In the Matter of A.G.J., __ N.C.App. __

Facts: The juvenile was adjudicated delinquent and the court ordered a Level 1 disposition. The findings in the dispositional order stated, “Based on the evidence, the [trial court] make [sic] the following findings of fact: [Annie] appeared in court late. Her counsel and adoptive mother were present. The [trial court] had to withdraw a secure custody order after [Annie] appeared in court late. The adoptive mother stated that she had no contact with [Annie] for an extended period of time and there were allegations of [Annie] being involved in drug activity. The adoptive mother has other juveniles in her home and refuses for [Annie] to return to her home until she is enrolled in some type of drug counseling. It is impossible to do this instantaneously, therefore, [Annie] is left without a place to go. Additionally, counsel for [Annie] indicated that [Annie] is unwilling to return to the adoptive mother’s home. Pursuant to statute, the [trial c]ourt changes custody of [Annie[ from [her] adoptive mother to Rockingham County Department of Social Services.” Slip op. at 6.

Opinion: The dispositional order was deficient in that the written findings did not adequately address the factors in 7B-2501(c). Incorporating reports is not sufficient to meet the requirements of G.S. 7B-2501(c). In addition, the other findings contained in the order related only to the juvenile’s living situation and did not relate to the offenses in the petition. They do not address the juvenile’s culpability. Designation of the offense as a Class 1 misdemeanor shows only that the court knew the classification of the offense and does not, alone, show that the court considered the seriousness of the offense. A more deferential reading of the order would make the requirement that the trial court make written findings meaningless. The written findings did not show that the trial court considered the factors in G.S. 7B-2501(c). The disposition is vacated and the case remanded for a new disposition hearing and entry of an order that includes the required findings.