Archive

• New Abuse, Neglect, Dependency, and Termination of Parental Rights Resources

  This entry was contributed by Sara DePasquale on January 23, 2018 at 3:44 pm and is filed under Child Welfare Law.

  I am so happy to announce the availability of the 2017 Manual — Abuse, Neglect, Dependency, and Termination of Parental Rights Proceedings in North Carolina.

  What’s In It?

  This Manual provides easily accessible information about the laws, procedures, and concepts related to abuse, neglect, dependency, and termination of parental rights proceedings in North Carolina. The primary intended audience consists of district court judges, social services attorneys, parents’ attorneys, and guardian ad litem attorney advocates who work in this area of the law.

  This 2017 edition is a significant revision of the previous edition (2015) and contains hundreds of pages of new content. It includes changes made to the Juvenile Code by the North Carolina General Assembly in the 2015, 2016, and 2017 sessions as well as appellate decisions published through October 1, 2017. The new content discusses a variety of topics including mandatory concurrent permanency planning, cessation of reasonable efforts and the elimination of reunification as a permanent plan, medical decision-making for a child placed in DSS custody, the reasonable and prudent parent standard, and Foster Care 18−21.

  There are nine new checklists that supplement the chapter content and incorporate the legislative changes that apply to the various hearings in abuse, neglect, dependency, and related termination of parental rights proceedings. Before you bypass the chapters to get to the checklists, explore the Manual to see what is in there. Continue Reading

• Show Me the Money: Verification of Adequate Resources Required when Ordering Custody or Guardianship to a Non-Parent in an A/N/D Action

  This entry was contributed by Sara DePasquale on October 25, 2017 at 11:41 am and is filed under Child Welfare Law.

  If you’re a sports fan like me, you probably like sports movies. And if you like sports movies, you know the famous line from Jerry Maguire, “show me the money!” That line has some application to abuse, neglect, or dependency cases – specifically when a court is going to order custody or guardianship of a child who has been adjudicated abused, neglected, or dependent to a person who is not the child’s parent. The Juvenile Code requires that the court first verify that the proposed custodian or guardian “will have adequate resources to care appropriately for the juvenile.” G.S. 7B-903(a)(4), -906.1(j), -600(c).* Continue Reading

• Which County DSS Files the A/N/D Petition: That Is the Jurisdictional Question!

  This entry was contributed by Sara DePasquale on September 15, 2017 at 1:30 am and is filed under Child Welfare Law.

  *SINCE THIS POST WAS PUBLISHED, THE N.C. SUPREME COURT REVERSED AND REMANDED THE COURT OF APPEALS DECISION DISCUSSED BELOW. A new blog post discussing the NC Supreme Court decision can be read here.

  Earlier this year, the North Carolina Court of Appeals published In re A.P., 800 S.E.2d 77 (2017), which held that the county DSS that had an open child protective case did not have standing to file a neglect and dependency petition. As a result, the district court did not have subject matter jurisdiction to hear the action, and the adjudication and disposition orders were vacated. Since In re A.P. was decided, there are lots of questions about when a county DSS has standing to file an abuse, neglect, or dependency (A/N/D) petition and what happens in conflict of interest cases requiring a case to be transferred to a different county DSS. Continue Reading

• A/N/D Reporting: Rights, Protections, and Prosecutor Review

  This entry was contributed by Sara DePasquale on June 21, 2017 at 6:00 am and is filed under Child Welfare Law.

  Like every other state, North Carolina has a mandated reporting law for child abuse and neglect. North Carolina’s law requires any person or institution with cause to suspect a child is abused, neglected, or dependent by a parent, guardian, custodian, or caretaker to make a report to the county child welfare department (in most counties, DSS) where the child resides or is found. GS 7B-301. What is in a report? Are there protections for the reporter? What are the rights of the reporter? If DSS decides not to initiate a court action, can the reporter challenge that decision? Continue Reading

• Tick Tock: Mandatory Time Requirements to Enter A/N/D and TPR Orders

  This entry was contributed by Sara DePasquale on May 10, 2017 at 10:52 am and is filed under Child Welfare Law.

  Subchapter I of G.S. Chapter 7B (the Juvenile Code) governs child abuse, neglect, dependency, and termination of parental rights cases in North Carolina. The Juvenile Code “sets out a sequential process for abuse, neglect, or dependency cases, wherein each required action or event must occur within a prescribed amount of time after the preceding stage in the case.” In re T.R.P., 360 N.C. 588, 593 (2006). Included in the statutory time frames are the timing for entry of orders. What exactly does the Juvenile Code require? And, why does it matter? Continue Reading

• It’s Complicated: Venue vs Jurisdiction in A/N/D and TPR Actions

  This entry was contributed by Sara DePasquale on February 22, 2017 at 1:22 pm and is filed under Child Welfare Law.

