STATE OF NORTH CAROLINA - UNC School of Government



|STATE OF NORTH CAROLINA | |File Number: |

|DURHAM COUNTY | | |

| |In The General Court of Justice |

| |District Court Division |

|In the Matter of: |JUVENILE LEVEL 1 and 2 |

| |DISPOSITION ORDER |

| |(DELINQUENT) |

| | |

| |N.C.G.S. §§ 7B-2500—7B-2502, 7B-2506—7B-2510, 7B-2512 |

|Name and address of juvenile | |

| | |

|Juvenile’s Date of Birth |Age | |

THIS CASE CAME ON FOR DISPOSITION on ___________________, in regard to the following offense(s)

for which the juvenile was adjudicated delinquent on the date(s) specified below:

|Petition Filing Date|Adjudication Date |Offense |F/M |Class |Minor/Serious/Violent |

| | | | | | |

| | | | | | |

| | | | | | |

| | | | | | |

THE FOLLOWING PERSONS were present at the hearing:

|Relationship / |Name |Relationship / |Name |

|Title | |Title | |

|( Mother of | |( Father of | |

|Juvenile | |Juvenile | |

|( Guardian or | |( Juvenile Court | |

|Custodian | |Counselor | |

|( Assistant District | |( Attorney for | |

|Attorney | |Juvenile | |

|( Other | |( Other | |

BASED UPON THE EVIDENCE PRESENTED, the court makes the following FINDINGS OF FACT:

1. The juvenile’s delinquency history is: ( low ( medium ( high

2. Other findings: (continue on attached page(s) if necessary) ______________________________

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

( 3. The juvenile’s continuation in the juvenile’s own home would be contrary to the juvenile’s best interest and contrary to the welfare of the child. (Required if juvenile placed in DSS custody.)

( 4. Durham DSS made the following reasonable efforts to prevent the removal of or continue the juvenile in the home: _______________________________________________________________

________________________________________________________________________

( 5. Efforts to prevent the need for the juvenile's placement were precluded by an immediate threat of harm to the juvenile, _________________________________________ _____________ ____________________ ________________________________________________ and placement of the juvenile in the absence of such efforts was reasonable.

| |CONCLUSIONS OF LAW | |

Based on the forgoing findings of fact, the Court concludes as a matter of law that:

|( | |The Court is required to order a Level 1 disposition. |

|( | |The Court is required to order a Level 2 disposition (and may also order any Level 1 disposition). |

|( | |The Court is required to order a Level 1 or a Level 2 disposition, or both, and orders a Level ____ disposition. |

|( | |The Court is required to order a Level 2 or a Level 3 disposition, or both, and orders a Level ____ disposition. |

|( | |Because of the juvenile’s extraordinary needs, the Court is authorized to order a Level 2 disposition rather than a Level 3 |

| | |disposition, which otherwise would be required in this case. (List specific findings on a separate page.) |

|( | | ( Reasonable efforts to prevent or eliminate the placement of the juvenile outside the home were made by DSS or other community |

| | |agencies. or |

| | |( Efforts to prevent the need for the juvenile’s placement were precluded by an immediate threat of harm to the juvenile, and |

| | |placement of the juvenile in the absence of such efforts was reasonable. One of these must be checked if juvenile placed in DSS |

| | |custody. |

| |ORDER | |

IT IS HEREBY ORDERED THAT:

|( | |The juvenile is sentenced to a Level ____ offender as follows: |

|( | |The juvenile shall comply with condition(s) contained in existing disposition orders(s) and any of the following conditions as follows:|

|( | |Probation [N.C.G.S. § 7B-2506(8)] The juvenile shall be placed on probation, under the supervision of a court counselor, for a period|

| | |of _____ months. Under the following general terms and conditions, the juvenile is ordered to: |

| | |Remain on good behavior and not violate any local, state, or federal law. |

| | |Not violate any reasonable and lawful rules of the juvenile’s parent, guardian, or custodian. |

| | |With regard to education and/or employment, the juvenile shall: |

| | |( Attend school each and every day—all classes—and not have any excused tardies, and |

| | |not be suspended or excluded from school, or |

| | |( the juvenile is excused from attending school. |

| | |( Complete his/her GED |

| | |( Remain regularly employed ____ hours per week, or |

| | |( the juvenile is excused from employment. |

| | |Not use or possess any controlled substances included in any schedule of Article 5 of Chapter 90 of the NC Controlled Substance Act, |

| | |not use any prescription drug unless said drug has been specifically prescribed for the juvenile and is maintained in its original |

| | |package indicating the prescription, and not use any inhalant. Not possess any alcoholic beverage regulated under Chapter 18B of the |

| | |NC General Statutes. Not possess any tobacco, tobacco products, or incendiary devices that may be used to light tobacco products. |

| | |Possess no firearm, explosive device, weapon, incendiary device, or laser pointer. The juvenile shall further: |

