STATE OF NORTH CAROLINAFILE NO.
COUNTY OF DURHAM
IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
IN THE MATTER OF:
______ORDER
______
This matter was heard by the undersigned judge on ______, on a juvenile delinquency/undisciplined petition/ at a detention hearing.
PARTIES
Assistant District Attorney
______
Child’s Attorney______, Esquire
Parent:______
______
Juvenile Court Counselor: ______
DSS:______, Social Worker
______, Deputy County Attorney
Other:______
______
From The Evidence Presented, The Court Makes The Following
FINDINGS OF FACT
1. The child has been adjudicated a delinquent/undisciplined juvenile as follows:
______
______
______.
2. As further findings of fact, the Court incorporates by reference the attached juvenile court disposition order.
3. To prevent or eliminate the need for the child to be placed outside the home, DSS offered to find relative placements, offered the following services to the family,______, and ______.
QThe child and the parent/custodian/guardian declined services and family placement.
Q Due to the lack of previous information about the needs of the child, DSS was unable to evaluate relative or offer appropriate services to the child and family.
Q4.The child is refusing to return home.
Q5.The parent or caretaker is refusing to allow the child to return home or consents to the placement of the child in the legal custody of Durham DSS.
Q6.There is no parent for the child in that:
7.Continuation in the home is contrary to the welfare of the child because ______.
Q8.There is no relative or family friend who is willing to provide care for the child or has the ability to provide appropriate care for the child.
Based Upon The Foregoing Findings Of Fact, The Court Makes The Following
CONCLUSIONS OF LAW
1. The Court has jurisdiction over the subject matter and over the parties to this matter.
Q2. The child is a Q neglected Q dependent child.
3.It is in the best interests of the child that he/she be placed in the legal custody of DSS with placement authority in that agency including the authority to place in foster care.
3.It is in the best interests of the child that the parties comply with the Order of the Court.
4.QDurham DSS has made reasonable efforts to prevent or eliminate the need for the child to be placed outside the home; however, placement outside the home is in the best interests of the child.QEfforts to prevent the need for the child's placement were precluded by an immediate threat of harm to the child, and placement of the juvenile in the absence of such efforts was reasonable. Durham DSS shall continue to make reasonable efforts to reunify the child and family.
5.Continuation in the home is contrary to the welfare of the child.
6. ______
______
______
______.
It Is Therefore Ordered, Adjudged and Decreed As Follows:
1.______shall be placed in the legal custody of the Durham DSS with placement authority in that including the authority to place the child in foster care; Q in the home of ______. (State name and relationship)
2. Visitation with the respondent mother shall be as follows:
Qsupervised or Q unsupervised; Q at DSS or Q at ______; every ______(state frequency). Other: ______.
3.Visitation with the respondent father shall be as follows:
Qsupervised or Q unsupervised; Q at DSS or Q at ______; every ______(state frequency). Other: ______.
4.In order to correct the conditions which led to the removal of the child from the home, the respondent mother shall: Q attend and complete parenting program; Q obtain a mental health evaluation; Q follow mental health evaluation recommendations; Q obtain a substance abuse evaluation; Q follow substance abuse evaluation recommendations; Q obtain and maintain safe housing; Q attend the child=s mental health therapy, if recommended by child=s therapist; Q attend domestic violence counseling; Q pay a reasonable amount of child support for the care of the child; Q cooperate with the family services case plan to be developed with the DSS social worker; Q other (specify) ______.
5. In order to correct the conditions which led to the removal of the child from the home, the respondent father shall: Q attend and complete a parenting program; Q obtain a mental health evaluation; Q follow mental health evaluation recommendations; Q obtain a substance abuse evaluation; Q follow substance abuse evaluation recommendations; Q obtain and maintain safe housing; Q attend the child=s mental health therapy, if recommended by child(ren=s) therapist; Q attend domestic violence counseling;Q pay a reasonable amount of child support for the care of the child(ren); Q other (specify)______
______.
6.In order to correct the conditions which led to the removal of the child from the home, the child shall: Q obtain a mental health evaluation; Q follow mental health evaluation recommendations; Q obtain a substance abuse evaluation; Q follow substance abuse evaluation recommendations; Q cooperate with foster care placement; Q follow the terms of court-ordered probation; Q participate in appropriate services offered by DSS; Q other (specify)______
______.
7.______
______
______.
8. This matter shall be reviewed on ______ at 9:30 am with a pre-trial conference on ______at 11:30 am in Courtroom 5C or at an earlier date as circumstances dictate upon a motion filed by any of the parties.
9.Durham DSS shall make an independent determination regarding the necessity for filing a petition pursuant to Chapter 7B, Article 4.
This is the _____ day of ______, 2013.
______
Judge Presiding