juveniles

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BIG NEWS: S.L. 2019-245 Creates a New Universal Mandated Reporting Law for Child Victims of Crimes and Changes the Definition of “Caretaker”

[Editor’s note: Because the information in this post cuts across multiple subject areas, the post will appear on several School of Government blogs.]

An Act to Protect Children from Sexual Abuse and to Strengthen and Modernize Sexual Assault Laws, S.L. 2019-245 (S199) enacts and amends various laws related to crimes;* amends some civil and criminal statutes of limitations; requires mandatory training for school personnel addressing child sex abuse and trafficking; amends the definition of “caretaker” as it relates to child abuse, neglect, or dependency; and creates a new universal mandatory reporting law for child victims of certain crimes.

This post discusses

  • the amendment to the definition of caretaker and
  • the new mandatory reporting law, which requires any adult to make a report to law enforcement when a juvenile is a victim of certain crimes.

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When Does Delinquency Result in Abuse, Neglect, or Dependency?

A juvenile may be involved with both the juvenile justice and child welfare systems. These youth are sometimes referred to as “dual jurisdiction” or “crossover youth.” Two of the ways a juvenile in North Carolina may be involved with both systems is when the juvenile is the subject of a delinquency action, and

(1) in that action, the court orders the juvenile placed in DSS custody or guardianship (G.S. 7B-1902‒1907; -2506(1)c.; -2001); and/or

(2) there is also cause to suspect that the juvenile is abused, neglected, or dependent, which if substantiated by a county child welfare agency (hereinafter “DSS”) may result in a separate abuse, neglect, or dependency action that the juvenile is the subject of.

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North Carolina Court of Appeals Finds That Erroneous Completion of Juvenile Waiver of Rights Form Did Not Bar Admissibility of Confession

Last week, the North Carolina Court of Appeals in State v. Watson (October 18, 2016) ruled that an officer’s erroneous completion of a juvenile waiver of rights form did not bar the admissibility of the juvenile’s confession. This post will discuss North Carolina statutory law concerning juvenile warnings and rights and the Watson ruling.

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Teen “Sexting” Is a Problem, But Is It a Crime?

Last week, a local news outlet reported that the 17-year-old quarterback of a Cumberland County high school was benched when school officials learned he was under investigation for allegedly sending “sexually explicit” photos of himself to his 16-year-old girlfriend. According to the report, officers took the teenager’s phone while investigating another incident and discovered photos of himself and his girlfriend on the phone. Now, both the teenager and his girlfriend are facing charges for “sexting” in what appears to have been a consensual exchange of nude photos between two teens in a dating relationship. Judging by the string of harsh comments to this report (which use various derogatory words to describe the charges), many people are outraged that such behavior, while improper, is a crime. Instead, they suggest that the behavior is a discipline issue that should be privately addressed by parents at home. In response to these concerns, this post examines the criminal laws in NC that possibly cover sexting and discusses their application to minors.

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Juvenile Code Reform Legislation (HB 879) Becomes Effective December 1, 2015

In a prior post, I wrote about SB 331, which proposed several changes to the delinquency subchapter of the Juvenile Code. That bill didn’t make it. Instead, it became HB 879 (enacted as S.L. 2015-58), which includes several new laws intended to either increase due process protections for juveniles, reduce further entry of juveniles in the delinquency system, or reduce juvenile confinement. Although it’s similar to the prior Senate bill, there are some important differences that you should know about before the new laws become effective on December 1, 2015. One of these laws involves a juvenile age increase, although it’s not quite the change for which “raise the age” advocates were lobbying.

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Reducing Charges in Juvenile Court

Many juvenile cases are resolved through admissions (known as guilty pleas in criminal court), often with the prosecutor’s agreement to reduce the charge. Sometimes, the reduced charge is a lesser-included offense of the original offense charged in the petition, such as changing common law robbery to misdemeanor larceny. See State v. White, 142 N.C. App. 201, 204 (2001). But, often, a reduced charge is not a lesser-included offense, like changing sexual battery to simple assault. See State v. Corbett, 196 N.C. App. 508, 511 (2009). The question then becomes: How can the State proceed on a different offense than the one charged in the petition? Can the prosecutor prepare a misdemeanor statement of charges as in criminal court? Or, is a new petition required? Here are the answers.

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Victim Rights in Juvenile Court

[Editor’s note: We’re excited to welcome our new colleague LaToya Powell to the blog. LaToya’s work at the School of Government focuses on juvenile justice, especially the law of juvenile delinquency. Because of the close relationship between juvenile law and criminal law, we hope she will write for the blog from time to time.] Recently, … Read more