In the Matter of D.L.H., 198 N.C. App. 286 (2009), rev’d on other grounds, 364 N.C. 214 (2010)
Held:
Affirmed in Part
Reversed in Part
The trial court erred in refusing to consider the juvenile’s motion for release from secure custody and by failing to entertain the juvenile’s motion for a custody review hearing on the ground that the judge did not have the authority to modify the order of another judge. G.S. 7B-1906(b), relating to periodic hearings to determine the need for continued secure custody, applies to secure custody that is ordered pending disposition pursuant to G.S. 7B-1903. While in detention pending disposition, the juvenile was entitled to a hearing at least every 10 calendar days unless she waived the hearing or was released.
Category:
Pre-AdjudicationStage:
Secure CustodyTopic:
Custody Review Hearings