N.C. Gen. Stat. § 7B-404
Immediate need for petition when clerk's office is closed
North Carolina · North Carolina General Statutes Chapter 7B — Chapter 7B. · Status: effective
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- N.C. Gen. Stat. § 7B-404, Immediate need for petition when clerk's office is closed, North Carolina, version 1 as recorded 2026-08-18, yourstate.us, https://yourstate.us/provision/1306267
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Full text
Immediate need for petition when clerk's office is closed.
(a) When the office of the clerk is closed, a magistrate shall accept for filing the following:
(1) A petition alleging a juvenile to be abused, neglected, or dependent.
(2) A petition alleging the obstruction of or interference with an assessment required by G.S. 7B-302.
(b) The authority of the magistrate under this section is limited to emergency situations when a petition must be filed to obtain a nonsecure custody order or an order under G.S. 7B-303. Any nonsecure custody order or order under G.S. 7B-303 that is approved pursuant to G.S. 7B-502 when the office of the clerk is closed shall be effective and enforceable after the order is signed by a judicial official. Any petition accepted for filing under this section shall be delivered to the clerk's office for processing as soon as that office is open for business. (1979, c. 815, s. 1; 1987, c. 409, s. 3; 1998-202, s. 6; 1999-456, s. 60; 2005-55, s. 10; 2017-161, s. 2; 2025-16, s. 1.6(c).)