In re Heil, 550 S.E.2d 815 (N.C. Ct. App. 2001)

Cases | In re Heil, 550 S.E.2d 815 (N.C. Ct. App. 2001) | 2018

The juvenile was adjudicated delinquent arising from an alleged sexual assault. The compensation commission paid the victim’s therapy bills and the defendant was ordered to pay restitution to the compensation fund as a condition of probation. The juvenile appealed. Despite the juvenile’s failure to challenge errors raised by the State and preserve them for appellate review, the appellate court vacated the portion of the order making restitution a condition of probation. The court erred in failing to consider or make findings concerning whether the restitution award was in the juvenile’s best interest and whether the juvenile, not his family, had the ability to pay restitution.