IN THE MATTER OF: Alamance County
No. 99 J 7003
J.O.J.
Attorney General Roy A. Cooper, III, by Assistant Attorney
General Dana F. Barksdale, for the State.
Gilda C. Rodriguez for juvenile-appellant.
HUNTER, Judge.
Juvenile appeals from orders of adjudication and disposition
of the trial court. Juvenile contends the trial court erred by
failing to specify in the disposition order that his commitment was
for a maximum term of six months. Juvenile further argues the
trial court erred in denying his release pending appeal. For the
reasons stated herein, we affirm the orders of the trial court, but
remand for correction of a clerical error.
Juvenile has a history of delinquency. On 20 January 2005,
the trial court held an adjudication hearing, following which
juvenile was adjudicated undisciplined for running away from home
and delinquent for possession of marijuana, communicating threats,
assault, and a probation violation. At the hearing, the trial
court informed juvenile that he would be committed to a youthdevelopment center for a minimum and maximum of six months. The
written disposition order, however, states that the commitment is
“indefinite.” Upon expiration of the six-month term of commitment,
juvenile's treatment team at the youth development center agreed
that his “time in the YDC placement [should] be extended beyond 6
months because of his lack of progress emotionally, psychologically
and behaviorally.” A letter was sent to juvenile's mother
explaining the decision to prolong juvenile's commitment for
further rehabilitation and informing her of her right to have the
extension reviewed by a trial court. Juvenile's mother did not
respond to the letter. Juvenile appeals.
By his first assignment of error, juvenile argues the trial
court erred in committing him to an indefinite period of time,
rather than a six-month maximum term. Juvenile relies upon N.C.
Gen. Stat. § 7B-2513(a) (2005) which states in pertinent part that:
No juvenile shall be committed to a youth
development center beyond the minimum
six-month commitment for a period of time in
excess of the maximum term of imprisonment for
which an adult in prior record level VI for
felonies or in prior conviction level III for
misdemeanors could be sentenced for the same
offense, except when the Department pursuant
to G.S. 7B-2515 determines that the juvenile's
commitment needs to be continued for an
additional period of time to continue care or
treatment under the plan of care or treatment
developed under subsection (f) of this
section. At the time of commitment to a youth
development center, the court shall determine
the maximum period of time the juvenile may
remain committed before a determination must
be made by the Department pursuant to G.S.
7B-2515 and shall notify the juvenile of that
determination.
Id. Juvenile argues he has been kept in custody in excess of the
maximum term allowed by section 7B-2513(a).
The State agrees with juvenile that the maximum commitment
period was six months and does not contest a remand to the trial
court for correction of the clerical error in the order of
disposition. The State notes that the disposition order must
conform to the order the trial court verbalized at the hearing.
The State points to testimony at the hearing which shows that all
parties understood that juvenile's commitment was for a maximum of
six months. As to juvenile's commitment beyond the six-month
period, the State notes that section 7B-2513 allows a commitment to
be administratively extended if there is a need for continued care
or treatment. N.C. Gen. Stat. § 7B-2513(a). Here, juvenile's
treatment team agreed that he needed additional rehabilitation and
that his commitment should be extended “because of [juvenile's]
lack of progress emotionally, psychologically and behaviorally.”
Juvenile's mother failed to contest the treatment team's decision
to extend juvenile's commitment.
We agree with the State that the trial court's error here was
a clerical one, and that the administrative extension of juvenile's
commitment was permitted pursuant to section 7B-2513(a). Although
the error by the trial court was harmless, we remand for correction
of the clerical error. See In re J.L.B.M., ___ N.C. App. ___, ___,
627 S.E.2d 239, 248 (2006) (“[w]hile the trial court made the
proper finding orally that commitment would not exceed the
juvenile's eighteenth birthday, this term was omitted from thewritten order. . . . Accordingly, we remand to the trial court
with instructions to correct the clerical error on the commitment
order”).
Juvenile further contends that the trial court erred in
denying his release pending appeal.
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.
N.C. Gen. Stat. § 7B-2605 (2005). The trial court here made no
findings regarding its decision to maintain custody of juvenile
pending his appeal.
As the State correctly notes, this issue is now moot. The
record affirmatively reflects the fact that juvenile has already
served his six-month time period. Any extension of juvenile's
commitment has been an administrative one over which we do not have
jurisdiction. See In re W.H., 166 N.C. App. 643, 648, 603 S.E.2d
356, 360 (2004) (holding that the failure of the trial court to
make findings regarding denial of its release of the juvenile
pending appeal was moot in light of the fact that the juvenile had
already served his Level 3 disposition); In re Lineberry, 154 N.C.
App. 246, 256, 572 S.E.2d 229, 236 (2002) (stating that “we are
aware of the likelihood that the passage of time may have rendered
the issue of [the] juvenile's custody pending appeal moot”). In conclusion, we affirm the orders of adjudication and
disposition of the trial court, but we remand the order of
disposition by the trial court for correction of a clerical error.
Affirmed, remanded in part for correction of clerical error.
Judges McGEE and STEPHENS concur.
Report per Rule 30(e).
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