I am happy to share a new resource with you: Delinquency Law: Original Juvenile Jurisdiction and Juvenile Jurisdiction over Parents, Guardians, and Custodians. This new Juvenile Law Bulletin (1) describes the current law of original juvenile jurisdiction; (2) provides a guide to the law of original juvenile jurisdiction based on offense dates between 2019 and 2024; and (3) describes juvenile jurisdiction over parents, guardians, and custodians of juvenile respondents in delinquency proceedings. Selected highlights from the Bulletin are provided below.
Current Law of Juvenile Jurisdiction
The definition of delinquent juvenile in G.S. 7B-1501(7) governs which matters are subject to original juvenile jurisdiction based on the juvenile’s age at offense and the offense charged. The definition places the following matters under original juvenile jurisdiction.
Offenses Committed at Ages 8 and 9
Two groups of offenses committed at age 8 and 9 fall under juvenile jurisdiction:
- class A – G felony offenses (G.S. 7B-1501(7)c.) and
- all crimes or infractions if the child has been previously adjudicated delinquent. G.S. 7B-1501(7)d.
There is no juvenile jurisdiction for offenses committed under the age of 8. Case management services from the Division of Juvenile Justice (DJJ) (called juvenile consultation services) can be accessed for children ages 6 through 9 when they meet the definition of a vulnerable juvenile (any juvenile who has committed a crime or infraction and does not fall within juvenile jurisdiction as described above). G.S. 7B-1501(27b). These services are provided outside of the court’s jurisdiction, so a delinquency matter cannot be initiated in these cases.
Offenses Committed at Ages 10-15
Juvenile court has original jurisdiction over any crime, infraction, and act of indirect contempt committed by a juvenile at ages 10 through 15. G.S. 7B-1501(7)a.
Offenses Committed at Ages 16 and 17
Juvenile court has original jurisdiction over most offenses committed at ages 16 and 17. However, there are two categories of offenses that begin under criminal jurisdiction when committed at ages 16 and 17. They are:
- any motor vehicle law offense included in Chapter 20 of the North Carolina General Statutes (G.S. 7B-1501(7)b.1.) and
- any Class A – E felony offense (including any other offense transactionally related to that felony). G.S. 7B-1501(7)b.2..
There is an important distinction between these two categories of cases regarding jurisdiction for transactionally related offenses. Transactionally related offenses are those offenses that occur at the same time or are part of the same scheme or plan as the offense that begins under criminal jurisdiction. Offenses that are transactionally related to the Class A – E felony offense subject to original criminal jurisdiction travel with that Class A – E felony and are also subject to original criminal jurisdiction. However, offenses that are transactionally related to a Chapter 20 motor vehicle offense are not subject to original criminal jurisdiction (unless they fall under the Class A – E felony category). The offenses that are transactionally related to the motor vehicle offense remain subject to original juvenile jurisdiction.
Exclusion from Juvenile Jurisdiction Based on Prior Criminal Conviction
A juvenile who would otherwise be subject to original juvenile jurisdiction based on their age at offense and offense charged (described above) is prohibited from original juvenile jurisdiction for any offense committed after they have been convicted of a crime, other than a Chapter 20 misdemeanor that does not involve impaired driving. G.S. 7B-1604(b). This concept is often referred to as “once an adult, always an adult”. Timing of the conviction and the new offense determine if this bar to juvenile jurisdiction applies. The bar applies only when the new offense is committed after the conviction occurs. Pending criminal matters do not trigger the bar. See the Bulletin for more analysis regarding the interaction between this law and a deferred prosecution, conditional discharge, or prayer for judgement continued.
Exclusion from Juvenile Jurisdiction Based on Emancipation or Armed Forces Membership
Any juvenile who is legally emancipated, married, or a member of the Armed Forces of the United States is also excluded from juvenile jurisdiction regardless of offense charged. G.S. 7B-1501(17), -1604(a).
Limited Juvenile Jurisdiction in Unusual Circumstances
There are limited circumstances in which original juvenile jurisdiction remains when the person being charged was a juvenile at the time of the offense and is older than the maximum age of juvenile jurisdiction. For juvenile jurisdiction to exist, there must be a felony allegation committed at age 13 or older, and either 1) juvenile jurisdiction was obtained but the case was not concluded before the person aged out of juvenile jurisdiction, or 2) juvenile jurisdiction was never obtained. G.S. 7B-1601(c)-(d1). However, the juvenile court can only transfer the matter to superior court for trial as an adult or dismiss the petition. While these cases therefore begin as juvenile matters, the person can only be prosecuted in criminal court.
