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In re Z.T.W.

Court of Appeals of North Carolina

December 31, 2014

IN THE MATTER OF Z.T.W

Heard in the Court of Appeals 19 November 2014.

Review stemming from the allowance of a petition for the issuance of a writ of certiorari filed by juvenile for the purpose of challenging orders entered 18 March 2014 and 21 April 2014 by Judge Vershenia B. Moody in Northampton County District Court.

Editorial Note:

This Decision is not final until expiration of the twenty-one day rehearing period. [North Carolina Rules of Appellate Procedure 32(b)]

Northampton County. No. 13 JB 33.

AFFIRMED.

Attorney General Roy Cooper, by Special Deputy Attorney General Stephanie A. Brennan, for the State.

Richard Croutharmel for the juvenile.

ERVIN, Judge. Judges ELMORE and DAVIS concur.

OPINION

ERVIN, Judge.

Juvenile Z.T.W. appeals from orders finding him to be in willful violation of his juvenile probation, ordering that he be placed in an out-of-home placement, and requiring that he be held in secure custody pending placement out of his home. On appeal, Juvenile contends that the trial court erred by finding that he had violated the terms and conditions of his probation based solely on hearsay evidence, finding that he had willfully violated the terms and conditions of his probation without adequately considering Juvenile's federally recognized disability, and ordering that Juvenile be held in secure custody pending placement outside his home despite the fact that the evidence did not support the trial court's decision to place Juvenile in secure custody and the fact that the trial court's dispositional order lacked adequate findings of fact. After careful consideration of Juvenile's challenges to the trial court's orders in light of the record and the applicable law, we conclude that the trial court's orders should be affirmed.

I. Factual Background

On 1 November 2013, the Department of Juvenile Justice and Delinquency Prevention filed petitions alleging that Juvenile should be adjudicated a delinquent juvenile based upon the commission of two simple assaults. On 19 November 2013, Judge W. Rob Lewis entered orders adjudicating Juvenile to be a delinquent juvenile based upon a finding that he had committed two simple assaults and placing Juvenile on juvenile probation for 12 months subject to certain terms and conditions. On 16 December 2013, DJJDP filed two more juvenile petitions alleging that Juvenile should be adjudicated a delinquent juvenile for committing the offenses of injury to real property and assault with a deadly weapon. On 20 December 2013, DJJDP filed a juvenile petition alleging that Juvenile should be adjudicated a delinquent juvenile for committing the offense of communicating threats. On 21 January 2014, Juvenile admitted to having committed the offenses of injury to real property and communicating threats in return for the State's agreement to dismiss the petition alleging that he had committed the offense of assault with a deadly weapon. After accepting Juvenile's admission, Judge Lewis entered orders adjudicating Juvenile to be a delinquent juvenile based upon the commission of the offenses of injury to real property and communicating threats and placing Juvenile on juvenile probation for an additional period of 12 twelve months.

On 10 March 2014, DJJDP filed a motion for review alleging that Juvenile had willfully violated the terms and conditions of his probation by failing to regularly attend school, being suspended from school, and threatening a teacher. On 18 March 2014, the trial court entered an order finding that Juvenile had willfully violated the terms and conditions of his juvenile probation. On 21 April 2014, the trial court entered a supplemental order providing that Juvenile should be placed out of his home and that, pending his transition to the ...


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