Violation of an Undisciplined Court Order Resulting in Delinquency Adjudication

Is it legally permissible to adjudicate a juvenile delinquent based on that juvenile’s violation of an order for protective supervision in an undisciplined matter? The North Carolina Court of Appeals says yes. The court upheld the practice of adjudicating a juvenile delinquent following an admission to indirect contempt related to violation of an order issued in an undisciplined case in In re B.W.C., 2022-NCCOA-590 (September 6, 2022). This post details the court’s holding and explores ramifications of the decision. The Facts of In re B.W.C. The juvenile, age 15, was adjudicated undisciplined in April of 2021 based on 58 unexcused school absences. He was given a contempt warning in open court following adjudication. A second order issued by the court on the date of the adjudication included that the juvenile was to attend school daily; have no unexcused absences, tardies, or suspensions; and complete all assigned schoolwork. This order included that the juvenile verbally acknowledged his understanding that violation of the conditions could result in being held in contempt. The related dispositional order, entered in June of 2021, placed the juvenile on protective supervision and required him to comply with a list of conditions that included regular school attendance. It also provided that the contempt warning provided after adjudication remained in effect. A delinquency petition was filed in August of 2021 alleging that the juvenile had three unexcused absences and was therefore in violation of the contempt warning contained in the undisciplined dispositional order. The juvenile filed a motion to dismiss, [...]