NC General Statutes

N.C. Gen. Stat. § 7B-2605 (2026)

Disposition pending appeal

✓ current as of July 2026
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Pending disposition of an appeal, the release of the juvenile, with or without conditions, should issue in every case unless the court orders otherwise. For compelling reasons which must be stated in writing, the court may enter a temporary order affecting the custody or placement of the juvenile as the court finds to be in the best interests of the juvenile or the State. (1979, c. 815, s. 1; 1987 (Reg. Sess., 1988), c. 1090, s. 12; 1998-202, s. 6.)

 

Notes of Decisions
Cited in 25 cases (2 in the last 5 years), 2002–2026 · leading case: In re G.C., 750 S.E.2d 548 (N.C. Ct. App. 2013).
In re G.C., 750 S.E.2d 548 (N.C. Ct. App. 2013). · cites it 7× “N.C. Gen. Stat § 7B-2605 (2011) requires the release of a juvenile pending appeal, unless written compelling reasons are provided by the trial court.”
In Re Jj, Jr., 717 S.E.2d 59 (N.C. Ct. App. 2011). · cites it 8× “In its Appellate Entries, the trial court failed to indicate whether the juvenile was to be released pending appeal pursuant to N.C. Gen.Stat. § 7B-2605, and the trial court listed "NA" in the space provided for "compelling reasons release is denied.”
In re J.J., 216 N.C. App. 366 (N.C. Ct. App. 2011). · cites it 8× “In its Appellate Entries, the trial court failed to indicate whether the juvenile was to be released pending appeal pursuant to N.C. Gen. Stat. § 7B-2605, and the trial court listed “NA” in the space provided for “compelling rea *369 sons release is denied.”
In Re J.L.B.M., 627 S.E.2d 239 (N.C. Ct. App. 2006). · cites it 4× “For compelling reasons which must be stated in writing, the court may enter a temporary order affecting the custody or placement of the juvenile as the court finds to be in the best interests of the juvenile or the State.”
In Re Lineberry, 572 S.E.2d 229 (N.C. Ct. App. 2002). · cites it 4× “N.C. Gen. Stat. § 7B-2605 (2001). In the instant case, the trial court held a hearing on the issue of juvenile’s release from custody pending appeal and found the following pertinent facts: 3.”
In Re Wh, 603 S.E.2d 356 (N.C. Ct. App. 2004). · cites it 6× “s three issues in this appeal: (I) the trial court erred in ordering the juvenile to a Level 3 disposition when the TOA stated his most restrictive disposition would be a Level 2; (II) the trial court failed to release the juvenile from custody pending his appeal, or failed to…”
In re W.H., 166 N.C. App. 643 (N.C. Ct. App. 2004). · cites it 6× “s three issues in this appeal: (I) the trial court erred in ordering the juvenile to a Level 3 disposition when the TOA stated his most restrictive disposition would be a Level 2; (II) the trial court failed to release the juvenile from custody pending his appeal, or failed to…”
In Re Jvj, 707 S.E.2d 636 (N.C. Ct. App. 2011). · cites it 4× “…reasons . . . the court may enter a temporary order affecting the custody or placement of the juvenile. . . ." N.C. Gen.Stat. § 7B-2605 (2009).”
In re K.T.L., 629 S.E.2d 152 (N.C. Ct. App. 2006). · cites it 6× “N.C. Gen.Stat. § 7B-2605 (2004). In the instant case, the trial court made, in writing, specific findings of fact and conclusions of law, stating that it was not in juvenile's best interest to return home at the present time, and that it was in his best interest to be placed in…”
In re J.V.J., 209 N.C. App. 737 (N.C. Ct. App. 2011). · cites it 4× “…reasons ... the court may enter a temporary order affecting the custody or placement of the juvenile . . . .” N.C. Gen. Stat. § 7B-2605 (2009).”
In Re Dremonda Eugene Rikard, 587 S.E.2d 467 (N.C. Ct. App. 2003). · cites it 4× “” N.C. Gen. Stat. § 7B-2605 (2001). Following “the affirmation of the order of adjudication or disposition of the court by the Court of Appeals .”
In re B.D.W., 625 S.E.2d 558 (N.C. Ct. App. 2006). · cites it 4× “'s continued detention pending appeal, pursuant to N.C. Gen.Stat. § 7B-2605 (2005). During that hearing, the State made an oral motion to amend the alleged defective kidnapping petitions to include the missing *562 element.”
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