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Order For Secure Custody Undisciplined Delinquent J-440 - North Carolina
| Order For Secure Custody Undisciplined Delinquent Form. This is a North Carolina form and can be used in Juvenile Statewide . |
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File No. (TYPE OR PRINT IN BLACK INK) STATE OF NORTH CAROLINA In The General Court Of Justice County District Court Division IN THE MATTER OF: Name And Address Of Juvenile ORDER FOR SECURE CUSTODY/DETENTION (UNDISCIPLINED/DELINQUENT) PRE-ADJUDICATION [G.S. 7B-1902, -1903(b),(e), -1904, -1905, -1906, -1907] PENDING DISPOSITION [G.S. 7B-1902, -1903(c),(d),(e), -1904, -1905, -1907]Juveniles Date Of Birth Age Race Sex DISPOSITION [G.S. 7B-2505, -2506(12), (20), -2508, -2510(e)Name And Address Name And Address Parent Guardian Custodian Parent Guardian Custodian TO ANY LAW ENFORCEMENT OFFICER OR OTHER AUTHORIZED PERSON YOU ARE ORDERED to assume immediate physical custody of the above named juvenile and, in accordance with G.S. 7B-1903(e) and 7B-1904, take the juvenile to an approved detention facility designated by the Department of Juvenile Justice and Delinquency Prevention and make due return on this Order. You are also ordered to give a copy of this Order to the juveniles parent, guardian or custodian named above. As grounds for the issuance of this Order, the Court finds that: 1. There is a factual basis to believe that the juvenile committed the offense alleged in the petition, and that the following circumstances exist: a. The juvenile is alleged to be undisciplined by virtue of being a runaway and is inappropriate for nonsecure custody or refuses nonsecure custody, and the juvenile needs secure custody to evaluate the juveniles need for medical or psychiatric treatment or to facilitate reunion with the juveniles parents, guardian, or custodian. b. The juvenile is alleged to be undisciplined and has willfully failed to appear in court after proper notice. c. The juvenile is charged with a felony and has demonstrated that he or she is a danger to property or persons. d. The juvenile has demonstrated that the juvenile is a danger to persons and is charged with either (i)a misdemeanor at least one element of which is assault on a person or (ii)a misdemeanor in which the juvenile used, threatened to use, or displayed a firearm or other deadly weapon. e. The juvenile has willfully failed to appear on a pending delinquency charge or on charges of a violation of probation or post-release supervision and the juvenile was properly notified. f. A delinquency charge is pending against the juvenile and there is reasonable cause to believe the juvenile will not appear in court. g. The juvenile is an absconder from a residential facility operated by the Department of Juvenile Justice and Delinquency Prevention or any detention facility in this state or a comparable facility in another state. h. There is reasonable cause to believe the juvenile should be detained for his or her own protection because the juvenile has recently suffered or attempted self-inflicted physical injury, and the juvenile has been refused admission by at least one appropriate hospital. 2. The juvenile has been adjudicated delinquent and the juvenile should be in secure custody pending the dispositional hearing or pending placement pursuant to G.S. 7B-2506. 3. The juvenile is alleged to have violated the conditions of the juveniles probation or post-release supervision, and is alleged to have committed acts that damaged property or injured persons. 4. The juvenile has been adjudicated undisciplined and is in contempt of court for willfully failing to comply with an order of the court. (Over) AOC-J-440, Rev. 3/05 (Replaces J-400) 2005 Administrative Office of the Courts <<<<<<<<<********>>>>>>>>>>>>> 2 5. A Level 1 Disposition has been entered ordering intermittent confinement of not more than five 24-hour periods. 6. A Level 2 Disposition has been entered ordering that the juvenile be confined for up to fourteen 24-hour periods. 7. The juvenile has been found by the court to be in violation of probation and as part of a new disposition the court orders intermittent confinement for up to , which is up to twice the time authorized by G.S. 7B-2506 and -2508. [G.S. 7B -2510(e)] 8. Other: Date Signature Of Judge/Judges Designee Judge Judges DesigneeMaximum Duration Of Custody Name Of Judge/Judges Designee (Type Or Print) If the person above gives telephonic approval: Time Name And Title Of Person Receiving Telephonic ApprovalSignature Of Person Receiving Telephonic Approval AM PM RETURN ON ORDER Date Order Received Date Order Returned 1. The juvenile named above was taken into custody at AM PM, on , and released to (name detention facility or other at AM PM, on (date) . 2. Though diligently sought, the juvenile named above could not be found in this county. (Add any comments or information about the juveniles possible whereabouts.) Name Of Person To Whom Copy Given Signature And Title Of Person Making Return Relationship To Juvenile Department Or Agency AOC-J-440, Side Two, Rev. 3/05 (Replaces J-400) 2005 Administrative Office of the Courts
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