In the Matter of T.M., 2026 N.C. App. LEXIS 632 (N.C. Ct. App. 2026)

The North Carolina Court of Appeals vacated an adjudication of simple assault because the trial court allowed the youth to testify without conducting a colloquy about the youth’s right against self-incrimination. The court stated in relevant part:

“Our courts have consistently recognized that the State has a greater duty to protect the rights of a respondent in a juvenile proceeding than in a criminal prosecution.” In re S.C., 290 N.C. App. 312, 313, 892 S.E.2d 106, 107 (2023) (citation omitted). To that end, “[t]he plain language of N.C. Gen. Stat. § 7B-2405 places an affirmative duty on the trial court to protect the rights delineated therein during a juvenile delinquency adjudication.” In re J.R.V., 212 N.C. App. 205, 210, 710 S.E.2d 411, 414 (2011), disc. review improvidently allowed, 365 N.C. 416, 720 S.E.2d 387 (2012) (per curiam); see also N.C. Gen. Stat. § 7B-2405 (providing that in a juvenile delinquency adjudicatory hearing, the trial court shall protect certain due process rights of the juvenile, including the privilege against self-incrimination). “[T]he statute requires, at the very least, some colloquy between the trial court and the juvenile to ensure that the juvenile understands his right against self-incrimination before choosing to testify at his adjudication hearing.” J.R.V., 212 N.C. App. at 209, 710 S.E.2d at 413 (emphasis omitted).