In re Patron, 250 N.C. App. 375 (2016)

  • Facts: Respondent is the stepmother (a caretaker) to the juvenile, who when he was 17 years old, she hit in the back of the head with a coffee cup that required 4 staples to close the wound. The county department substantiated her for abusing the juvenile and notified her of its intent to place her on the Responsible Individual List (RIL). Respondent requested a judicial review but the hearing was not scheduled until after the juvenile turned 18 years old.
  • The Juvenile Code, specifically 7B-200(a)(9), -311, -323, confers exclusive original jurisdiction over actions involving the Responsible Individuals List to the district court. The district court does not lose jurisdiction because the juvenile turned 18 prior to the hearing on the petition for judicial review. G.S. 7B-323(e) authorizes the court to conduct the review hearing “at any time,” which includes after the juvenile has reached the age of majority. The relevant inquiry is whether the abuse or serious neglect occurred when the juvenile was under 18 years old. The evidence introduced at the hearing shows the juvenile was 17 years old when the abuse occurred. 
Abuse, Neglect, Dependency
Responsible Individuals List
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