The People Defined: Juvenile, Parent, Guardian, Custodian ...

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The People Defined:
Juvenile, Parent, Guardian,
Custodian, and Caretaker

Which Children Are Covered? The second way a minor may become
emancipated is by bringing an action
The reporting law applies to all juveniles. in juvenile (district) court for a decree
of emancipation.3 Only sixteen- and
For purposes of the reporting law, a seventeen-year-olds may petition for
emancipation. A judge may grant an
“juvenile” is a minor—anyone under the emancipation petition only after (1) the
minor’s parents are given notice, (2) a
age of eighteen—who is not married, court hearing is held at which the judge
emancipated, or in the armed services.1 In makes extensive inquiries about the
minor’s circumstances, and (3) the judge
this book, the term “child” is used concludes that emancipation is in the
minor’s best interest. This procedure and
interchangeably with “juvenile.” marriage are the exclusive means of
emancipation in North Carolina.
An “emancipated minor” is someone
The reporting law, therefore, covers
under the age of eighteen who has been all unmarried children under the age of
eighteen except those in the armed services
released legally from parental control or with a legal decree of emancipation.
The law applies to these juveniles even if
and who has many of the same rights they

as an adult. In North Carolina a minor I live independently away from home,
I are treated by their parents as if they
may become emancipated in two ways.
were emancipated,
First, a minor is emancipated auto- I declare themselves emancipated

matically if he or she marries. A minor without having a court order, or
I have given birth to or fathered
may marry in this state, however, only if
children.
I he or she is at least sixteen and has
the written consent of (i) a parent
who has full or joint legal custody of
the minor or (ii) a person, agency, or
institution that has legal custody of
the minor or is serving as the minor’s
guardian; or

I the minor is fourteen or fifteen
years of age, the minor and the
person he or she plans to marry are
the parents of a child, whether born
or unborn, and the minor has filed
a civil court action and obtained
a court order authorizing the
marriage.2

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Whose Conduct Is Covered? volunteer of a division, institution, or
The Juvenile Code defines abused, school operated by the state Department
neglected, and dependent juveniles in of Health and Human Services.
terms of the effect on children of the
conduct or caretaking abilities of parents, Because a person, in order to be a
guardians, custodians, or caretakers. caretaker, must be caring for a child “in a
residential setting,” the definition does not
A “parent,” although the Code does not cover schoolteachers, coaches, club leaders,
define the term, may be a child’s biological and others with similar temporary care-
or adoptive parent, a person who is legally taking responsibility for children. If
presumed to be a child’s parent, or a someone suspects that one of these “non-
person who has been determined by a caretakers” has harmed or neglected a
court to be a child’s parent. child or placed a child at risk, the law does
not require that person to make a report to
A “guardian” is someone appointed by a the department of social services. Still,
court to have the care, custody, and control most people can and would take steps to
of a child or to arrange an appropriate ensure that the child and other children
placement for the child. (A child’s parent is are not exposed to further risk or harm.7
considered the child’s “natural guardian.”) Appropriate responses might include one
A guardian also has the authority to or more of the following:
consent on the child’s behalf to medical
care and other matters for which a parent’s I notifying the child’s parents,
consent ordinarily would be required.4 guardian, or custodian;

A “custodian” may be either I contacting law enforcement
authorities; or
1. a person or agency that has legal
custody of a child—that is, I in a work situation, informing the
custody pursuant to a court order; employer or supervisor or, if in a
or position to do so, taking appropriate
personnel action.
2. a person who has assumed the
status and obligations of a parent, If a person does report a problem
even though that person has not involving a non-caretaker to a county
been awarded legal custody by a department of social services, the
court.5 department will not investigate, since it is
not authorized to do so. The law, however,
A “caretaker” is someone (other than requires the department to relay the
a parent, guardian, or custodian) who is information to the district attorney’s office
responsible for a child’s health and welfare and to law enforcement officials if the
in a residential setting.6 A caretaker might report describes criminal conduct that
be a stepparent, a foster parent, an adult results in physical harm to a child.8
member of the child’s household, or an
adult relative who has been entrusted with The legislature has included within the
the child’s care. People like house parents meaning of “caretaker” people who
or cottage parents who supervise children provide care for children in child care
in residential child care facilities and facilities, which include day care centers
residential schools also are caretakers. The and homes, even though these are not
term specifically includes any employee or strictly “residential settings.”9 The legal

