NORTH CAROLINA GENERAL ASSEMBLY

1977 SESSION

CHAPTER 696

HOUSE BILL 719

AN ACT TO AMEND ARTICLE 4 OF CHAPTER 122 OF THE GENERAL STATUTES TO PROTECT THE PRIVACY OF MINORS VOLUNTARILY ADMITTED TO A TREATMENT FACILITY BY MAKING THE COURT RECORD OF ADMISSION CONFIDENTIAL.

The General Assembly of North Carolina enacts:

Section 1.  The "Voluntary Admission" procedure provided by Article 4 of Chapter 122 of the General Statutes is hereby amended by adding new sections immediately following G.S. 122-56.7, to be numbered G.S. 122-56.8 and G S. 122-56.9, and to read as follows:

"§ 122-56.8.  Confidentiality of the court record of minors; violation a misdemeanor; court record to be expunged when the minor becomes an adult. — (a) The court records of a minor made in all proceedings pursuant to G.S. 122-56.7 are hereby declared to be confidential and shall not be open to the general public for inspection except when such disclosure is provided for in G.S. 122-569.

(b)        It shall be a misdemeanor for any person to disclose the confidential court records of subsection (a) of this section to members of the general public.

(c)        The court records described in subsection (a) of this section shall, upon the request of the parent, guardian, or party admitted, be expunged from the files of the court after the party admitted has reached adulthood and has been

"§ 122-56.9.  Exception to confidentiality rule; procedure. — Any person seeking information contained in the court files or the court records of proceedings involving minors made pursuant to an action under G.S. 122-56.7 may file a written motion in the cause setting out why the information is needed. A district court judge may issue an order to disclose the information sought if he finds such order is appropriate under the circumstances and if he finds that it is in the best interest of the minor or of the public to have such information disclosed."

Sec. 2.  This act shall become effective on July 1, 1977.

In the General Assembly read three times and ratified, this the 23rd day of June, 1977.