N.C. Gen. Stat. » Chapter 7B

N.C. Gen. Stat. § 7B-802

Conduct of hearing

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The adjudicatory hearing shall be a judicial process designed to adjudicate the existence or nonexistence of any of the conditions alleged in a petition. In the adjudicatory hearing, the court shall protect the rights of the juvenile and the juvenile's parent to assure due process of law. (1979, c. 815, s. 1; 1998-202, s. 6; 1999-456, s. 60.)

 

Notes of Decisions
Cited in 60 cases (22 in the last 5 years), 2002–2026 · leading case: In Re Shaw
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In Re Shaw (2002) ncctapp · cites it 12× “N.C. Gen.Stat. § 7B-802 (2001); see Thrift v.”
In re A.B. (2006) ncctapp · cites it 4× “N.C. Gen.Stat. § 7B-802 (2005) states that "[t]he adjudicatory hearing shall be a judicial process designed to adjudicate the existence or nonexistence of any of the conditions alleged in a petition.”
In re R.B.B. (2007) ncctapp · cites it 5× “" N.C. Gen.Stat. § 7B-802 (2005). The allegations in the petition must be proved by clear and convincing evidence.”
In re: K.P. & C.P. (2016) ncctapp · cites it 6× “Legal Principles and Standard of Review When a juvenile is alleged to be abused, neglected, or dependent, N.C. Gen. Stat. § 7B-802 (2015) requires the court to conduct an "adjudicatory hearing" in the form of "a judicial process designed to adjudicate the existence or…”
In re D.C. (2007) ncctapp · cites it 3× “N.C. Gen.Stat. § 7B-802 provides that an adjudicatory hearing is "designed to adjudicate the existence or nonexistence of any of the conditions alleged in a petition.”
In re: K.B. (2017) ncctapp · cites it 2× “" N.C. Gen. Stat. § 7B-802 (2015) (emphasis added).”
In re L.T.R. (2007) ncctapp · cites it 2× “, the finding of fact and conclusion of law regarding the bathing routine were erroneously entered because they were outside the scope of the petition.”
In re: J.R., A.R. (2016) ncctapp · cites it 4× “" N.C. Gen. Stat. § 7B-802 (2015). This Court previously concluded that the removal of the reference to the "privilege against self-incrimination" defeated a respondent's contention that the privilege was protected by the statute.”
In re T.B. (2010) ncctapp · cites it 2× “” N.C. Gen. Stat. § 7B-802. If the court finds that the allegations in the petition have been proven by clear and convincing evidence, the court shall so state.”
In re J.N.S. (2010) ncctapp · cites it 2× “” N.C. Gen. Stat. § 7B-802 (2009). At the completion of the adjudicatory hearing, [i]f the court finds that the allegations in the petition have been proven by clear and convincing evidence, the court shall so state.”
In re: J.R. (2015) ncctapp · cites it 2× “]"); see also N.C. Gen.Stat. § 7B-802 (2013). Our Supreme Court has characterized parental behavior constituting "neglect" as "either severe or dangerous conduct or a pattern of conduct either causing injury or potentially causing injury to the juvenile.”
In re: T.P., T.P. (2017) ncctapp · cites it 2× “See N.C. Gen. Stat. § 7B-802 (2015). *293 Article 8 also makes the filing of a verified petition a mandatory prerequisite to such a hearing, stating, in pertinent part, that an adjudicatory hearing "shall be a judicial process designed to adjudicate the existence or nonexistence…”
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