In re A.L.B.
| Citation | 849 S.E.2d 352 |
| Decision Date | 06 October 2020 |
| Docket Number | No. COA 20-44,COA 20-44 |
| Parties | In the MATTER OF: A.L.B. |
| Court | North Carolina Court of Appeals |
Attorney General Joshua H. Stein, by Assistant Deputy Attorney General Melissa K. Walker, for the State.
Appellate Defender Glenn Gerding, by Assistant Appellate Defender David W. Andrews, for respondent-appellant juvenile.
Amber,1 a juvenile diagnosed with several mental disorders, appeals from an order committing her to a Division of Adult Correction youth development center after the district court found her responsible for six escapes from youth foster and group homes, at least five vehicle thefts (including two wrecks), and the removal of the ankle monitor that provided the only means for authorities to know her whereabouts.
She argues that the trial court erred in failing to refer her to the area mental health services director for appropriate action, as required by statute. After careful review, we agree, vacate the trial court's order, and remand for further proceedings.
The evidence of record tends to show the following:
Amber, born on 15 September 2003, was 15 years old at the time of the proceeding below. She had lived for some time with her father, but they had "physical conflicts," and she reported that he engaged in domestic violence and abused alcohol. Eventually Amber's father kicked her out of his home.
Amber then moved in with her mother, who struggled with her own mental health issues. She was unable to control Amber's behavior, and, after Amber stole a car, surrendered her to Gaston County Department of Social Services ("DSS") custody.
DSS initially placed Amber in a series of three Level Two therapeutic foster care homes. Amber ran away from the first two homes, stealing a car on one occasion. She was found responsible and placed on probation for running away and stealing the vehicle. Amber was later transferred out of the third therapeutic foster care home due to its location.
A mental health assessment of Amber in March 2018 noted several diagnoses including post-traumatic stress disorder, depressive disorder, and unspecified disruptive, impulse-control, and conduct disorder. The mental health counselor who assessed Amber recommended that she be placed in a Level Three home, which would provide around the clock residential services including rules, routine, structure, therapeutic interventions, group activities, and additional therapy.
Amber's therapeutic care and placement was coordinated by Partners Behavioral Health Management ("Partners"), the Managed Care Organization ("MCO") for Gaston County.2 Partners does not directly provide care, evaluate patients, or recommend appropriate treatments. Instead, licensed care providers conduct any necessary medical evaluations and make treatment recommendations; Partners then steps in, if needed, to identify facilities that provide the recommended treatment and coordinate patient placement with those facilities.
Consistent with the assessment and recommendation in March 2018, Partners authorized placement for Amber in a Level Three group home on 27 April 2018. Partners authorized Amber's placement so that she could receive care according to her Patient Centered Plan ("PCP"), which, per Partners’ Care Coordination Supervisor Kendall Higgins, is "a treatment plan that's developed by a clinician and a family ... that really outlines their treatment goals based on what's recommended in the comprehensive clinical assessment." The group home updated Amber's treatment plan in May, June, July, August, and October 2018.
Amber stole a van from the group home and fled on 13 August 2018, leading to a juvenile petition for larceny of a motor vehicle. After a few days in detention, Amber returned to the group home. She ran away again, leading to another juvenile petition on 16 October 2018. On 5 November 2018, she admitted to delinquency in connection with the larceny petition and was placed on probation for 9 months.
Partners authorized placement in a different Level Three group home, Turn Around Group Home, on 13 November 2018. A different mental health entity, A New Place, took over responsibility for updating Amber's clinical assessment and treatment plan.
Although Amber's first few months at Turn Around seemed promising, she eventually violated the terms of her probation on 3 March 2019 when she failed to charge her ankle monitor, cut it off, and fled the home. She was located in Lincoln County in possession of her grandmother's car before being returned to Turn Around on 1 April 2019. The following morning, Amber stole a van and absconded again. She later crashed the van, stole a truck, and wrecked the truck before being apprehended on 4 April 2019. Juvenile petitions for speeding to elude arrest and felony possession of a stolen vehicle were filed on 4 April and 16 April 2019, respectively.
