(a) If the court finds from the evidence, including stipulations by a party, that the allegations in the petition have been proven by clear and convincing evidence, the court shall so state. A record of specific stipulated adjudicatory facts shall be made by either reducing the facts to a writing, signed by each party stipulating to them and submitted to the court; or by reading the facts into the record, followed by an oral statement of agreement from each party stipulating to them. If the court finds that the allegations have not been proven, the court shall dismiss the petition with prejudice, and if the juvenile is in nonsecure custody, the juvenile shall be released to the parent, guardian, custodian, or caretaker.
(a1) Repealed by Session Laws 2013-129, s. 21, effective October 1, 2013, and applicable to actions filed or pending on or after that date.
(b) The adjudicatory order shall be in writing and shall contain appropriate findings of fact and conclusions of law. The order shall be reduced to writing, signed, and entered no later than 30 days following the completion of the hearing. If the order is not entered within 30 days following completion of the hearing, the clerk of court for juvenile matters shall schedule a subsequent hearing at the first session of court scheduled for the hearing of juvenile matters following the 30-day period to determine and explain the reason for the delay and to obtain any needed clarification as to the contents of the order. The order shall be entered within 10 days of the subsequent hearing required by this subsection. (1979, c. 815, s. 1; 1998-202, s. 6; 1999-456, s. 60; 2001-208, s. 17; 2001-487, s. 101; 2005-398, s. 3; 2010-90, s. 13; 2011-295, s. 6; 2013-129, s. 21.)
Notes of Decisions
Cited in
120
cases (
26 in the last 5 years), 2000–2026 · leading case:
In re T.H.T.
In re T.H.T. (2007)
ncctapp · cites it 56×
“Respondent-Mother argues that the trial court erred (1) in not entering its adjudication and disposition order within the thirty-day requirement; and (2) in not holding a subsequent hearing to determine and explain the reason for the delay.”
In re T.H.T. (2008)
nc · cites it 25×
“The trial court relieved DSS and the guardian ad litem of any further involvement in the case. The trial court, however, did not enter a written order reflecting its adjudication and disposition of T.”
In re L.E.B. (2005)
ncctapp · cites it 10×
“During the same session, the legislature also amended N.C. Gen. Stat. §§ 7B-807 and 7B-905 to include similar requirements for the entry of juvenile adjudication and disposition orders.”
In Re O.W. (2004)
ncctapp · cites it 8×
“N.C. Gen. Stat. § 7B-807 requires the trial court to affirmatively state that the allegations in the petition have been proven by clear and convincing evidence.”
In Re Clark (2003)
ncctapp · cites it 5×
“Although not applicable to this case, we note section 7B-807 was amended to add subsection (b), effective 1 January 2002, and now requires the adjudicatory order to be reduced to writing, signed, and filed within 30 days following the completion of the hearing.”
In re E.N.S. (2004)
ncctapp · cites it 4×
“Nevertheless, respondent contends the trial court erred by not orally stating at the adjudication hearing whether “the allegations in the petition have been proven by clear and convincing evidence []” pursuant to N.C. Gen. Stat. § 7B-807(a) (2003). While the trial court did not…”
In re B.P. (2005)
ncctapp · cites it 6×
“Entry of Order Respondent contends the trial court erred by failing to enter the order within thirty days of the permanency planning hearing pursuant to N.C. Gen.Stat. § 7B-807(b) and § 7B-905(a).”
In re D.C. (2007)
ncctapp · cites it 4×
“§ 7B-802 provides that an adjudicatory hearing is "designed to adjudicate the existence or nonexistence of any of the conditions alleged in a petition. " (Emphasis added.”
In re A.S. (2008)
ncctapp · cites it 4×
“Pursuant to N.C. Gen.Stat. § 7B-807 (2007), the court is required to recite the standard of proof the court relied on in its determination of neglect.”
In re A.D.L. (2005)
ncctapp · cites it 3×
“N.C.G.S. § 7B-807(b) (2003). The dispositional order shall be in writing, signed, and entered no later than 30 days from the completion of the hearing, and shall contain appropriate findings of fact and conclusions of law.”
In re: K.P. & C.P. (2016)
ncctapp · cites it 6×
“Moreover, the trial court may accept a stipulation to adjudicatory facts only as follows: A record of specific stipulated adjudicatory facts shall be made by either reducing the facts to a writing, signed by each party stipulating to them and submitted to the court; or by…”
In re T.M. (2006)
ncctapp · cites it 2×
“See N.C. Gen.Stat. § 7B-807(b) (2005) (an "adjudicatory order shall be in writing and shall contain appropriate findings of fact and conclusions of law"); In re Bullabough, 89 N.”
— N.C. Gen. Stat. § 7B-807(a) — 31 cases
In re D.C. (2007)
ncctapp
“§ 7B-802 provides that an adjudicatory hearing is "designed to adjudicate the existence or nonexistence of any of the conditions alleged in a petition. " (Emphasis added.”
In re E.N.S. (2004)
ncctapp
“Nevertheless, respondent contends the trial court erred by not orally stating at the adjudication hearing whether “the allegations in the petition have been proven by clear and convincing evidence []” pursuant to N.C. Gen. Stat. § 7B-807(a) (2003). While the trial court did not…”
In re: K.P. & C.P. (2016)
ncctapp
“Moreover, the trial court may accept a stipulation to adjudicatory facts only as follows: A record of specific stipulated adjudicatory facts shall be made by either reducing the facts to a writing, signed by each party stipulating to them and submitted to the court; or by…”
— N.C. Gen. Stat. § 7B-807(b) — 57 cases
In re T.H.T. (2007)
ncctapp
“Respondent-Mother argues that the trial court erred (1) in not entering its adjudication and disposition order within the thirty-day requirement; and (2) in not holding a subsequent hearing to determine and explain the reason for the delay.”
In re T.H.T. (2008)
nc
“The trial court relieved DSS and the guardian ad litem of any further involvement in the case. The trial court, however, did not enter a written order reflecting its adjudication and disposition of T.”
In re L.E.B. (2005)
ncctapp
“During the same session, the legislature also amended N.C. Gen. Stat. §§ 7B-807 and 7B-905 to include similar requirements for the entry of juvenile adjudication and disposition orders.”
In re B.P. (2005)
ncctapp
“Entry of Order Respondent contends the trial court erred by failing to enter the order within thirty days of the permanency planning hearing pursuant to N.C. Gen.Stat. § 7B-807(b) and § 7B-905(a).”
In Re Clark (2003)
ncctapp
“Although not applicable to this case, we note section 7B-807 was amended to add subsection (b), effective 1 January 2002, and now requires the adjudicatory order to be reduced to writing, signed, and filed within 30 days following the completion of the hearing.”
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