Order For Secure Custody Undisciplined Delinquent Form. This is a North Carolina form and can be use in Juvenile Statewide.
Tags: Order For Secure Custody Undisciplined Delinquent, J-440, North Carolina Statewide, Juvenile
File No. (TYPE OR PRINT IN BLACK INK) STATE OF NORTH CAROLINA In The General Court Of Justice District Court Division County IN THE MATTER OF: ORDER FOR SECURE CUSTODY/DETENTION Name And Address Of Juvenile (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] Juvenile's Date Of Birth Age Race DISPOSITION Sex [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 juvenile's 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 juvenile's need for medical or psychiatric treatment or to facilitate reunion with the juvenile's 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. i. The juvenile has demonstrated that the juvenile is a danger to persons and is charged with a violation of G.S. 20-138.1 or 20-138.3. 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 juvenile's 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. 6/08 (Replaces J-400) © 2008 Administrative Office of the Courts American LegalNet, Inc. www.FormsWorkflow.com 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. The court has entered an order based on direct contempt by the juvenile pursuant to G.S. 5A-32(e). (NOTE: Detention may not exceed five (5) days.) OTHER FINDINGS Date Signature Of Judge/Judge's Designee Judge Judge's Designee Maximum Duration Of Custody Name Of Judge/Judge's Designee (Type Or Print) If the person above gives telephonic approval: Time Name And Title Of Person Receiving Telephonic Approval AM Signature Of Person Receiving Telephonic Approval PM RETURN ON ORDER Date Order Received 1. The juvenile named above was taken into custody at and released to (name detention facility or other) at AM PM, on (date) Date Order Returned AM PM, on , . 2. Though diligently sought, the juvenile named above could not be found in this county. (Add any comments or information about the juvenile's 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. 6/08 (Replaces J-400) © 2008 Administrative Office of the Courts American LegalNet, Inc. www.FormsWorkflow.com