In the Matter of G.C., 30 N.C. App. 511 (2013)

Remanded in part
Affirmed in Part

The trial court did not err by adjudicating the juvenile delinquent and entering a disposition order without first holding separate adjudication and disposition hearings. The 13-year-old juvenile was charged in juvenile petitions with two counts of first-degree sexual offense under G.S. 14-27.4(a)(2) and two counts of indecent liberties between children under G.S. 14-202.2, alleging sex acts against the juvenile’s 6-year-old neighbor. During a three-day probable cause hearing, the court heard testimony from the 6-year-old victim, the juvenile’s stepfather, the investigating officer, and three medical professionals, who examined the victim, including a forensic interviewer, pediatrician, and licensed clinical social worker. Immediately following this hearing, the court found probable cause for the first-degree sexual offense and adjudicated the juvenile delinquent for indecent liberties between children. One month later, a transfer hearing was held, and the court retained its jurisdiction and adjudicated the juvenile delinquent for first-degree sexual offense, without holding a separate hearing. The court immediately proceeded to disposition and entered a Level III disposition order, committing the juvenile to a youth development center (YDC). Relying upon the holding of In the Matter of J.J., Jr., 216 N.C. App. 366, 717 S.E.2d 59 (2011), the court found no error in the trial court’s failure to hold separate hearings because the juvenile’s constitutional and statutory rights were not adversely impacted by the trial court’s actions.

Adjudication Hearing
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