In the Matter of S.M., Jr., 2021-NCCOA-156

Facts: The court entered a dispositional order, committing the juvenile to the YDC. Prior to disposition, the court reviewed a predisposition report which indicated that the juvenile needed substance abuse treatment and a mental health assessment. The court was also provided a comprehensive clinical assessment (CCA). The CCA was conducted by the Thompson Juvenile Court Assessment Program. The CCA diagnosed the juvenile with unspecified disruptive, impulse-control, and conduct disorder; other specified trauma-and stressor-related disorder; and mild cannabis use disorder. The court did not refer the juvenile to the area mental health services director pursuant to G.S. 7B-2502(c).

Opinion: The trial court was presented with sufficient evidence of the juvenile’s mental illness to trigger its statutory duty to make a referral to the area mental health service director pursuant to G.S. 7B-2502(c). Although the court had the recommendations from the CCA prior to entering disposition, the purpose of G.S.7B-2502(c) was not fulfilled. Obtaining significant mental health services prior to disposition is not sufficient to satisfy the statutory duty of the trial court to refer the juvenile for an interdisciplinary evaluation. The statute envisions involvement by the area mental health services director in the disposition and responsibility for arranging for an interdisciplinary evaluation and mobilizing of resources for the juvenile. The juvenile in this case did not receive the benefit of the area director’s recommendation and involvement in the disposition. The failure of the court to refer the juvenile for an interdisciplinary evaluation was prejudicial to the juvenile because the predisposition report was completed after the CCA was received and eight days before the disposition and commitment order was entered. The predisposition report stated that additional assessment and treatment were necessary. The trial court erred in failing to refer the juvenile to the area mental health services director after it was presented with evidence of the juvenile’s mental illness. The disposition is vacated and the case is remanded for a new dispositional hearing.

NOTE: This is an unpublished opinion.