In the Matter of H.D.H., __ N.C.App. __ (January 21, 2020)

Held: 
Reversed and Remanded
  • Facts: The juvenile was originally placed on three months of protective supervision after admitting to allegations in an undisciplined petition. The juvenile subsequently admitted to allegations of indirect contempt for violations of her undisciplined disposition and was placed on a Level 1 delinquency disposition that included twelve months of probation. As the term of probation was scheduled to expire, the State requested a six-month extension of probation on a motion for review. The trial court extended the juvenile’s probation for six months. The order extending probation did not include any written findings or conclusions.
  • Opinion: G.S. 7B-2510(c) requires the court to find that the extension of probation is necessary either to protect the community or to safeguard the welfare of the juvenile. The court must make written findings supporting these statutory factors when extending a juvenile’s probation. Use of an outdated form may have impacted the court’s failure to make the necessary written findings. Because there was information before the trial court that could have supported the necessary findings of fact, the case is reversed and remanded for entry of a new order.
Category:
Post-Disposition
Stage:
Probation Motion for Review
Topic:
Extension of Probation Terms
Tags:
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Tags: 
7B-2510(c); written findings; order