PEOPLE 17

definition of “child care facility,” which there was some indication that the child’s
exists primarily for licensing and parent (or guardian, custodian, or
regulatory purposes, is complex.10 It refers caretaker) allowed or contributed to the
to a variety of nonresidential child care injury, harm, or risk to the child.
arrangements, but contains a number of
specific exclusions. Some of the people This is not to say that a concerned
who are not caretakers, because the places person has no recourse in these situations.
in which they provide care for children are Cases involving people who are not
excluded from the definition of child care parents, guardians, custodians, or
facility, are those in vacation Bible schools; caretakers may be the subject of criminal
recreation programs that operate for fewer investigations and prosecutions. They
than four consecutive months; organized should be reported to law enforcement
clubs such as Boy Scouts, Girl Scouts, 4-H officials or to other appropriate
groups, and boys and girls clubs; and authorities. These cases do not, however,
drop-in or short-term care provided in come within the Juvenile Code provisions
health spas, resort hotels, bowling alleys, aimed at getting protective services to the
shopping malls, or churches. child and the child’s family. Until there is
some indication to the contrary, the law
Someone who has primary respon- assumes that parents (and guardians,
sibility for a child’s care in a day care custodians, and caretakers) will act
center or other child care facility is a responsibly to prevent or respond
caretaker, and so is anyone who has that appropriately to harm that others may
person’s approval to assume responsibility cause their children.
for children who are in the primary
provider’s care. This might be an employee Notes to Chapter 4
or a relative the provider asks to watch the
children, for example. 1. G.S. 7B-101(14). A number of states have
changed their definitions of “abused juvenile”
Observing or suspecting that a child has or “neglected juvenile” or created special
been injured or mistreated does not reporting requirements in order to bring drug-
necessarily trigger a duty to make a report exposed newborns under the child protective
to the department of social services. In services umbrella, but no state has included
order for a report to be required, and in unborn children in the definition of “child” or
order for the social services department to “juvenile” in a way that permits state
have the authority and responsibility to intervention on the child’s behalf before the
investigate, there must be cause to suspect child is born. See National Clearinghouse on
that the child’s condition can be attributed Child Abuse and Neglect Information,
to the child’s parent, guardian, custodian, “Reporting Laws: Drug Exposed Infants,”
or caretaker. Child Abuse and Neglect State Statutes
Series Ready Reference 2002 (Washington,
A child who is assaulted by an older D.C.: U.S. Department of Health and Human
juvenile, sexually molested by a stranger, or Services, 2002). Retrieved 8 April 2003 from
disciplined in a cruel manner by a teacher, http://www.calib.com/nccanch/pubs/readref/
for example, would not come within the drugex.cfm.
reporting requirement—unless, of course,
2. G.S. 51-2 and 51-2.1. See also Janet
Mason, North Carolina Marriage Laws &
Procedures, 4th ed. (Chapel Hill, N.C.:

18 K E Y D E F I N I T I O N S

Institute of Government, The University of juvenile’s Miranda rights because the aunt
North Carolina at Chapel Hill, 2002). was present and the aunt was the juvenile’s
guardian within the meaning and spirit of
3. See Article 35 of G.S. Chapter 7B (G.S. G.S. 7B-2101).
7B-3500 through 7B-3509).
5. G.S. 7B-101(8). The second prong of
4. In North Carolina a clerk of superior this definition, a person who assumes the
court may appoint a “guardian of the person” status and obligations of a parent, used to
(as opposed to a “guardian of the estate”) appear separately as the definition of a “person
only for a child who has no “natural guardian,” in loco parentis,” a term the Juvenile Code no
i.e., no parent. G.S. 35A-1203(a). The longer uses.
district court, in a juvenile proceeding, may
appoint a guardian of the person whenever 6. G.S. 7B-101(3).
the court finds the appointment to be in the 7. Some professionals are constrained by
juvenile’s best interest. G.S. 7B-600 (abused, confidentiality requirements from reporting
neglected, and dependent juveniles) and G.S. these cases if the law does not require them to
7B-2001 (undisciplined and delinquent make a report.
juveniles). For a case in which the court held 8. G.S. 7B-307(a). The social services
that an aunt was a child’s guardian even director must make immediate oral reports
though never designated as such by a court and subsequent written reports to both the
order, see State v. Jones, 147 N.C. App. 527, district attorney and the appropriate local law
556 S.E.2d 644 (2001), appeal dismissed, review enforcement agency.
denied, 355 N.C. 351, 562 S.E.2d 427 (2002) 9. See G.S. 7B-101(3).
(custodial interrogation did not violate the 10. G.S. 110-86(2) and (3).