Access to Juvenile Courts

State-by-state guide:

North Carolina

N.C. Gen. Stat. § 7A-629 (1999) — [repealed July 1, 1999]: The judge can exclude the public from hearings unless the juvenile asks for the hearing to be open.

N.C. Gen. Stat. § 7B-801 (1999) — [effective July 1, 1999]: With regard to abuse, neglect and dependency hearings, the court in its discretion shall determine whether the hearing or any part of the hearing shall be closed to the public. In determining whether to close the hearing or any part of the hearing, the court must consider the nature of the allegations, the age and maturity of the juvenile, the benefit to the juvenile of confidentiality, and the benefit to the juvenile of an open hearing. No hearing or part of a hearing shall be closed by the court if the juvenile requests that it remain open.

N.C. Gen. Stat. § 7B-2402 (1999) — [effective July 1, 1999]: With regard to delinquency hearings, all hearings are open to the public unless the court closes the hearing or part of the hearing for good cause, upon motion of a party or its own motion. If the court closes the hearing or part of the hearing to the public, the court may allow any victim, member of a victim’s family, law enforcement officer, witness or any other person directly involved in the hearing to be present at the hearing. In determining good cause to close a hearing or part of a hearing, the court must consider: the nature of the allegations against the juvenile, the age and maturity of the juvenile, the benefit to the juvenile of confidentiality, the benefit to the public of an open hearing; and the extent to which the confidentiality of the juvenile’s file will be compromised by an open hearing. No hearing or part of a hearing shall be closed by the court if the juvenile requests that it remain open.

N.C. Gen. Stat. § 7A-675 (1999) — [repealed July 1, 1999]: Juvenile records cannot be inspected by the public unless pursuant to a judicial order. Disclosure of information concerning any juvenile under investigation that would reveal the identity of that juvenile is prohibited except that publication of pictures of runaways is permitted with the permission of the parents.

N.C. Gen. Stat. § 7B-2901 (1999) — [effective July 1, 1999]: The clerk shall maintain a complete record of all juvenile cases filed in the clerk’s office alleging abuse, neglect, or dependency. The records shall be withheld from public inspection and, except as provided in this subsection, may be examined only by order of the court. The record shall include the summons, petition, custody order, court order, written motions, the electronic or mechanical recording of the hearing, and other papers filed in the proceeding. After the time for appeal has expired with no appeal having been filed, the recording of the hearing may be erased or destroyed upon the written order of the court. In addition, family background information, reports of social, medical, psychiatric, or psychological information concerning a juvenile or the juvenile’s family and interviews with the juvenile’s family are protected from public inspection if it is in the best interests of the juvenile. Finally, the court’s entire record of a proceeding involving consent for an abortion on an unemancipated minor must be withheld from public inspection, and may be examined only by order of the court.

N.C. Gen. Stat. § 7B-3000 (1999) — [effective July 1, 1999]: With regard to delinquency cases, all juvenile records shall be withheld from public inspection and may be examined only by order of the court. The court may direct the clerk to "seal" any portion of a juvenile’s record. The clerk shall secure any sealed portion of a juvenile’s record in an envelope clearly marked "SEALED: MAY BE EXAMINED ONLY BY ORDER OF THE COURT," or with similar notice, and shall permit examination or copying of sealed portions of a juvenile’s record only pursuant to a court order specifically authorizing inspection or copying.

N.C. Gen. Stat. § 7B-3001 (1999) — [effective July 1, 1999]: The court counselor’s records, which include family background information; reports of social, medical, psychiatric, or psychological information concerning a juvenile or the juvenile’s family; probation reports; interviews with the juvenile’s family, are unavailable to the public unless the court finds that inspection would be in the best interests of the juvenile.

N.C. Gen. Stat. § 7B-3100 (1999) — [effective July 1, 1999]: Disclosure of information concerning any juvenile under investigation that would reveal the identity of that juvenile is prohibited except that publication of pictures of runaways is permitted with the permission of the parents.

Confidentiality: The right to print identity and photograph of a juvenile charged with arson and murder is not outweighed by the minor’s interest in confidentiality when that information is lawfully obtained. A Minor Charged in this Proceeding ex rel. Mitchell v. Fayetteville Observer Times, N.C. Dist. Ct. Cumberland County Feb. 27, 1995), vacated in part, No. 90P95 (N.C. March 2, 1995), stay denied, No. A-653 (Rehnquist, Circuit Justice March 10, 1995).


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