In the Matter of K.S., __ N.C.App. __
* This is an unpublished opinion
Facts: The juvenile admitted to violating his probation by removing his electronic monitoring device. The court did not receive a predisposition report or a risk and needs assessment before entering a new disposition as a result of the violation. The court also did not review the comprehensive clinical assessment (CCA) before entering the new disposition. The court entered a Level 3 disposition.
Opinion:
Order of disposition entered without a predisposition report or a risk and need assessment
The court is allowed to proceed with the dispositional hearing when the court makes a written finding that a predisposition report is not needed. G.S. 7B-2413. In this case, the court order included that “[t]he [c]ourt did not receive a predisposition report or a [r]isk and [n]eeds assessment prior to disposition being entered per [N.C.G.S. §] 7B-2413. That is why none of the above boxes are checked.” Exact statutory language is not needed if the evidence and findings make the court’s basis for the order clear. In this case it was clear that the court proceeded without a predisposition report because the report was not available and not needed.
Failure to consider the comprehensive clinical assessment
The juvenile was not prejudiced by the error. The juvenile had a pattern of behavior that included failing to comply with the terms of probation and failure to comply with evaluations. He was denied admittance to at least two psychiatric residential treatment facilities because of his refusal to comply with any evaluation. The court counselor stated that the juvenile was sabotaging his own CCA. There is no reasonable possibility that a different result would have occurred if the court had considered the care review team’s recommendations.
Required findings regarding dispositional factors
The dispositional order was required to contain findings of fact to show that it considered the factors required in G.S. 7B-2501(c). The findings in the order were sufficient in regard to four of the factors and included:
Statutory requirement | Order contents |
Seriousness of the offense | “The juvenile has ben adjudicated for a violent or serious offense and Level 3 is authorized” by statute |
Need to hold the juvenile accountable | Juvenile “was in probation (Level 2 disposition) and continually violated the terms of his E.M., up to and including the night before the court date at which he admitted being in willful violation of his probation.” |
Public safety | The offense that formed the basis of a Level 2 disposition was a Class H felony |
Degree of culpability | Juvenile’s admission of a willful violation of probation |
The fifth factor is the rehabilitative and treatment needs of the juvenile. The court presumed, without deciding, that the court did not sufficiently address this fifth factor. However, the omission of the predisposition report or risk and needs assessment was not prejudicial.