In the Matter of E.K.H., 226 N.C. App. 448 (2013)

The trial court is statutorily required to receive and consider a risk and needs assessment prior to entering a disposition order. After adjudicating the juvenile delinquent for common law robbery and conducting a dispositional hearing, the trial court ordered a Level 3 disposition. On appeal the juvenile’s only argument was that the trial court erred by entering a disposition order without either (1) receiving and considering a risk and needs assessment or (2) making a written finding that it was not needed. The Court of Appeals held that the trial court erred by failing to do either of those things, as required by G.S. 7B-2413, but that the error was harmless. The court reviewed the evidence that was considered by the trial court and noted that the juvenile did not object at the hearing to the absence of the assessment and did not indicate in his brief any prejudice resulting from the court’s error.