Order On Need For Continued Nonsecure Custody Form. This is a North Carolina form and can be use in Juvenile Statewide.
Tags: Order On Need For Continued Nonsecure Custody, J-151, North Carolina Statewide, Juvenile
COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : STATE OF NORTH CAROLINA : County Calendar The General Court Of Justice In No. District Court Division Plaintiff(s) IN THE MATTER OF: Name Of Juvenile File No. Index No. -against- : JUDICIAL SUBPOENA ORDER ON NEED FOR : CONTINUED NONSECURE CUSTODY (ABUSE/NEGLECT/DEPENDENCY) : G.S. 7B-506 This matter is properly before the Court for a hearing, under G.S. 7B-506, to determine the need for the continued nonsecure custody of : the juvenile named above. This Court has jurisdiction over the subject matter of this proceeding and of the person of the juvenile. A Petition was filed and an Order For Nonsecure Custody was entered, as the record shows. Present were: Defendant(s) : . . . . .NAME . . . . . . . . . . . . . .RELATIONSHIP .OR TITLE . . . . . . . . . . . . . . NAME .... .......... ...... RELATIONSHIP OR TITLE THE PEOPLE OF THE STATE OF NEW YORK TO FINDINGS The Court makes the following findings of fact based on clear and convincing evidence: (attach additional page(s) if necessary) 1. One or both of the juvenile's parents are absent and have not been served. Related facts, including efforts undertaken to identify and/or locate and serve the missing parent(s), include: GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before 2. A relative of the juvenile, (name of relative), is willing and able to provide proper the Honorable at the Court would care and supervision in a safe home, and placement of the juvenile with this relative would not be in the County of interest for the following located at juvenile's best reasons: in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the 3. There are other juvenile(s) remaining in the home (give names and ages) Specific findings of the DSS investigation regarding the child(ren) and actionsa contempt of court and willthe child(ren)'s Your failure to comply with this subpoena is punishable as taken or services provided for make you liable to protection include: the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. 4. a. Efforts by DSS to prevent or eliminate the need for the juvenile's placement include: Court in Witness, Honorable County, , one of the Justices of the day of , 20 (Attorney must sign above and type harm to the b. Efforts to prevent the need for the juvenile's placement were precluded by an immediate threat of name below) juvenile, and placement of the juvenile in the absence of such efforts was reasonable. is is not a reasonable factual basis to believe that the matters alleged in the petition are true, and: 5. There a. the juvenile has been abandoned. Attorney(s) for b. the juvenile has suffered physical injury or sexual abuse. c. the juvenile is exposed to a substantial risk of physical injury or abuse because the parent, guardian, custodian, or caretaker has created conditions likely to cause injury or abuse or has failed to provide or is unable to provide adequate supervision or protection. d. the juvenile is in need of medical treatment to cure, alleviate or prevent suffering orAddress Office and P.O. serious physical harm which may result in death, disfigurement or substantial impairment of bodily functions, and the juvenile's parent, guardian, custodian or caretaker is unwilling or unable to provide or consent to the treatment. e. the parent, guardian, custodian or caretaker consents to a nonsecure custody order. f. the juvenile is a runaway and consents to nonsecure custody. Telephone No.: Facsimile means 6. There is is not a reasonable factual basis to believe that no reasonable No.: other than nonsecure custody are available to protect the juvenile. E-Mail Address: AOC-J-151, Rev. 4/06 © 2006 Administrative Office of the Courts (Over) Mobile Tel. No.: American LegalNet, Inc. www.FormsWorkflow.com , COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : 7. Efforts undertaken to establish paternity, if at issue in this case, include: Index No. : : 8. Other Findings: Plaintiff(s) -against- Calendar No. JUDICIAL SUBPOENA : CONCLUSIONS OF LAW Based on the above findings of fact, the Court concludes as a matter of law that: : 1. Grounds for continued nonsecure custody under G.S. 7B-503 and G.S. 7B-506 do do not exist. 2. The Department of Social Services: : a. has made reasonable efforts to prevent and/or eliminate the need for the juvenile's placement. b. has not made reasonable efforts to prevent and/or eliminate the need for the juvenile's placement. Defendant(s) : . . c.. was precluded, by .an.immediate.threat . . harm . . the.juvenile, . . . . making efforts to prevent and/or eliminate the need for . . . . . . . . . . . . . . . . . . . . . . . . . . of . . . . to . . . . . . . . from . the juvenile's placement. 3. The best interests of the juvenile would be served by continuing the juvenile in the custody of DSS pending a further hearing. 4. Other: THE PEOPLE OF THE STATE OF NEW YORK . TO ORDER The Court orders that: 1. Pending further hearings, the juvenile: a. shall remain or be placed in the nonsecure custody of: GREETINGS: the petitioner. Other (name person) for the purposes stated herein, subject to the following conditions: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed . or adjourned date, to testify and give evidence as a witness in this action on the part of the . b. shall be returned to the custody of (name person) 2. Pending further hearings, the petitioner shall: a. make the following efforts to identify and/or locate and serve the missing parent(s): Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as .a result of your failurefor the following services aimed at eliminating the need for the juvenile's placement or at facilitating the b. provide or arrange to comply. juvenile's placement with a relative: Court in 3. Witness, Honorable County, , one of the Justices of the day of , 20 a. With the consent of all parties, further hearings to determine the need for continued nonsecure custody pending the hearing on the petition are waived. b. A further hearing to determine the need for continued nonsecure custody shall besign above and type name below) (Attorney must held: Date of Hearing Time Of Hearing Place of Hearing AM PM 4. The Department Of Social Services is authorized to arrange and consent to: Attorney(s) for a. any medical, surgical, remedial, educational, psychological, psychiatric testing, treatment, or evaluation the Department finds to be appropriate for the juvenile. b. only the following types of testing, treatment, or evaluation: 5. Other: Office and P.O. Address Date Name Of Judge (Type Or Print) AOC-J-151, Side Two, Rev. 4/06 © 2006 Administrative Office of the Courts Telephone No.: Facsimile No.: Signature E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.FormsWorkflow.com