Offenses Committed Between December 1, 2019, and November 30, 2024
The law described above applies to offenses committed on or after December 1, 2024. Between 2019 and 2024 the law of juvenile jurisdiction changed three times. I explained these changes in a blog titled The Evolving Law of Juvenile Jurisdiction. The new Bulletin includes a description of these changes and a chart that illustrates the applicable law of juvenile jurisdiction based on offense date, age at offense, and offense charged. It is critical to identify the offense date and the age of the juvenile at the time of the offense to correctly identify the applicable law regarding juvenile jurisdiction.
Juvenile Jurisdiction over Parents, Guardians, and Custodians
Establishing Personal Jurisdiction
The Bulletin also details the Juvenile Code provisions that govern the scope of juvenile court jurisdiction over the parent, guardian, or custodian (PGC) of the juvenile. The PGC is a party to the proceeding. The court obtains personal jurisdiction over the PGC through service of the summons. G.S. 7B-1601(g). If personal jurisdiction over the PGC is not established, that person is not subject to the jurisdiction of the juvenile court. An absence of personal jurisdiction over a PGC does not equate to an absence of subject matter jurisdiction in the case. Personal jurisdiction relates only to the juvenile court’s jurisdiction over the person and does not impact subject matter jurisdiction. In re K.J.L., 363 N.C. 343 (2009). A delinquency matter properly within the subject matter jurisdiction of the juvenile court and in which the court has established personal jurisdiction over the juvenile can proceed when personal jurisdiction has not been established over the PGC. If a PGC cannot be found, the juvenile court has the authority to appoint a guardian for the juvenile. G.S. 7B-2001.
Role in the Proceeding
Once personal jurisdiction over the PGC has been obtained, the court has the authority to order the PGC to do a range of things as part of a delinquency proceeding. I detailed that authority in a blog titled Jurisdiction Over Parents in Delinquency Cases When the Juvenile is 18 or Older and in the Bulletin. The Juvenile Code also provides express authority for the PGC to make the following motions in the proceeding:
- to deny, restrict, or defer discovery or inspection (G.S. 7B-2302(a);
- to close the courtroom (G.S. 7B-2402); and
- to request that the court review a decision by DJJ to extend the juvenile’s commitment to DJJ for placement at a Youth Development Center (YDC). G.S. 7B-2515(c).
While the Juvenile Code does not provide other explicit authority for a PGC to make a motion in the proceeding, that person is a party to the proceeding. As such, they are presumably allowed to make other motions except for those the statute expressly limits to certain parties.
The PGC may also have a role in planning, evaluation, and treatment for the juvenile. If the court orders evaluation or treatment of the juvenile, the court must allow the PGC to arrange for the evaluation or treatment. G.S. 7B-2502(b). If that person is unwilling or unable to arrange for the evaluation or treatment, the court is allowed to order it and can order the parent (but not the guardian or custodian) to pay for the cost of care. Id. If the cost cannot be paid by the parent or by DJJ, the court must order the county to arrange and pay for the evaluation or treatment. Id.
A subset of delinquency cases require the convening of a care review team (G.S. 7B-2502(a3)). If a care review team is convened, the PGC must be included as a member of the team. G.S. 7B-2502(a4). The PGC of a juvenile committed to DJJ for placement at a YDC also has a role in service planning at the YDC and on return to the community. They are part of the Service Planning Team that meets monthly to develop, implement, review, and revise the youth’s individualized service plan at the YDC (N.C. Dep’t of Pub. Safety, Juv. Just. & Delinq. Prevention, Multi-Section MS 2: Service Planning for Committed Youth Policy, § 1.8 B). If it is possible, the PGC must also be included in the mandatory post-release supervision planning conference before the juvenile is released from the YDC. G.S. 7B-2514(a)(2).
The Juvenile Code also includes express rights for the PGC in delinquency proceedings. These include the right to
- appeal a final order or an order that transfers jurisdiction from juvenile to superior court (G.S. 7B-2604);
- be heard at various hearings (hearing on need for continued custody (G.S. 7B-1906(d)); remediation review hearing (G.S. 7B-2401.4(g)); and dispositional hearing (G.S. 7B-2413, -2501(b)); and
- access otherwise confidential juvenile court, law enforcement, and DJJ records. G.S. 7B-3000(b)(2), -3001(b)(2), -3001(c)(2).
Legal Representation
There is generally no right to counsel for the PGC who is a party in a delinquency proceeding. As a party, the PGC may retain their own counsel. If a juvenile who has been adjudicated delinquent is placed in department of social services custody as a dispositional alternative, that placement must be regularly reviewed as required by G.S. 7B-906.1. G.S. 7B-2506(1)c. For those dispositional hearings, any indigent parent is entitled to court-appointed counsel. Id.
Access the Bulletin for More
For additional details and more analysis please see the full Delinquency Law: Original Juvenile Jurisdiction and Juvenile Jurisdiction over Parents, Guardians, and Custodians Bulletin.