| | |( Obtain a substance abuse assessment from ___________________ within ____________ and cooperate with any and all recommended |

| | |treatment. |

| | |Submit to random alcohol and drug testing. |

| | |Submit to reasonable warrantless searches. |

| | |Cooperate with all professional and treatment plans prescribed for the juvenile including his/her person centered plan/CFT plan if |

| | |applicable. |

| | |Cooperate with any out-of-home placement efforts, if such becomes necessary, and abide by all rules and regulations of the placement. |

| | |Report to a court counselor as often as required by the court counselor, cooperate with the court counselor as required, and permit the|

| | |court counselor to visit the juvenile at his/her home or elsewhere. Notify the court counselor of any change of address or telephone |

| | |number. |

| | |Comply with the following curfew: |

| | |( ____ P.M. until 6:00 A.M. on school days |

| | |( ____ P.M. until 6:00 A.M. on non-school days |

| | |( ____ P.M. until 6:00 A.M. each and ever day |

| | |( The juvenile may be out past his/her curfew if he/she is with their parent(s) or a |

| | |person approved by his/her parent(s) and juvenile court counselor. |

| | |( The juvenile may be out one-half hour after the time he/she completed work as long |

| | |as the court counselor approves the juvenile’s employment. |

| | |( The juvenile court counselor has the discretion to modify the juvenile’s curfew. |

| | |( Other: _________________________________________________ |

| | |Not be in the following places: _______________________________________ |

| | |____________________________________________________________ |

| | |Not associate with anyone the juvenile knows to have an adult criminal record or juvenile delinquency adjudication or the following |

| | |persons: |

| | |( The victim(s) in this case: _______________________________________ |

| | |( Any co-defendant(s) in this case: __________________________________ |

| | |( Any person the juvenile’s parent(s) instruct the juvenile not to associate with. |

| | |( Other: ____________________________________________________ |

| | |Cooperate with all other conditions listed in this order. |

| | |Other General conditions: _________________________________________ |

| | |___________________________________________________________ |

|( | |In-Home Supervision with Conditions [N.C.G.S. § 7B-2506(1)a] The juvenile shall remain at home and be supervised by |

| | |______________________, subject to the following conditions applicable to the parent, guardian, custodian, and/or juvenile as |

| | |specified. |

|( | |Custody [N.C.G.S. § 7B-(1)b] The juvenile be placed in the custody of: |

| | |( a. The juvenile’s parents, _________________________________________ |

| | |( b. Other: (specify person or agency and relationship to juvenile, if any) __________ |

| | |_________________________________________________________ |

| | |c. The Department of Social Services in Durham County [N.C.G.S. § 7B-2506(1)c]. The Department of Social Services in Durham County |

| | |shall continue to make reasonable efforts to prevent or eliminate the need for placement outside the home. The placement and care are |

| | |the responsibility of Durham County Department of Social Services and the agency shall provide or arrange for the foster care or other |

| | |placement of the juvenile. |

|( | |Cooperate with any and all Recommended Treatment Programs [N.C.G.S. § 7B-2506(3)] specifically the following: |

| | |( Attend regularly scheduled child and family team meetings |

| | |( Other: _______________________________________________________ |

|( | |Restitution pay restitution to the office of the Clerk of Superior court as follows: [Specify restitution authorized by N.C.G.S. § |

| | |7B-2506(4) or N.C.G.S. § 7B-2506(22)] |

| | |a. The juvenile is jointly and severally liable with the co-defendants(s) for the amount of $_________ |

| | |b. The juvenile may work in one of the approved Durham County restitution programs to earn the program’s allowed amount. |

| | |c. Other: _______________________________________________ |

|( | |Payment of Fine [N.C.G.S. § 7B-2506(5)] The juvenile shall pay a fine in the amount of (specify amount that does not exceed maximum |

| | |fine for adult for same offense) $________ into the office of the Clerk of Superior Court for Durham County. |

|( | |Community Service N.C.G.S. § 7B-2506(6) The juvenile shall perform _______ hours of community service. (Level 1—max 100 hours; Level |

| | |2—max 200 hours) |

| | |( a. Other terms and conditions: _________________________________ |

|( | |Victim-Offender Mediation [N.C.G.S. § 7B-2506(7)] The juvenile shall participate in victim-offender mediation though the Elna B. |

| | |Spaulding Durham Mediation Center, located at 634 Foster Street, Durham 27707. |

| | |( The juvenile is to write a letter of apology to the following person(s): __________________________ by ________________. Upon |

| | |completion the letter is to be given to the juvenile’s court counselor. |

|( | |No Driver’s License [N.C.G.S. § 7B-2506(9)] The juvenile shall not be licensed to operate a motor vehicle nor obtain a learner’s |

