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IN RE M.A.R

North Carolina Court of Appeals.
Mar 4, 2008

ARROWOOD, Judge.

Juvenile appeals from orders (1) adjudicating him delinquent upon his admission to breaking and entering a motor vehicle and (2) committing him to the Department of Juvenile Justice and Delinquency Prevention.

Juvenile contends, and the State concedes, that the court failed to make sufficient findings of fact to support its disposition. The Juvenile Code mandates that the District Court "shall select a disposition that is designed to protect the public and to meet the needs and best interests of the juvenile, based upon:

(1) The seriousness of the offense;
(2) The need to hold the juvenile accountable;
(3) The importance of protecting the public safety;
(4) The degree of culpability indicated by the circumstances of the particular case; and
(5) The rehabilitative and treatment needs of the juvenile indicated by a risk and needs assessment."

N.C. Gen. Stat. § 7B-2501(c) (2007). "The dispositional order shall be in writing and shall contain appropriate findings of fact and conclusions of law." N.C. Gen. Stat. § 7B-2512 (2007). The findings of fact must support the disposition ordered by the court. In re Ferrell, 162 N.C. App. 175, 177, 589 S.E.2d 894, 895 (2004) .

In the case at bar the court used a preprinted form order entitled "JUVENILE LEVEL 3 DISPOSITION AND COMMITMENT ORDER (WHEN DELINQUENT OFFENSE IS THE BASIS OF THE COMMITMENT) (Form AOC-J-462, Rev. 4/06)." The court completed boxes or blanks whereby it found that the offense was a Class I felony, that juvenile was on probation at the time this offense was committed, and that juvenile was adjudicated delinquent on 28 February 2005 for larceny of a motor vehicle. The court further found that the juvenile's delinquency points are "4" and that his delinquency history is "high." The court also checked the box indicating that it received and considered a predisposition report but it did not check the box incorporating the predisposition report by reference. The court also did not attach the predisposition report to the order. The court left blank the space provided for the making of findings of fact regarding the dispositional factors listed in N.C. Gen. Stat. § 7B-2501(c). The court made no other findings of fact.

We conclude that the findings of fact are inadequate to support the disposition. The order is therefore reversed and the matter is remanded for a new dispositional hearing.

Reversed and remanded. Judges MCGEE and STROUD concur.

Report per Rule 30(e).