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144 N.C. App. 140

In re Powers

Court of Appeals of North Carolina · decided 2001-06-05

Cited by 2 later decisions — most recently September 2004

2 state decisions

Key passage — most relied on by later courts

“(a) The dispositional hearing may be informal, and the court may consider written reports or other evidence concerning the needs of the juvenile. The court may consider any evidence, including hearsay evidence as defined in G.S. 8C-1, Rule 801, that the court finds to be relevant, reliable, and necessary to determine the needs of the juvenile and the most appropriate disposition. (b) The juvenile and the juvenile's parent, guardian, or custodian shall have an opportunity to present evidence, and they may advise the court concerning the disposition they believe to be in the best interests of the juvenile. (c) In choosing among statutorily permissible dispositions, the court shall select the most appropriate disposition both in terms of kind and duration for the delinquent juvenile. Within the guidelines set forth in G.S. 7B-2508, the court shall select a disposition that is designed to protect the public and to meet the needs and best interests of the juvenile, based upon: (1) The seriousness of the offense; (2) The need to hold the juvenile accountable; (3) The importance of protecting the public safety; (4) The degree of culpability indicated by the circumstances of the particular case; and (5) The rehabilitative and treatment needs of the juvenile indicated by a risk and needs assessment. (d) The court may dismiss the case, or continue the case for no more than six months in order to allow the family an opportunity to meet the needs of the juvenile through more adequate hom”

quoted by 1 later decision, including IN THE MATTER OF RAS

Applies NC 14 § 14-72 · NC 7B § 7B-2501

Good law ✅— No negative treatment on recordhow we know

Decided 2001-06-05

View the full empirical analysis of this case →

GREENE, Judge.

¶1Kathy Powers and Charles Powers (Respondents) appeal from a juvenile disposition and commitment order filed 10 March 2000 committing Respondents’ minor child Jason Matthew Powers (the Juvenile) “to the Office of Juvenile Justice for placement in one of the residential facilities operated by the Division, for ... an indefinite term for a minimum of 6 months and not to exceed the [J]uvenile’s eighteenth birthday.”

¶2The record shows the Juvenile, a fifteen year old, was charged in juvenile court as being a delinquent juvenile as defined by N.C. Gen. *141Stat. § 7A-517(12),1 in that he “unlawfully, willfully and feloniously did steal, take and carry away a 1989 Honda Civic” in violation of N.C. Gen. Stat. § 14-72(a). At the adjudication hearing, the Juvenile admitted to the acts alleged in the petition and the trial court adjudicated the Juvenile delinquent. The trial court subsequently held a disposi-tional hearing, at which the Juvenile, the Juvenile’s attorney, and Respondents were present. At the hearing, the Juvenile’s attorney made brief remarks. He then stated to the trial court, “I would tender [Respondents] to the Court for any questions you may have of [them].” The trial court responded, “I don’t have anything else” and the hearing was concluded. Respondents did not request an opportunity to present evidence or to address the trial court at the disposi-tional hearing.

¶3The dispositive issue is whether the trial court denied Respondents their right to “present evidence” and “advise the court concerning the disposition they believe to be in the best interests of the juvenile” pursuant to N.C. Gen. Stat. § 7B-2501(b) when, after Respondents were tendered to the trial court, the trial court did not question Respondents.2

¶4Respondents argue they “were not given the opportunity to present evidence or to be heard regarding disposition,” in violation of section 7B-2501(b). We disagree.

¶5Section 7B-2501(b) provides that at a dispositional hearing, “the juvenile’s parent[s] ... shall have an opportunity to present evidence, and they may advise the court concerning the disposition they believe to be in the best interests of the juvenile.” N.C.G.S. § 7B-2501(b) (1999).

¶6In this case, the Juvenile’s attorney stated to the trial court, “I would tender [Respondents] to the Court for any questions you may have of [them].” The trial court responded that it did not “have any*142thing else,” and the hearing was concluded. The trial court’s decision not to question Respondents did not constitute a refusal to allow Respondents to present evidence or to advise the trial court regarding the appropriate disposition, as section 7B-2501(b) places no affirmative duty on the trial court to question the parents of a juvenile. Additionally, the record contains no evidence Respondents attempted to offer evidence or to advise the trial court during the dispositional hearing. Accordingly, Respondents were not denied the right to present evidence and advise the trial court under section 7B-2501(b).3

¶7Affirmed.

Judges TIMMONS-GOODSON and TYSON concur.

¶8. Repealed by Session Laws 1998-202, s. 5, effective July 1, 1999. See now § 7B-1501(7) (1999).

¶9. We note that the parents of a juvenile have a statutory right to appeal from “any final order of the court” relating to undisciplined and/or delinquent juveniles. N.C.G.S. § 7B-2602 (1999); N.C.G.S. § 7B-2604 (1999). In this case, Respondents, the parents, appeal based on the alleged violation of a right provided directly to them by the North Carolina Juvenile Code. Thus, because Respondents argue they were prejudiced by a denial of their rights, we need not address the issue of whether a parent would have standing to challenge on appeal the alleged denial of a right of the juvenile or to challenge an alleged error during the adjudicatory or dispositional proceedings that did not affect the rights of the parent.

¶10. Additionally, Respondents argue their alleged denial of the opportunity to present evidence at the dispositional hearing violated their right to due process under the United States Constitution. As the North Carolina Legislature has provided parents with the statutory right to present evidence and to be heard at a dispositional hearing and Respondents were not denied that statutory right in this case, we need not address whether the failure to provide parents with this right is a violation of the parents’ right to due process.

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