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Writing Good Court Orders in Juvenile Cases District Court Judges’ Conference June 16, 2004

Writing Good Court Orders in Juvenile Cases District Court Judges’ Conference June 16, 2004. Janet Mason Institute of Government The University of North Carolina at Chapel Hill. Key Questions. Subject Matter Jurisdiction UCCJEA In tpr, child in the state when petition filed

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Writing Good Court Orders in Juvenile Cases District Court Judges’ Conference June 16, 2004

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  1. Writing Good Court Orders in Juvenile CasesDistrict Court Judges’ ConferenceJune 16, 2004 Janet Mason Institute of Government The University of North Carolina at Chapel Hill

  2. Key Questions • Subject Matter Jurisdiction • UCCJEA • In tpr, child in the state when petition filed • Petitioner has standing

  3. 2. Personal Jurisdiction • Service of process • “Diligent efforts” if by publication • “Minimum contacts” if *tpr *out-of-state parent *of legitimate child (or involved parent)

  4. 3. Evidence Supports Findings Each finding supported by • Competent evidence • In the record

  5. 4. Findings Support Conclusion: • Child is abused or neglected • A ground for tpr exists • The juvenile is delinquent • Disposition is in child’s best interest

  6. 5. Legal Authority • In re Brownlee (1981) • In re Doe (1991) • In re Autry (1995) • In re Cogdill (2000)

  7. 6. Exercise of Discretion Has the court exercised discretion in a reasoned (not arbitrary) way? • In re Ferrell (2004)

  8. Other Questions • What statute applies? • Have all statutory requirements about contents been satisfied? • Will the parties understand?

  9. Entry of Order • Preparation • Rule 58: signed and filed with clerk • Timing (30-day rule) • Service on parties • Distribution • Local rules

  10. Suggestions • Beginning • Structuring • Incorporation by reference • Judicial notice • Specificity • Ending

  11. Definite Commitment ONLY if juvenile: • is 14 or older, and • previously has been * adjudicated for 2 or more felonies and * committed to youth develop. center Term must be • at least 6 months and • not more than 2 years.

  12. Rick B. • Committed for indefinite term of at least 6 months. • Cannot be kept past 19th birthday. • Without prior notice and chance for hearing, cannot be kept past earliest of • 18th birthday • Maximum an adult could be incarcerated

  13. If first degree rape: • Indefinite term of at least 6 months. • Cannot be kept past 21st birthday. • Without prior notice and chance for hearing, cannot be kept past earliest of • 18th birthday • Maximum an adult could be incarcerated

  14. Jeremy C. • Indefinite term of at least 6 months. • Cannot be kept past 18th birthday. • Without prior notice and chance for hearing, cannot be kept past the latter of • 6 months • the maximum an adult could be incarcerated.

  15. After adjudication, the court has jurisdiction until • juvenile is 18 [or 19 or 21 if extended in eligible cases] or • the court terminates jurisdiction. Whichever is earlier.

  16. AFFIRMED

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