  Within North Carolina, the appropriate location of a district court where an abuse neglect or dependency (A/N/D) action is filed is a matter of venue. GS 7B-400. And the appropriate location of the district court where a termination of parental rights (TPR) action is filed is a matter of jurisdiction. GS 7B-1101. Why are they different? Because the statutes governing A/N/D and TPR proceedings have different requirements and impose different limitations on the parties and the court.

  The General Assembly has the power to “fix and circumscribe the jurisdiction of the courts,” which can require certain procedures. In re T.R.P., 360 N.C. 588, 590 (2006). A/N/D and TPR cases are statutory in nature and set forth specific requirements that must be followed. Id. In an A/N/D or TPR action, the first place to look is the Juvenile Code (GS Chapter 7B) because it establishes both the procedures and substantive law for these types of juvenile proceedings. See GS 7B-100; -1100. Continue Reading

• Beyond the Bench Podcast, Season 2: Episode 4 — The Case Plan: In and Out of Court

  This entry was contributed by Sara DePasquale on December 16, 2016 at 7:00 am and is filed under Child Welfare Law.

  This will be the last On the Civil Side blog post for 2016. We will be back on January 11, 2017. That gives you plenty of time to listen to Episode 4, “The Case Plan: In and Out of Court,” for our Beyond the Bench Season 2 podcast, available now!

  This episode picks up where episode 3 ended. There’s been an adjudication of child neglect and an initial disposition order entered by the court. Now the family and department are engaged in case planning. The court is monitoring the progress and ultimately deciding what the final goals for the family are through periodic review and permanency planning hearings.  Find out what’s involved both in and out of court. Continue Reading

• The Indian Child Welfare Act: New Binding Federal Regulations You Need to Know About!

  This entry was contributed by Sara DePasquale on December 9, 2016 at 7:45 am and is filed under Child Welfare Law.

  In 1978, Congress enacted the Indian Child Welfare Act (ICWA). 25 U.S.C. §§ 1901 – 1963. Through ICWA, Congress declared

  it is the policy of this Nation to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian children from their families and the placement of such children in foster or adoptive homes which will reflect the unique values of Indian culture….

  25 U.S.C. § 1902.

  For the first time since its passage, ICWA now has federal regulations that states must follow. 25 CFR Part 23. One of the purposes of these new regulations is to ensure the consistent application of ICWA protections across the states. 25 CFR 23.101. The regulations become effective on December 12^th and apply to all “child custody proceedings” and “emergency proceedings” starting on or after that date. 25 CFR 23.103, 23.143. Continue Reading

• 2016 Legislative Changes Impacting Child Welfare

  This entry was contributed by Sara DePasquale on July 20, 2016 at 5:45 am and is filed under Child Welfare Law.

  *This post was updated on August 1, 2016 to reflect the Session Law for H424.

  The 2016 Appropriations Act (S.L. 2016-94) addresses more than the State’s budget. Section 12.C makes substantive changes to the General Statutes in Chapter 7B that govern abuse, neglect, or dependency proceedings. The statutory amendments became effective on July 1st. In addition, S.L. 2016-115 (H424), creates a new criminal statute, “The Unlawful Transfer of Custody of a Minor Child,” and is effective for offenses committed on or after December 1, 2016. The law also amends the definition of a neglected juvenile in G.S. Chapter 7B.  Continue Reading

• New Book! Fathers and Paternity: Applying the Law in North Carolina Child Welfare Cases

  This entry was contributed by Sara DePasquale on June 17, 2016 at 5:00 am and is filed under Child Welfare Law.

  This Sunday is Father’s Day, a day that celebrates fathers. It’s the perfect time to announce my new book, Fathers and Paternity: Applying the Law in North Carolina Child Welfare Cases. The book recognizes the role of fathers in abuse, neglect, or dependency cases.  Put simply, they have a role. Fathers are necessary parties to the court proceeding. See G.S. 7B-401.1(b). Fathers impact a child’s placement, visitation, and permanent plan.

  Unfortunately, every child does not have a father who has been identified by a marital presumption, acknowledgment, or judicial determination of paternity. Even when a father has been identified, his paternity has not necessarily been established, which allows for it to be challenged. The uncertainty in knowing who a child’s father may or may not be has resulted in cases where no father is named or the wrong man is named as a respondent father in the court action.  Continue Reading