7B-404. Immediate need for petition when clerk's office is closed.
(a) When the office of the clerk is closed, a magistrate shall accept for filing the following:
(1) A petition alleging a juvenile to be abused, neglected, or dependent.
(2) A petition alleging the obstruction of or interference with an assessment required by G.S. 7B-302.
(b) The authority of the magistrate under this section is limited to emergency situations when a petition must be filed to obtain a nonsecure custody order or an order under G.S. 7B-303. Any petition accepted for filing under this section shall be delivered to the clerk's office for processing as soon as that office is open for business. (1979, c. 815, s. 1; 1987, c. 409, s. 3; 1998-202, s. 6; 1999-456, s. 60; 2005-55, s. 10; 2017-161, s. 2.)
Structure North Carolina General Statutes
North Carolina General Statutes
§ 7B-401 - Pleading and process.
§ 7B-403 - Receipt of reports; filing of petition.
§ 7B-404 - Immediate need for petition when clerk's office is closed.
§ 7B-405 - Commencement of action.
§ 7B-406 - Issuance of summons.
§ 7B-407 - Service of summons.
§ 7B-408 - Copy of petition and notices to guardian ad litem.