GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 950

Short Title:  Juvenile Hearing Officers.	(Public)

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Sponsors: Senator Gulley.

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Referred to:  Judiciary.

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April 17, 1997

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR JUVENILE COURT HEARING OFFICERS IN ABUSE, NEGLECT, AND DEPENDENCY CASES.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 7A of the General Statutes is amended by adding a new Article to read:
"ARTICLE 59.
"Hearing Officers for Abuse, Neglect, and Dependency Cases.
"§ 7A-745.  Authorization and Designation of Hearing Officers.
(a)	Authorization and Designation of Hearing Officers. –  One or more juvenile court hearing officers may be designated in a county or district court district when the chief district judge in the district and the Director of the Administrative Office of the Courts determine by agreement that the use of one or more hearing officers in abuse, neglect, and dependency cases would improve the administration of justice in those cases in the county or district and that sufficient resources exist for the designation of one or more hearing officers.  The determination may be made as to an entire district court district or as to one or more counties within a multicounty district.  The Director of the Administrative Office of the Courts shall notify the chief district court judge and the clerk or clerks of superior court in affected counties in writing that the designation of a juvenile court hearing officer or officers is authorized and of the effective date of the authorization.
(b)	Hearing Officer to Be Magistrate or Clerk. – The determination of whether a juvenile court hearing officer or officers for a county shall be one or more clerks or one or more magistrates shall be made by agreement of the chief district judge, the Director of the Administrative Office of the Courts, and the clerk of superior court in an affected county.  If agreement has not been reached within 15 days after the Director of the Administrative Office of the Courts gives the written notice required by subsection (a) of this section, the Director of the Administrative Office of the Courts shall make the decision.
(c)	Designation of Hearing Officer. – If a hearing officer for a county is to be a magistrate, the chief district judge, the clerk of superior court, and the Director of the Administrative Office of the Courts shall ensure any designee's qualification for the position.  If a hearing officer for a county is to be the clerk or an assistant clerk, the clerk of superior court in the county shall designate the person to serve as hearing officer, and the chief district judge, the clerk of superior court, and the Director of the Administrative Office of the Courts shall ensure that person's qualification for the position.
"§ 7A-746.  Authority and duties of a juvenile court hearing officer.
A juvenile court hearing officer who is qualified properly and designated under this Article has the following authority and responsibilities in relation to nonsecure custody hearings pursuant to G.S. 7A-577 in abuse, neglect, and dependency cases:
(1)	To conduct hearings and to ensure that the parties' due process rights are protected;
(2)	To take testimony and establish a record;
(3)	To evaluate evidence and make decisions regarding the need for and the legal basis for continued nonsecure custody;
(4)	To accept stipulations and approve consent orders relating to nonsecure custody;
(5)	Except as provided otherwise in this Article, to enter orders pursuant to G.S. 7A-577 with the same scope and effect as orders entered by a judge;
(6)	To enter temporary child support orders in the context of a hearing pursuant to G.S. 7A-577; and
(7)	To subpoena witnesses and documents.
In addition, a juvenile court hearing officer shall have any other authority and responsibilities assigned to the hearing officer by properly adopted court rules or by rules issued by the Administrative Office of the Courts; provided, only a judge may conduct adjudication, disposition, and review hearings in abuse, neglect, and dependency cases.
"§ 7A-747.  Procedures in districts or counties with hearing officers.
(a)	Scheduling of Cases. – The procedures of this section shall apply to all abuse, neglect, and dependency cases in any district court district or county in which one or more juvenile court hearing officers have been designated.  All hearings pursuant to G.S. 7A-577 shall be scheduled for hearing before a juvenile court hearing officer.  The first such hearing shall be scheduled for the first business day after the juvenile is taken into custody.
(b)	Place of Hearing. – A hearing before a juvenile court hearing officer is not required to take place in a courtroom, but shall be conducted in an appropriate judicial setting.
