In re Patron, ___ N.C. App. ___, 792 S.E.2d 853 (2016)

Held: 
Affirmed
  • G.S. 7B-324(b) gives the court discretion when determining whether it will stay the judicial review after a motion to stay the proceeding because of a pending criminal action resulting from the same incident was filed by the respondent. The court of appeals looked to G.S. 7B-803, which  states "resolution of a pending criminal charge against the respondent arising out of the same transaction or occurrence as the juvenile petition shall not be the sole extraordinary circumstance for granting  a continuance."  The record showed several legitimate reasons for denying the motion; there was no abuse of discretion.
  • Referring to Rule 52 of the Rules of Civil Procedure, the court was not required to make findings of fact and conclusions of law in its order denying the motion to stay since the respondent did not request that the court make findings of fact.

 

Category:
Abuse, Neglect, Dependency
Stage:
Responsible Individuals List
Topic:
Hearing
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