In the Matter of Z.T.W., 238 N.C. App. 365 (2014)


The trial court did not err by finding the juvenile to be in willful violation of his probation by not attending school regularly and violating school rules by communicating threats to a teacher. (1) The juvenile failed to preserve his argument that the trial court did not consider his disability and Individualized Education Plan (IEP) in determining whether the probation violations were willful because no evidence was presented at the hearing to show the juvenile lacked the ability to comply with these conditions of his probation. See N.C. R. App. P. 10(a)(1). Also, the trial court explicitly found that the “Juvenile was able to control his behavior and comply with the applicable school rules.” Thus, although not preserved, the argument had no merit. (2) Even if the juvenile did not willfully violate the school rules by threatening his teacher, the juvenile’s numerous unexcused absences provided an independent basis for his probation revocation.

Probation Violations
Willfulness of Violation
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