What is the Maximum Commitment Period That Must be Noticed at Disposition in a Delinquency Case?

When the court issues an order of disposition committing a juvenile to a youth development center (YDC), that commitment is almost always required to be for an indefinite period of time that lasts at least six months. G.S.7B-2513(a). The court cannot order an end date for these commitments. However, the court is required to determine the maximum period the juvenile may remain committed before an extension would have to be filed or the juvenile must be released, and to notify the juvenile of that determination at the time disposition is ordered. G.S.7B-2513(a4). How should this maximum period of commitment be calculated? And is every commitment eligible for an extension? This post addresses these questions. Meaning of Maximum Period of Commitment The maximum period of commitment that must be determined when the court orders commitment to the YDC is defined as the length of time that the juvenile can remain committed to the YDC before the Division of Juvenile Justice (DJJ) is required to release the juvenile or to provide notification of an extended commitment. G.S. 7B-2513(a4). There are three important timeframes for any indefinite commitment. The minimum six-month period of commitment. The maximum period of commitment before an extension is required (if an extension is possible). The maximum potential time that the youth can be committed, including possible extensions. Calculating the Maximum Period of Commitment and Determining When an Extension is Required Generally, commitments to the YDC can last until the juvenile ages out of juvenile jurisdiction. However, an extension of [...]