(c)	Hearing Procedures. – Except as provided otherwise in this Article, the hearing officer shall receive evidence and testimony, determine the need for and the legal basis for continued nonsecure custody, and enter an appropriate order based on the evidence and the juvenile laws of the State.  All parties shall be provided with a copy of the order.
(d)	Record of Proceeding. – The record of a proceeding before a juvenile court hearing officer shall consist of the pleadings filed, documentation of proper service or notice or waiver, and a copy of the hearing officer's order.  No verbatim recording or transcript shall be required or provided at State expense.
(e)	Transfer to District Court Judge. – Upon the hearing officer's own motion or upon motion of any party, the hearing officer may transfer a case for hearing before a district court judge:
(1)	When the case involves a conflict of interest for the hearing officer or unusually complex or difficult issues, or
(2)	For any other good cause.
The chief district court judge shall establish a procedure for transferred cases to be given priority for hearing before a district court judge.  The nonsecure custody order shall remain in effect pending the hearing before a judge.
"§ 7A-748.  Enforcement authority of juvenile court hearing officer; contempt.
When a case is before a juvenile court hearing officer, the hearing officer has the same authority that a district court judge would have, except in matters of contempt.  Orders that commit a person to jail for civil or criminal contempt for failure to comply with a court order may be entered only by a judge.  When it appears to a hearing officer that there is probable cause for finding a person in contempt and that no other enforcement remedy is available or would be effective, the hearing officer shall enter an order finding probable cause and referring the case for hearing before a district court judge.  If proof of compliance is made to the hearing officer within a time specified in the order, the hearing officer may cancel the referral of the contempt matter to the judge.  Except as specifically limited by this section, a clerk or magistrate acting as a juvenile court hearing officer retains all of the contempt powers the clerk or magistrate has otherwise by virtue of being a clerk or magistrate.
"§ 7A-749.  Qualifications of juvenile court hearing officer.
(a)	Qualifications. – A clerk or assistant clerk of superior court or a magistrate, to be designated and to serve as a juvenile court hearing officer, shall satisfy each of the following qualifications:
(1)	Be an attorney licensed to practice law in the State of North Carolina;
(2)	Be qualified by training, experience, and temperament to be effective in relating to parties in abuse, neglect, and dependency cases and in conducting hearings fairly and efficiently;
(3)	Be certified by the Administrative Office of the Courts as having completed the training required by subsection (b) of this section; and
(4)	Have five years of experience as clerk or assistant clerk of superior court or magistrate or five years of experience working in the field of juvenile law or a related field.
(b)	Training Required. – Before a clerk or assistant clerk or a magistrate may conduct hearings as a juvenile court hearing officer the clerk or assistant clerk or magistrate shall complete satisfactorily a course of instruction in the conduct of juvenile hearings established by the Administrative Office of the Courts.  The Administrative Office of the Courts shall establish a course in the conduct of juvenile hearings, may contract with qualified educational organizations to conduct the course of instruction, and shall reimburse the clerks or magistrates attending for travel and subsistence incurred in taking the training required under this subsection."
Section 2.  Article 16 of  Chapter 7A of the General Statutes is amended by adding a new section to read:
"§ 7A-179.  Magistrate as juvenile court hearing officer.
A magistrate who meets the qualifications of G.S. 7A-749 and is designated pursuant to Article 59 of Chapter 7A of the General Statutes to serve as a juvenile court hearing officer, may serve in that capacity and has the authority and responsibility assigned to juvenile court hearing officers by Chapter 7A of the General Statutes."
Section 3. Article 17 of Chapter 7A of the General Statutes is amended by adding a new section to read:
"§ 7A-184.  Clerk or assistant clerk as juvenile court hearing officer.
A clerk or assistant clerk of superior court who meets the qualifications of G.S. 7A-749 and is designated pursuant to Article 59 of Chapter 7A of the General Statutes to serve as a juvenile court hearing officer, may serve in that capacity and has the authority and responsibility assigned to juvenile court hearing officers by Chapter 7A of the General Statutes."
Section 4.  G.S. 7A-517 is amended by adding a new subdivision to read:
"(15b)	'Hearing officer' or 'juvenile court hearing officer' means a clerk or assistant clerk of superior court or a magistrate who has been designated pursuant to Article 59 of this Chapter to conduct hearings and enter orders pursuant to G.S. 7A-577 in abuse, neglect, and dependency cases."
Section 5.  This act becomes effective October 1, 1997.