NC court says offender's case can be modified

Associated Press - August 5, 2008 7:35 PM ET

RALEIGH, N.C. (AP) - The North Carolina Court of Appeals says a juvenile's treatment plan can be changed when there's no funding to provide the original treatment.

The Appeals Court upheld Tuesday a Burke County judge's decision to send a 15-year-old to a youth development center instead of to a sex offender treatment facility as previously ordered.

The judge changed his mind after receiving information from social services, which said there wasn't money to treat the teen in the sex offender facility because he was an undocumented immigrant under federal law.

Court of Appeals Judge Sanford Steelman wrote the majority opinion, saying orders can be changed in light of circumstances. Appeals Judge Jim Wynn disagreed, saying such decisions should be left to other branches of government.

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