In re McKoy, 530 S.E.2d 334 (N.C. Ct. App. 2000)

Cases | In re McKoy, 530 S.E.2d 334 (N.C. Ct. App. 2000) | 2018

The juveniles were adjudicated delinquent for willfully and wantonly injuring the personal property of another. The juveniles were placed on supervised probation for twelve months and were each ordered to pay $539.50 in restitution as a condition of probation. The juveniles appealed. The appellate court held that: (1) there was insufficient evidence that the juveniles had or could reasonably acquire the means to pay the amount of restitution within twelve months and it was therefore not in their best interest to require such; and (2) N.C. Gen. Stat. § 7A-649(2) (repealed 1999, see now 7B-2506) does not authorize the juvenile court to consider the parents’ ability to pay restitution when ordering the juveniles to pay restitution to the victim as a condition of probation.