§ 7B-503. Criteria for nonsecure custody.
§ 7B‑503. Criteria fornonsecure custody.
(a) When a request ismade for nonsecure custody, the court shall first consider release of thejuvenile to the juvenile's parent, relative, guardian, custodian, or otherresponsible adult. An order for nonsecure custody shall be made only when thereis a reasonable factual basis to believe the matters alleged in the petitionare true, and
(1) The juvenile hasbeen abandoned; or
(2) The juvenile hassuffered physical injury or sexual abuse; or
(3) The juvenile is exposedto a substantial risk of physical injury or sexual abuse because the parent,guardian, custodian, or caretaker has created the conditions likely to causeinjury or abuse or has failed to provide, or is unable to provide, adequatesupervision or protection; or
(4) The juvenile is inneed of medical treatment to cure, alleviate, or prevent suffering seriousphysical harm which may result in death, disfigurement, or substantialimpairment of bodily functions, and the juvenile's parent, guardian, custodian,or caretaker is unwilling or unable to provide or consent to the medicaltreatment; or
(5) The parent,guardian, custodian, or caretaker consents to the nonsecure custody order; or
(6) The juvenile is arunaway and consents to nonsecure custody.
A juvenile alleged to be abused,neglected, or dependent shall be placed in nonsecure custody only when there isa reasonable factual basis to believe that there are no other reasonable meansavailable to protect the juvenile. In no case shall a juvenile alleged to beabused, neglected, or dependent be placed in secure custody.
(b) Whenever a petitionis filed under G.S. 7B‑302(d1), the court shall rule on the petitionprior to returning the child to a home where the alleged abuser or abusers areor have been present. If the court finds that the alleged abuser or abusershave a history of violent behavior against people, the court shall order thealleged abuser or abusers to submit to a complete mental health evaluation by alicensed psychologist or psychiatrist. The court may order the alleged abuseror abusers to pay the cost of any mental health evaluation required under thissection. (1979, c. 815, s. 1; 1981, c. 426, ss. 1‑4; c.526; 1983, c. 590, ss. 2‑6; 1987, c. 101; 1987 (Reg. Sess., 1988), c.1090, s. 3; 1989, c. 550; 1998‑202, s. 6; 1999‑318, s. 4; 1999‑456,s. 60.)