North Carolina § 7B-807 - Adjudication.

§ 7B-807. Adjudication.

If the court finds from the evidence, including stipulations by a party, that the allegations in the petition have been proven by clear and convincing evidence, the court shall so state. A record of specific stipulated adjudicatory facts shall be made by either reducing the facts to a writing, signed by each party stipulating to them and submitted to the court; or by reading the facts into the record, followed by an oral statement of agreement from each party stipulating to them. If the court finds that the allegations have not been proven, the court shall dismiss the petition with prejudice, and if the juvenile is in nonsecure custody, the juvenile shall be released to the parent, guardian, custodian, or caretaker. Repealed by Session Laws 2013-129, s. 21, effective October 1, 2013, and applicable to actions filed or pending on or after that date. The adjudicatory order shall be in writing and shall contain appropriate findings of fact and conclusions of law. The order shall be reduced to writing, signed, and entered no later than 30 days following the completion of the hearing. If the order is not entered within 30 days following completion of the hearing, the clerk of court for juvenile matters shall schedule a subsequent hearing at the first session of court scheduled for the hearing of juvenile matters following the 30-day period to determine and explain the reason for the delay and to obtain any needed clarification as to the contents of the order. The order shall be entered within 10 days of the subsequent hearing required by this subsection. History (1979, c. 815, s. 1; 1998-202, s. 6; 1999-456, s. 60; 2001-208, s. 17; 2001-487, s. 101; 2005-398, s. 3; 2010-90, s. 13; 2011-295, s. 6; 2013-129, s. 21.) Editor's Note. - Session Laws 2013-129, s. 41, made the repeal of subsection (a1) by Session Laws 2013-129, s. 21, applicable to actions filed or pending on or after October 1, 2013. Effect of Amendments. - Session Laws 2010-90, s. 13, effective July 11, 2010, added subsection (a1). Session Laws 2011-295, s. 6, effective October 1, 2011, and applicable to actions filed or pending on or after that date, in subsection (a), inserted "from the evidence, including stipulations by a party" in the first sentence, and added the second sentence. Session Laws 2013-129, s. 21, effective October 1, 2013, deleted subsection (a1) regarding placement of a name on the responsible individuals list. For applicability, see editor's note.