In the Matter of D.K., 200 N.C. App. 785 (2009)

The trial court committed reversible error by stating ambiguously which standard of proof it applied, referring in its order both to facts proven beyond a reasonable doubt and to the state’s having shown by clear and convincing evidence that the juvenile committed the act. Pursuant to G.S. 7B-2409, the allegations in a petition must be proven beyond a reasonable doubt. G.S. 7B-2411 further provides that if the court finds the allegations have been proven beyond a reasonable doubt, “the court shall so state in a written order.” Because the order contained conflicting standards of proof and the judge who presided at trial was no longer on the district court bench, a new trial was ordered.