Amber admitted to possession of a stolen vehicle on 18 April 2019, leading the State to dismiss the petition for speeding to elude arrest. She admitted to her probation violations at a hearing on 6 May 2019. During that hearing, Amber requested placement in a Level Five psychiatric residential treatment facility ("PRTF").3 Amber had not previously been placed in a psychiatric facility.
At a disposition hearing on 20 May 2019, Amber's juvenile court counselor recommended that she be committed to the Juvenile Section Division of the Division of Adult Correction for placement in a youth development center ("YDC"), the most restrictive possible disposition. The counselor noted that while in State custody, Amber could receive the same individual and group therapy, medication management, and education available in a residential psychiatric facility. Unlike psychiatric facilities, YDCs are fenced.
Ms. Higgins also appeared at the disposition hearing to testify concerning Amber's mental health history and treatment. She testified that licensed clinical care providers with A New Place had assessed Amber and recommended commitment to a Level Five PRTF, and that Amber had outstanding referrals to several of those facilities. Ms. Higgins testified that she did not have a recent clinical assessment recommending that commitment, and that the most recent clinical assessment available to Partners—from March 2018 —was out of date and "wouldn't be relevant" to determine Amber's current treatment needs. She also testified that YDCs provide psychiatric care "if the juvenile requests it."
After the presentation of evidence, Amber's counsel argued for placement in a Level Five psychiatric residential treatment facility, while the State posited that commitment to a Level Three youth detention center was more appropriate. Amber's counsel also contended that, based on evidence Amber suffered from mental illness, N.C. Gen. Stat. § 7B-2502(c) required the trial court to refer her to the local mental health services director—in this case Partners4 —who would then be responsible for conducting an interdisciplinary evaluation, mobilizing care, and meeting Amber's needs. The trial court rejected the argument without substantive discussion and ordered a Level Three YDC disposition. Amber entered oral notice of appeal.
Amber contends, as she did before the trial court, that her evidence of mental illness required halting disposition for a referral to Partners for "appropriate action," namely, "an interdisciplinary evaluation and [the] mobiliz[ation] of resources to meet [her] needs." N.C. Gen. Stat. § 7B-2502(c). The State acknowledges that the statutorily mandated referral was not made but argues that Amber cannot show prejudice because Ms. Higgins, as a representative of Partners, testified at the disposition hearing. In sum, the State contends remand is not warranted because Ms. Higgins participated in the hearing, and "[r]emand would only accomplish having the court receive and consider the same information it has already heard."
We hold that Amber has demonstrated reversible error. Consistent with this Court's prior decisions, the trial court was required to refer Amber to Partners for an interdisciplinary evaluation based on her numerous mental health diagnoses. Section 7B-2502(c) provides:
If ... there is evidence presented to the effect that the juvenile is mentally ill or is developmentally disabled, the court shall refer the juvenile to the area mental health, developmental disabilities, and substance abuse services director for appropriate action. ... The area mental health, developmental disabilities, and substance abuse director shall be responsible for arranging an interdisciplinary evaluation of the juvenile and mobilizing resources to meet the juvenile's needs.
N.C. Gen. Stat § 7B-2502(c) (emphasis added).
In applying the statute, this Court has held that "[t]he use of the word ‘shall’ indicates a statutory mandate that the trial court refer the juvenile to the area mental health services director for appropriate action, and failure to do so is error." In re E.M. , 263 N.C. App. 476, 478, 823 S.E.2d 674, 676 (2019) (citations omitted); see also E.A., 267 N.C.App. at 398-99, 833 S.E.2d at 632-33 (2019) ().
The referral is required if the trial court is "faced with any amount of evidence that a juvenile is mentally ill." E.M. , 263 N.C. App. at 480, 823 S.E.2d at 677. This is so regardless of the juvenile's past mental health treatment or the availability of mental health services through commitment to a YDC. See id. (). Though a representative of Partners...
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...the same or equivalent to" an interdisciplinary evaluation and mobilization of resources. Id. at 528, 849 S.E.2d at 356. We distinguish In re A.L.B. from the case bar as the trial court there did not make the statutorily-mandated referral for an interdisciplinary evaluation prior to enterin......