Fewell, Matter of

• Decision Date: 02 February 1977
• Docket Number: No. 7626DC618,7626DC618
• Citation: 231 S.E.2d 925,32 N.C.App. 295
• Parties: In the Matter of Michael James FEWELL.
• Court: North Carolina Court of Appeals

Page 925

231 S.E.2d 925

32 N.C.App. 295

In the Matter of Michael James FEWELL.

No. 7626DC618.

Court of Appeals of North Carolina.

Feb. 2, 1977.

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. John M. Silverstein, Raleigh, for the State.

Mecklenburg County Public Defender Michael S. Scofield by Asst. Public Defender James Fitzgerald, Charlotte, for respondent.

BROCK, Chief Judge.

The only question presented to this Court for determination is whether the juvenile court committed error by placing the respondent on probation without an adjudication or finding that he was delinquent. The respondent argues the initial proceeding terminated in an order that postponed 'adjudication and disposition' until a social summary could be filed. At the subsequent hearing, disposition of the matter occurred with imposition of probation, but in neither hearing was there an adjudication or finding of delinquency upon which to base the disposition order. We disagree.

General Statute 7A--285 governing juvenile hearings states:

'The juvenile hearing shall be a simple judicial process designed to adjudicate the existence or nonexistence of any of the conditions defined by G.S. 7A--278(2) through (5) which have been alleged to exist, and to make an appropriate disposition to achieve the purposes of this Article. In the adjudication part of the hearing the judge shall find the facts and shall protect the rights of the child . . ..

'The court may continue any case from time to time to allow additional factual evidence, social information or other information needed in the best interest of the child. If the court finds that the conditions alleged do not exist, or that the child is not in need of the care, protection or discipline of the State, the petition shall be dismissed.

'At the conclusion of the adjudicatory part of the hearing, the court may proceed to the disposition part of the hearing, or the court may continue the case for disposition after the juvenile probation officer or family counselor or other personnel available to the court has secured such social, medical, psychiatric, psychological or other information as may be needed for the court to develop a disposition related to the needs of the child or in the best interest of the State. The disposition part of the hearing may be informal, and the court may consider written reports or other evidence concerning the needs of the child.'

Under G.S. 7A--278(2) a 'delinquent child' is defined as 'any child who has committed any criminal offense under State law or under an ordinance of local government . . .'

The statute clearly contemplates two phases...