NC Appeals Court vacates juvenile custody order

SUMMARY

• NC Court of Appeals ruled trial court retained jurisdiction over delinquent juvenile custody case
• CCDSS argued jurisdiction ended with disposition order, but panel disagreed
• Court found missing statutory finding on juvenile’s best interest required correction
• Case vacated and remanded for trial court to add required finding

The North Carolina Court of Appeals ruled that a trial court had subject matter jurisdiction to order the Cumberland County Department of Social Services (CCDSS) to maintain custody of a delinquent juvenile. The panel emphasized that jurisdiction continues until the court expressly terminates it or the juvenile reaches age 18.

The seven-page opinion is In the Matter of D.H.

CCDSS had appealed a disposition order that continued custody, arguing the trial court lost jurisdiction once it entered its disposition order and that required statutory findings were missing. The appellate court rejected the jurisdictional challenge, noting that jurisdiction begins with the filing of a juvenile petition and does not automatically end when a disposition order is entered. Here, the juvenile had not turned 18 and the trial court had not terminated jurisdiction, so the order was valid.

The court also found that the trial court’s findings largely complied with statutory requirements for a Level 1 Disposition, which allows custody to remain with DSS. However, the disposition order failed to include a specific finding required under section 7B-2506(1)(c) that remaining in the home would be contrary to the juvenile’s best interest. That omission required correction.

Although a similar finding appeared in a separate nonsecure custody order, the Court of Appeals held that it must also be expressly included in the disposition order itself. The panel therefore vacated and remanded the case for the trial court to add the missing statutory finding.

EXTERNAL LINKS

• North Carolina Judicial Branch — Court of Appeals Opinions
• North Carolina General Statutes — Juvenile Code (Chapter 7B)
• Cumberland County Department of Social Services