county or district
court district as defined in G.S. 7A-133 where said action was instituted shall
have jurisdiction to hear the matter, without a jury, and to make findings of
fact, conclusions of law, and render judgment thereon. Any aggrieved
party may within the time allowed for appeal of civil actions generally appeal
to the superior court where trial shall be had without a jury. Appeals
from the superior district court to the Court of Appeals shall be
allowed as in civil actions generally. The district judge issuing the
original order or the district judge hearing the matter after answer has been
filed shall also have authority to order that any person named defendant in the
order or judgment shall not harbor, keep, or allow the defendant child to
remain on said person's premises or in said person's home. Failure of any
defendant to comply with the terms of said order or judgment shall be
punishable as for contempt."
Sec. 2. This act becomes effective October 1, 1992, and applies to actions initiated on and after that date.
In the General Assembly read three times and ratified this the 24th day of July, 1992.
Henson P. Barnes
President Pro Tempore of the Senate
Daniel Blue, Jr.
Speaker of the House of Representatives