NC General Statutes

N.C. Gen. Stat. § 7B-2409 (2026)

Quantum of proof in adjudicatory hearing

✓ current as of July 2026
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The allegations of a petition alleging the juvenile is delinquent shall be proved beyond a reasonable doubt. The allegations in a petition alleging undisciplined behavior shall be proved by clear and convincing evidence. (1979, c. 815, s. 1; 1998-202, s. 6.)

 

Notes of Decisions
Cited in 26 cases (6 in the last 5 years), 2001–2026 · leading case: In re T.T.E., 831 S.E.2d 293 (N.C. 2019).
In re T.T.E., 831 S.E.2d 293 (N.C. 2019). · cites it 6× “See N.C.G.S. § 7B-2409 (2017) (“The allegations of a petition alleging the juvenile is delinquent shall be proved beyond a reasonable doubt.”
In Re Eades, 547 S.E.2d 146 (N.C. Ct. App. 2001). · cites it 3× “§ 7A-635 (1995) (repealed 1 July 1999); see also, N.C.G.S. § 7B-2409 (1999). “If the judge finds that the allegations in the petition have been proved as provided in G.”
In re: I.W.P., 815 S.E.2d 696 (N.C. Ct. App. 2018). · cites it 3× “" N.C. Gen. Stat. § 7B-2409 (2017). 3 Specific Level 1 Community Dispositions were entered pursuant to N.”
In re B.E., 652 S.E.2d 344 (N.C. Ct. App. 2007). · cites it 3× “" N.C. Gen.Stat. § 7B-2409 (2005). Further, "[i]f the court finds that the allegations in the petition have been proved as provided in G.”
In Re Jj, Jr., 717 S.E.2d 59 (N.C. Ct. App. 2011). · cites it 2× “N.C. Gen.Stat. § 7B-2409 (2009). In the present case, the trial court conducted a probable cause hearing over the course of two days on 25-26 August 2010.”
In re J.J., 216 N.C. App. 366 (N.C. Ct. App. 2011). · cites it 2× “N.C. Gen. Stat. § 7B-2409 (2009). In the present case, the trial court conducted a probable cause hearing over the course of two days on 25-26 August 2010.”
In re C.B., 654 S.E.2d 21 (N.C. Ct. App. 2007). · cites it 2× “Viewing the evidence in the light most favorable to the State, there was substantial evidence that the juvenile was the perpetrator of the assault.”
In re D.K., 684 S.E.2d 522 (N.C. Ct. App. 2009). · cites it 4× “” N.C. Gen. Stat. § 7B-2409 (2005). Further, “[i]f the court finds that the allegations in the petition have been proved as provided in G.”
In Re Dremonda Eugene Rikard, 587 S.E.2d 467 (N.C. Ct. App. 2003). “Our statute requires that “[i]f the court finds that the allegations in the petition have been proven as provided in G.S. 7B-2409, the court shall so state.” N.”
In re S.M., 660 S.E.2d 653 (N.C. Ct. App. 2008). · cites it 2× “Pursuant to N.C. Gen.Stat. § 7B-2409 (2007), "[t]he allegations of a petition alleging the juvenile is delinquent shall be proved beyond a reasonable doubt.”
In re D.J.M., 638 S.E.2d 610 (N.C. Ct. App. 2007). · cites it 3× “Section 7B-2510 is located in Article 25, which concerns "Dispositions.”
In re K.M.M., 774 S.E.2d 430 (N.C. Ct. App. 2015). “*29 This Court has stated that this statute does not require the trial court to delineate each element of an offense and state in writing the evidence which satisfies each *433 element, and we recognize that section 7B-2411 does not specifically require that an adjudication…”
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