Authority to issue custody orders; delegation

Authority to issue custody orders; delegation. (a) In the case of any juvenile alleged to be within the jurisdiction of the court, the court may order that the juvenile be placed in nonsecure custody pursuant to criteria set out in G.S. 7B-503 when custody of the juvenile is necessary. The order for nonsecure custody may be entered ex parte. Unless the petition is being filed pursuant to G.S. 7B-404, telephonic communication that the department will be seeking nonsecure custody shall be given to counsel, or if unavailable, to a partner or employee at the attorney's office when any of the following occur: (1) The department has received written notification that a respondent has counsel for the juvenile matter. (2) The respondent is represented by counsel in a juvenile proceeding within the same county involving another juvenile of the respondent. Notice is not required to provisional counsel appointed pursuant to G.S. 7B-602. (b) Any district court judge shall have the authority to issue nonsecure custody orders pursuant to G.S. 7B-503, once the action is commenced with the filing of a juvenile petition under G.S. 7B-405. The chief district court judge may delegate the court's authority to any magistrate by administrative order which shall be filed in the office of the clerk of superior court. Each county shall have available at all times a judge or delegated magistrate with whom the department may request nonsecure custody of a juvenile or juveniles. (1979, c. 815, s. 1; 1981, c. 425; 1983, c. 590, s. 1; 1998-202, s. 6; 1999-456, s. 60; 2015-136, s. 3; 2025-16, s. 1.6(a).)