| | |permit to operate a motor vehicle in the State of North Carolina. |

| | |a. For a specified time (Specify period of time) ______________________ |

| | |b. Until the juvenile is successfully discharged from probation. |

| | |And the Clerk shall notify the North Carolina Division of Motor Vehicles of this Order. |

| | |NOTE TO CLERK: Give notice as required above. |

|( | |Intermittent Confinement [N.C.G.S. § 7B-2506(12)] The juvenile be confined on an intermittent basis in an approved detention facility|

| | |as follows: |

| | |Level 1 up to 5 days |

| | |Level 2 up to 14 days |

| | |Other: ______________ |

|( | |The criteria for secure custody has been met according to N.C.G.S. § 7B-1903(b), (c) or (d) and the Court is directing the following |

| | |person(s) to assume custody of the juvenile: |

| | |( Sheriff of Durham County |

| | |Other officer DJJDP or |

| | |Other authorized person, and to take the juvenile to the following place: __________________________ approved and designated by the |

| | |Department of Juvenile Justice and Delinquency Prevention. |

|( | |Wilderness Program [N.C.G.S. § 7B-2506(13)] The juvenile shall cooperate with placement in a wilderness program. NOTE: This is both |

| | |a Level 1 and Level 2 disposition.) |

|( | |Intensive Probation [N.C.G.S. § 7B-2506(15)] The juvenile shall be placed on intensive probation under the supervision of a court |

| | |counselor under the terms and conditions set forth on the attached “Supplemental Order Conditions of Probation (Delinquent).” |

|( | |Supervised Day Program [N.C.G.S. § 7B-2506(16)] The juvenile cooperate with and complete the __________________________ supervised |

| | |day program. |

|( | |Placement in State Multipurpose Group Home [N.C.G.S. § 7B-2506(21)] The juvenile be placed in a multipurpose group home operated by |

| | |a State agency. |

|( | |Conditions of probation; violation of probation [N.C.G.S. § 7B-2510(b)1-5] If directed to do so by the Chief Court Counselor, the |

| | |juvenile shall: |

| | |( Perform up to 20 hours of community service; |

| | |( Submit to substance abuse monitoring and treatment; |

| | |( Participate in a life skills or an educational skills program administered by the Department; |

| | |( Cooperate with electronic monitoring; and |

| | |( Cooperate with intensive supervision. |

|( | |Suspension of More Severe Disposition [N.C.G.S. § 7B-2506(19)] The disposition(s) listed in paragraph(s) number(s) |

| | |___________________ shall be suspended on condition that the juvenile meet the following condition(s), to which the juvenile has |

| | |agreed: ________________________________________________________ |

| | |_______________________________________________________________ |

|OTHER |

|( | |Examination by Expert [N.C.G.S. § 7B-2502(a)] The juvenile be examined by (specify name or type of expert) ________________________,|

| | |to assist the Court in determining the juvenile’s needs, and that a hearing be held on (specify date) _________ |

| | |To determine whether the juvenile is in need of evaluation or treatment and, if so, who should pay the cost; further, that the Clerk |

| | |send notice of that hearing to the County Manager or other person designated by the Durham County Board of County Commissioners. NOTE |

| | |TO CLERK: Mail notice as provided above. |

|( | |Interdisciplinary Evaluation/Staffing [N.C.G.S. § 7B-2502(c)] The area mental health, developmental disabilities, and substance |

| | |abuses services director shall arrange an interdisciplinary evaluation of the juvenile, mobilize resources, and take other appropriate |

| | |action to meet the juvenile’s needs, and report to the Court; further that the Clerk shall mail a copy of this Order to the Area Mental|

| | |Health director. NOTE TO CLERK: Mail notice as provided above. |

|( | |Requirements for Parent, Guardian, Custodian [N.C.G.S. § 7B-2700 through N.C.G.S. § 7B-2704] The juvenile’s ( Mother, ( Father, |

| | |( Guardian, ( Custodian shall: |

| | |( comply with this and all orders |

| | |( cooperate with the Juvenile Court Counselor(s) and any other professionals or |

| | |agencies involved with the juvenile |

| | |( regularly attend all Child and Family Team meetings for the juvenile |

|( | |The juvenile’s next scheduled hearing shall be as follows: _______________ |

|( | |There shall be a hearing pursuant to § 7B-906.1 within 90 days of this hearing, specifically on __________________________before Judge |

| | |____________. (required if juvenile placed in DSS custody) |

|( | |Other: _________________________________________________________ |

| | |______________________________________________________________ |

| | |______________________________________________________________ |

|Date |Name of District Court Judge (type of print) |Signature of District Court Judge |

| | | |

CLERK: __________________________________

cc: ( Juvenile, juvenile’s parent(s), guardian, or custodian:

( Juvenile Court Counselor:

( Attorney for Juvenile:

( Assistant District Attorney:

( Durham DSS (required if juvenile placed in DSS custody)

( OTHER: ________________________________________________________

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