The Court’s Obligation to Determine Disposition in a Delinquency Matter

Is the court bound to order a certain disposition in a delinquency matter when the juvenile and the prosecutor agree to that disposition as part of an agreement? The short answer is no. The Juvenile Code requires the court to engage in certain procedures, to consider certain factors, and to order disposition in accord with certain parameters when developing and ordering a delinquency disposition. The mandates on the court cannot be delegated to the parties and they are not optional. This post describes these mandates and explores the implications for dispositional outcomes that are agreed upon by the juvenile and the prosecutor. Statutory Mandates Requiring the Court to Develop the Disposition Article 25 of Chapter 7B of the General Statutes governs disposition in delinquency matters. The purpose of the disposition “is to design an appropriate plan to meet the needs of the juvenile and to achieve the objective of the State in exercising jurisdiction, including the protection of the public. “ G.S. 7B-2500.  The statute goes on to direct that “The court should develop a disposition in each case” that promotes public safety, emphasizes accountability of the juvenile and their parent, and provides appropriate consequences, treatment, training, and rehabilitation to help the juvenile become a nonoffending, responsible, and productive community member. G.S. 7B-2500 (emphasis added). The Juvenile Code also includes specific guidance on how a disposition should be selected. The statute clearly requires the court to “select the most appropriate disposition both in terms of kind and duration for the delinquent [...]