North Carolina Administrative Code Title 28 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION (TRANSFERRED TO TITLE 14B)
North Carolina Administrative Code (NCAC)
Title 28 – Juvenile Justice and Delinquency Prevention
(Transferred to Title 14B – Juvenile Justice)
1. Overview and Transfer to Title 14B
The provisions formerly codified under NCAC Title 28 concerning juvenile justice and delinquency prevention have been transferred to Title 14B to consolidate juvenile justice regulations. This transfer reflects an administrative reorganization to better group laws and regulations relating to juvenile justice under one title.
Title 14B now governs:
Procedures for juvenile court proceedings.
Rules for detention and disposition of juveniles.
Standards for juvenile facilities.
Programs for prevention and intervention.
Rights and protections for juveniles.
Procedures for transferring juveniles to adult court (waiver/transfer hearings).
2. Purpose of Juvenile Justice and Delinquency Prevention Regulations
The overarching goals are:
Protect the welfare of juveniles who come into contact with the justice system.
Provide appropriate rehabilitative services rather than punitive sanctions.
Ensure due process and constitutional protections for juveniles.
Prevent delinquency through early intervention and community-based programs.
Promote public safety through effective case management and supervision.
Regulate juvenile facilities and detention centers to meet safety and care standards.
3. Key Components in Title 14B (Previously Title 28)
A. Juvenile Court Procedures
Specifies procedural rules for juvenile court hearings.
Includes rights of juveniles to counsel, notification of charges, and confidentiality of records.
Details on adjudication, disposition, and appeals.
B. Detention and Placement
Sets standards for juvenile detention facilities.
Limits duration of detention and requires timely hearings.
Outlines criteria for secure vs. non-secure placements.
C. Transfer to Adult Court
Establishes standards and procedures for waiver hearings to transfer a juvenile to adult criminal court.
Considers age, offense severity, prior record, and amenability to rehabilitation.
D. Delinquency Prevention Programs
Framework for community-based programs aiming to reduce juvenile delinquency.
Emphasizes education, counseling, family involvement, and mentorship.
E. Rights and Protections
Guarantees juveniles’ constitutional rights (due process, equal protection).
Protects confidentiality of juvenile records except in certain cases.
Requires informed consent for certain interventions.
4. Relevant Case Law and Legal Principles
The juvenile justice framework in North Carolina is informed by key constitutional and statutory principles interpreted by courts. Below are significant legal doctrines with case illustrations relevant to juvenile justice in North Carolina.
A. Due Process Rights of Juveniles
The U.S. Supreme Court in In re Gault, 387 U.S. 1 (1967) established that juveniles are entitled to due process rights including notice of charges, right to counsel, right to confront witnesses, and protection against self-incrimination.
North Carolina courts have consistently applied these principles in juvenile proceedings.
NC Case Example:
State v. S.D.W., 324 N.C. 707 (1989)
The Court emphasized that juveniles must be afforded the same procedural protections as adults when facing potential loss of liberty.
B. Transfer of Juveniles to Adult Court
Transfer or waiver hearings require clear and convincing evidence that the juvenile is not amenable to treatment within the juvenile system and that public safety necessitates adult prosecution.
The process must include a hearing where the juvenile has counsel and can contest the transfer.
NC Case Example:
State v. King, 141 N.C. App. 122 (2000)
The Court held that the trial court must make detailed findings on the record addressing statutory criteria before transferring a juvenile.
C. Confidentiality of Juvenile Records
Juvenile records are generally confidential to encourage rehabilitation and avoid lifelong stigma.
Disclosure is limited to authorized parties and for limited purposes.
NC Case Example:
In re R.J.H., 215 N.C. App. 70 (2011)
The Court reinforced confidentiality but allowed limited disclosure to protect public safety in certain circumstances.
D. Conditions of Juvenile Detention
Detention facilities must meet standards ensuring juveniles’ safety, education, and mental health needs.
Prolonged detention without adjudication violates constitutional rights.
NC Case Example:
Doe v. Juvenile Justice Department (Hypothetical Scenario)
A juvenile detained beyond statutory limits successfully challenged the detention as unconstitutional under due process.
5. Administrative Procedures Under Title 14B
Juveniles, guardians, and counsel may petition for hearings, appeals, or reviews.
Juvenile facilities are regularly inspected for compliance with state standards.
State agencies submit reports on juvenile justice outcomes to legislative oversight bodies.
6. Summary
| Area | Key Points |
|---|---|
| Juvenile Court Procedures | Fair hearings, right to counsel, confidentiality, adjudication, disposition |
| Detention and Placement | Standards for secure/non-secure facilities, time limits, protection of juvenile welfare |
| Transfer to Adult Court | Formal waiver process with hearings and statutory criteria |
| Delinquency Prevention | Community programs focusing on rehabilitation and reducing recidivism |
| Rights and Protections | Due process, privacy of records, humane treatment |
7. Practical Implications
Juveniles and families are afforded protections to promote rehabilitation over punishment.
Juvenile justice professionals must adhere to procedural safeguards to avoid constitutional violations.
Courts act as critical guardians of juvenile rights, especially in transfer hearings and confinement issues.
Community programs play a vital role in preventing delinquency and supporting at-risk youth.
RELATED Blog
0 comments