In Re Dlh

694 S.E.2d 753
CourtSupreme Court of North Carolina
DecidedJune 17, 2010
Docket350PA09
StatusPublished

This text of 694 S.E.2d 753 (In Re Dlh) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Dlh, 694 S.E.2d 753 (N.C. 2010).

Opinion

694 S.E.2d 753 (2010)

In the Matter of D.L.H.

No. 350PA09.

Supreme Court of North Carolina.

June 17, 2010.

*754 Roy Cooper, Attorney General, by LaToya B. Powell, Assistant Attorney General, for the State-appellant.

Leslie C. Rawls, Charlotte, for juvenile-appellee.

NEWBY, Justice.

The issue in this case is whether the delinquent juvenile D.L.H. is entitled to have her term of confinement reduced by time spent in secure custody pending her dispositional hearings. The General Statutes do not authorize credit for time served before disposition in the juvenile context, and our judiciary may not read into the law provisions that were not included by the legislature. Accordingly, terms of juvenile confinement may not be reduced by time spent in court-ordered custody before disposition. The Court of Appeals holding as to this issue is therefore reversed.

On 28 June 2007, a petition was filed alleging that D.L.H. was a delinquent juvenile based on her role in an affray at school. D.L.H. admitted to the affray in a transcript of admission filed 6 July 2007. By order entered 19 July 2007, the District Court, Guilford County, adjudicated D.L.H. a delinquent juvenile, continued disposition until 2 August 2007, and, in accordance with N.C.G.S. § 7B-1903(c), ordered that D.L.H. remain in the Guilford County Juvenile Detention Center pending disposition. D.L.H. remained in secure custody from her 6 July 2007 adjudicatory hearing until the dispositional hearing on 2 August 2007. Based on the latter hearing, the district court entered an order on 21 August 2007 placing D.L.H. on "Level 2 probation." The district court also imposed fourteen days of juvenile confinement, but provided "that those days are stayed on the condition that the juvenile cooperate and complete the terms of probation."

On 9 November 2007, a juvenile court counselor filed a motion for review, alleging that D.L.H. had violated the terms of her probation by unlawful absence from school. In an order entered 13 December 2007, the district court found that D.L.H. admitted to the counselor's allegations of truancy. As a result, the court ordered D.L.H. to serve the fourteen days of juvenile confinement that had been stayed by the 21 August 2007 order. D.L.H. served the fourteen days from 3 December 2007 through 17 December 2007. The court continued disposition until 3 January 2008. Following the 3 January 2008 hearing, the district court entered an order on 14 January 2008 in which the court again continued disposition, this time until 31 January 2008, and placed D.L.H. in the Guilford County Juvenile Detention Center pending disposition. In addition to her fourteen day term of confinement, D.L.H. spent a total of fifty-five days in secure custody awaiting disposition.

On 10 January 2008, before the 31 January 2008 dispositional hearing, D.L.H. filed a motion *755 seeking release from custody. In an order entered 29 January 2008, the motion was continued until the previously scheduled 31 January 2008 hearing. After that hearing took place, the district court entered an order on 25 February 2008 that extended D.L.H.'s probation until 31 January 2009. By notice filed 26 February 2008, D.L.H. appealed the district court's orders of 13 December 2007, 14 January 2008, 29 January 2008, and 25 February 2008.

In pertinent part, D.L.H. argued to the Court of Appeals that the district court erred by failing to reduce her fourteen days of juvenile confinement by the time she spent in secure custody pending disposition of her case. The Court of Appeals agreed, holding that N.C.G.S. § 15-196.1, the statute governing credit for time served in criminal cases, applies to juvenile confinement and that D.L.H. was entitled to credit for time served before disposition. In re D.L.H., ___ N.C.App. ___, ___, 679 S.E.2d 449, 452-54 (2009). This Court allowed discretionary review to determine whether section 15-196.1 applies in the juvenile context.

We begin our analysis by observing that the nature and purposes of juvenile proceedings remain distinct from those of criminal prosecutions. A finding of juvenile delinquency cannot be equated with a criminal conviction for all purposes, and "protective custody"[1] of juveniles differs from the imprisonment of criminals. In re Burrus, 275 N.C. 517, 529, 533-34, 169 S.E.2d 879, 886-87, 889-90 (1969) (emphasis added), aff'd sub. nom. McKeiver v. Pennsylvania, 403 U.S. 528, 91 S.Ct. 1976, 29 L.Ed.2d 647 (1971). While criminal sentences are designed "to impose a punishment commensurate with the injury the offense has caused ... and to provide a general deterrent to criminal behavior," N.C.G.S. § 15A-1340.12 (2009), dispositions in juvenile actions have a greater focus on "accountability and responsibility" and aim to "[p]rovide[] the appropriate consequences, treatment, training, and rehabilitation to assist the juvenile toward becoming a nonoffending, responsible, and productive member of the community," id. § 7B-2500 (2009). In confining delinquent juveniles, the State acts more as a caregiver than a jailer,

exercis[ing] its power as parens patriae to protect and provide for the comfort and well-being of such of its citizens as by reason of infancy ... are unable to take care of themselves. Thus, juveniles are in need of supervision and control due to their inability to protect themselves. In contrast, adults are regarded as self-sufficient.

In re Walker, 282 N.C. 28, 39, 191 S.E.2d 702, 709 (1972) (second alteration in original) (citation and internal quotation marks omitted). Indeed, when D.L.H. was adjudicated delinquent, the district court concluded that she was "in need of the protective supervision of the court." (Emphasis added.)

Further, we recognize that the time D.L.H. spent in secure custody pending disposition is not the same as a term of juvenile confinement imposed under N.C.G.S. § 7B-2506(20). D.L.H.'s placement in a juvenile facility until disposition of her case was not a direct consequence of fighting at school or skipping classes. Rather, the placement was a reasonable exercise of the district court's discretion that was intended to serve D.L.H.'s best interests while the parties gathered information on how best to respond to her particular circumstances. In its 25 February 2008 order, the district court made the following findings of fact:

5. The mother of the juvenile informs the court that the juvenile comes and goes as she pleases. Her mother also indicates the juvenile ignores curfews.
6. That on January 3, 2008 the mother informed the court that she was not willing to have the juvenile home and needed help from the court. The juvenile was placed in detention pending disposition on January 31, 2008.

These findings are unchallenged on appeal and are therefore binding on this Court. E.g., In re J.D.B., 363 N.C. 664, 668, 686 *756 S.E.2d 135, 137 (2009) (citation omitted). D.L.H.'s mother was also concerned about the people with whom her daughter was associating, including a "much older" man who allegedly sold drugs.

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Related

McKeiver v. Pennsylvania
403 U.S. 528 (Supreme Court, 1971)
In Re Burrus
169 S.E.2d 879 (Supreme Court of North Carolina, 1969)
In Re Walker
191 S.E.2d 702 (Supreme Court of North Carolina, 1972)
In Re DLH
679 S.E.2d 449 (Court of Appeals of North Carolina, 2009)
State v. Jackson
546 S.E.2d 570 (Supreme Court of North Carolina, 2001)
Matter of Vinson
260 S.E.2d 591 (Supreme Court of North Carolina, 1979)
State v. Scoggin
72 S.E.2d 54 (Supreme Court of North Carolina, 1952)
In re J.D.B.
686 S.E.2d 135 (Supreme Court of North Carolina, 2009)
In re D.L.H.
694 S.E.2d 753 (Supreme Court of North Carolina, 2010)

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Bluebook (online)
694 S.E.2d 753, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dlh-nc-2010.