Structuring Individualized Delinquency Dispositions

The Juvenile Code requires the court to select the most appropriate disposition for the delinquent juvenile. G.S. 7B-2501(c). Under this statute, the disposition must be designed to protect the public and to meet the needs and best interests of the juvenile based on offense severity, the need for accountability, the importance of protecting public safety, the juvenile’s degree of culpability, and the rehabilitative and treatment needs of the juvenile. There are many different statutory pathways available to the court to structure individualized dispositions targeted to meet the needs of the juvenile and reduce their risk of reoffending. This post explores some of those options, with an emphasis on alternatives outside of standard terms and conditions for probation or placement in out-of-home settings. Two Alternatives Outside of the List of Alternatives G.S. 7B-2506 is titled, “Dispositional alternatives for delinquent juvenile” and identifies 24 options. However, there are two dispositional alternatives available in delinquency cases that are not contained in that statute. Instead, G.S. 7B-2501(d) contains the following two dispositional alternatives: Dismissal Continue the case for no more than six months to allow the family an opportunity to meet the needs of the juvenile through more adequate home supervision, placement in a private or specialized school or agency, placement with a relative, or some other plan approved by the court (emphasis added). This statute provides the court ultimate flexibility to approve a plan created and implemented by the family. While the delinquency system is not traditionally rooted in the idea that the family [...]