Getting Beyond the Checkboxes: Delinquency Dispositional Orders

Editor's Note: This is the first post by new SOG faculty member Jacqui Greene. Jacqui is our resource in juvenile justice/juvenile delinquency and we're excited to have her at the SOG and on the blog. This post is, and her future posts will be, cross-posted on the SOG civil blog, On The Civil Side. Welcome, Jacqui! Dispositional decision making in delinquency cases can be complex. A list of 24 dispositional alternatives are available pursuant to G.S. 7B-2506. The choice among them must be driven by the disposition level allowed by G.S. 7B-2508 and the five factors outlined in G.S. 7B-2501(c). How much information must a court consider in making this decision and what findings need to be in an order of disposition? That question was not clearly answered until May of 2018. G.S. 7B-2501(c) requires that courts impose dispositions that fall within the statutorily prescribed level system and that protect the public and “meet the needs and best interests of juveniles, based upon: (1) The seriousness of the offense; (2) The need to hold the juvenile accountable; (3) The importance of protecting the public safety; (4) The degree of culpability indicated by the circumstances of the particular case; and (5) The rehabilitative and treatment needs of the juvenile indicated by a risk and needs assessment,” How these statutory requirements translate into practice was a point of confusion prior to May 2018 when the court of appeals published In re I.W.P. 815 S.E.2d 696 (May 1, 2018). The holding in this case [...]