In re J.L.H.

750 S.E.2d 197, 230 N.C. App. 214, 2013 WL 5912052, 2013 N.C. App. LEXIS 1155
CourtCourt of Appeals of North Carolina
DecidedNovember 5, 2013
DocketNo. COA13-385
StatusPublished
Cited by3 cases

This text of 750 S.E.2d 197 (In re J.L.H.) is published on Counsel Stack Legal Research, covering Court of Appeals 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 J.L.H., 750 S.E.2d 197, 230 N.C. App. 214, 2013 WL 5912052, 2013 N.C. App. LEXIS 1155 (N.C. Ct. App. 2013).

Opinion

ERVIN, Judge.

Juvenile J.L.H.1 appeals from an order denying his motion to be released from commitment entered on 19 November 2012. On appeal, James argues that the trial court erred by denying his motion for release on the grounds that the Division of Juvenile Justice failed to comply with the notice requirements set out in N.C. Gen. Stat. § 7B-2515(a) at the time that it extended the duration of his commitment period.2 After [215]*215careful consideration of James’ challenges to the trial court’s order in light of the record and the applicable law, we conclude that the Division of Juvenile Justice failed to comply with the applicable notice requirement at the time that it extended his commitment period, so that the trial court’s order denying his motion for release should be reversed and this case remanded to the Nash County District Court for further proceedings not inconsistent with this opinion.

I. Factual Background

A. Substantive Facts

On 9 March 2012, four petitions alleging that James should be adjudicated a delinquent juvenile on the basis of allegations that he had committed the offenses of possession of a Schedule VI controlled substance with the intent to sell or deliver; resisting, delaying, or obstructing an officer; possession of a firearm by a minor; and carrying a concealed weapon were filed. On 15 May 2012, the trial court adjudicated James as a delinquent juvenile after finding beyond a reasonable doubt that he had committed the offenses of possession of a handgun by a minor and carrying a concealed weapon and determining that the possession of a Schedule VI controlled substance with the intent to sell or deliver and resisting, delaying, and obstructing an officer charges should be dismissed. At the dispositional stage of the proceeding, the trial court ordered that James be committed to the custody of the Department of Juvenile Justice for placement in a youth development center for a maximum period of six months. As a result, in the absence of a valid extension, James’ six-month commitment period was scheduled to expire on 15 November 2012.

On 15 October 2012, Sonynia Stancil, who served as James’ court counselor; Randy Krank, a social worker at the Youth Development Center; and other members of James’ treatment team held a meeting with James during which they decided to seek an extension of James’ commitment period on the grounds that James was displaying escalating behavioral problems and needed further treatment. More specifically, given that James had acted in a belligerent manner towards members of the facility’s staff and other students, his treatment team believed that he needed additional counseling for the purpose of addressing his inability to interact with his peers and with members of the institution staff in a positive manner.

In spite of the fact that James’ father was subject to an order requiring him to attend all service plan meetings, he was unable to attend the 15 October 2012 meeting as the result of transportation and work-related [216]*216difficulties. Although James’ father had requested the Division of Juvenile Justice to provide him with transportation assistance, he did not receive any assistance in addressing these problems. As a result, James’ father received permission from Mr. Krank to participate in the service plan meeting by telephone. James’ father did not know before the meeting that a request for the extension of James’ commitment period would be proposed.

At the service planning meeting, James’ father was orally informed of the treatment team’s recommendation that James’ commitment period be extended, the reasons which underlay this recommendation, and the nature of the treatment that the team recommended that James receive during this additional commitment period. After learning of this recommendation, James’ father objected to the proposed extension of James’ commitment period on the grounds that the treatment team’s recommendation effectively punished James because his father had not been able to attend the meeting. At some point during the meeting, the telephone connection between James’ father and the treatment team was disconnected for reasons relating to James’ father’s employment obligations.

James was provided with a copy of the notes on the proposed extension plan dining the treatment team meeting. Had James’ father been physically present at the meeting, he would have received a copy of these notes as well. On 17 October 2012, Mr. Krank submitted a formal request for a three month extension of James’ commitment period for approval. On 23 October 2012, the extension review committee and Katherine Dudley, who served as the Director of Youth Development Centers for the Division of Juvenile Justice, approved an extension of James’ commitment period of no more than six months. Written notice of the extension was mailed to James’ parents after the request for an extension of James’ commitment period had received official approval. According to Mr. Krank, written notice could not have been mailed to a juvenile’s parents prior to official approval of the recommendation request because the ultimate extension plan might, as it did in this instance, change during the approval process. James’ attorney did not receive a copy of the extension plan until the morning of the 19 November 2012 hearing.

B. Procedural History

On 24 October 2012, the Division of Juvenile Justice filed a motion for review requesting approval of the extension of James’ commitment period. On 5 November 2012, James filed amotion seeking to be released from his commitment on the grounds that the Division had failed to provide written notice of the proposed extension of the commitment period [217]*217to James and his parents at least 30 days before the last day of his existing commitment period as required by N.C. Gen. Stat. § 7B-2515 and that James had served the maximum term of his initial commitment period.

On 7 November 2012, a hearing was held for the purpose of addressing the issues raised by James’ motion for release from commitment. At the conclusion of the hearing, the trial court entered a written order denying James’ motion on the grounds that the notice given to James’ father over the telephone during the 15 October 2012 meeting constituted sufficient compliance with the notice provisions of N.C. Gen. Stat. § 7B-2515(a). According to the trial court, “[w]hile not in writing, notice to the Juvenile’s parent of the Division’s intent to extend the Juvenile’s term of commitment was properly given by telephone communication on October 15, 2012 in compliance with the terms of N.C. [Gen. Stat.] § 7B-2515.” James noted an appeal to this Court from the trial court’s order. After being released from the custody of the Division of Juvenile Justice in March 2013, James was placed on one year of post-release supervision.

II. Substantive Legal Analysis

In his brief, James argues that the trial court erroneously denied his motion for release on the grounds that the Division of Juvenile Justice violated the notice provisions set out in N.C. Gen. Stat. § 7B-2515(a) in the course of obtaining the extension of his commitment period. More specifically, James argues that his period of commitment was unlawfully extended because the Division failed to provide him and his parents with written notice of the Division’s extension plan at least 30 days prior to the end of his maximum commitment period.

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Cite This Page — Counsel Stack

Bluebook (online)
750 S.E.2d 197, 230 N.C. App. 214, 2013 WL 5912052, 2013 N.C. App. LEXIS 1155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jlh-ncctapp-2013.