In state fiscal year 2022-2023, county departments of social services in North Carolina received 35,400 reports alleging the abuse, neglect, or exploitation of vulnerable adults. Fifty-six counties across the state have addressed this problem through creating adult protection multidisciplinary teams (MDTs)—groups of professionals from different disciplines who work together to prevent and respond to abuse, neglect, and exploitation of disabled and/or older adults. An additional 38 North Carolina counties are currently working to form adult protection MDTs. The School of Government’s Adult Protection Network is excited to announce a redesigned Adult Protection Network website with new resources for those in the adult protection field, including new online trainings and an MDT Toolkit with template documents for adult protection MDTs.
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Foreclosure Moratorium in Effect in North Carolina for Certain Counties and Certain Mortgage Loans
Many counties in Western North Carolina continue to struggle with the devastating effects of Hurricane Helene. As of today, seven county courthouses are reporting closures of some type. An updated list of counties along with the types of closures in each county is available through the North Carolina Administrative Office of the Courts website. Officials in federal, state, and local government are taking action to provide relief in many forms. This includes actions at both the federal and state level that impact foreclosures.
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The School Is Hiring for an Assistant Professor in Decedents’ Estates and Trusts
I absolutely love my job. As a faculty member at the UNC School of Government, I get to work with smart, dedicated, fun colleagues; focus on a subject area I am passionate about; create wonderful relationships with the professionals I teach; and be part of an institution that has helped North Carolina for more than 90 years. The UNC School of Government is unique—there aren’t other schools like this in the country. The School provides public service to the state of North Carolina by helping local and state officials do their jobs and do them well. Faculty members do this in three main ways: advising, teaching, and writing. Our philosophy is to provide engaged scholarship, meaning we provide practical resources for regular use by the officials we serve. We are responsive to the issues that professionals identify through our teaching, writing, and advising. Amazingly, we get thanked daily.
Is this the type of job that sounds like something you, or someone you know, would not only enjoy but would be great at? If so, keep reading. Continue Reading
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Emergencies in Western North Carolina, Including Chief Justice’s Emergency Order
UPDATE: On October 11, 2024, the Chief Justice of the North Carolina Supreme Court issued an additional emergency directive order under G.S. 7A-39(b)(1) extending relief for certain weather-affected counties in Western North Carolina (the “Extension Order”). The Extension Order extends the order issued September 29, 2024 (as amended September 30, 2024) for the following 13 counties: Avery, Buncombe, Haywood, Henderson, Jackson, Madison, McDowell, Mitchell, Polk, Rutherford, Transylvania, Watauga, and Yancey. The emergency directives contained in the Extension Order become effective October 15, 2024, and expire on October 28, 2024.
There is no way to avoid hearing and seeing the devastating news about Western North Carolina. People have died; lost their loved ones; lost their homes; and have no power, water, cell phone or internet service. Towns are destroyed. Roads and bridges are gone. Although the news has focused on the larger western counties, cities and towns in smaller counties are also severely impacted. In these smaller communities, the full extent of the devastation is unknown because of the inability to access them. Some counties and towns are completely cut off, having to rely on helicopter drops for supplies. Trying to connect with family and loved ones there is almost impossible. Words simply cannot convey the devastation and loss. If you want to try to help, Blue Ridge Public Radio posted a list of organizations and needs: https://www.bpr.org/bpr-news/2024-09-28/list-ways-to-donate-and-help-flood-victims-in-western-north-carolina-after-hurricane-helene
Although Helene has stopped what is considered normal everyday life for almost a third of our counties, business in the state – including court business –has not stopped its daily routine. Yesterday, Chief Justice Newby issued an Order, effective September 30th, and amended September 30th, attempting to relieve some of that pressure in effected areas and address the catastrophic conditions in our western North Carolina counties. The Order extends “the time and periods of limitation for filing and of acts due to be done in the following counties:” Continue Reading
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New Law on Juvenile Capacity to Proceed
The current law that governs a juvenile’s capacity to proceed in a delinquency matter matches part of the criminal law that governs a defendant’s capacity to proceed. The Juvenile Code expressly incorporates G.S. 15A‑1001, ‑1002, and ‑1003—the criminal provisions that establish a capacity standard and establish procedure to raise and determine capacity to proceed. G.S. 7B-2401. The criminal provisions that address safeguarding the defendant to return for trial should the defendant subsequently become capable of proceeding and return of the defendant for trial upon gaining capacity are notably absent from the Juvenile Code.
Beginning with offenses committed on January 1, 2025, the Juvenile Code will contain new laws, different from the criminal law, that establish a juvenile capacity standard, establish procedures to raise and determine capacity, and create new procedures for remediation of incapacity. This blog summarizes the new juvenile capacity standard and outlines the procedure to raise and determine capacity under the new law. More information on criminal procedure related to capacity to proceed can be found at https://benchbook.sog.unc.edu/criminal/capacity-proceed. Continue Reading
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A Second Look at In re A.K., Addressing Cultural Issues in A/N/D Cases
The North Carolina Court of Appeals in In re A.K., ___ N.C. App. ____ (Aug. 6, 2024) addressed a parent’s right to be represented by a privately retained attorney of their choosing in an abuse, neglect, and dependency (A/N/D) action. See Timothy Heinle’s post discussing that issue here. The opinion also discusses issues related to the mother’s and child’s culture – their religion and language. This post explores those aspects of the opinion. Continue Reading
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Changes Coming to Delinquency Law
Session Law 2024-17 contains several changes to delinquency law and new penalties for soliciting a minor to commit an offense. I covered the changes related to juvenile jurisdiction and the transfer process in last month’s blog. This blog explains the remaining changes. They include modifications to the timelines for secure custody hearings and for a victim or a complainant to request prosecutor review of a decision not to file a petition, school notification of the filing of a felony delinquency petition, restitution as a dispositional alternative, and the crime of soliciting a minor to commit an offense. These changes will take effect beginning with offenses committed on or after December 1, 2024. Continue Reading
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A Respondent Parent’s Right to Retain Counsel: Lessons from a New Court of Appeals Decision, In re A.K.
A recent decision by the North Carolina Court of Appeals considers the right of a respondent parent in a juvenile abuse, neglect, or dependency (AND) proceeding to hire counsel of their own choosing and what standards, if any, a retained attorney must meet to be allowed to represent a parent. In re A.K., __ N.C. App. __ (August 6, 2024). The case also includes discussion of the procedures for appointing a Rule 17 guardian ad litem to a respondent parent – an issue I will explore in a later post. This post focuses on what the opinion in A.K. does – and does not – tell us about a parent’s right to hire counsel. Continue Reading
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Navigating Summary Ejectment Cases Involving Public and Subsidized Housing
Magistrates from around the state report to me that summary ejectment actions involving public housing authorities seem to be on the rise. In North Carolina, summary ejectment is the judicial process by which a landlord can seek an order of the court granting the landlord possession of a rental property. The two-step process begins with a judgment for possession rendered by a judicial official, often a magistrate in small claims court, and is completed by the issuance of a writ of possession that authorizes the sheriff to remove tenants who fail to vacate the rental property or who fail to stay the issuance of a writ of execution. When the landlord is a public housing authority or a participant in a housing voucher program, both state and federal housing laws are involved which adds to the level of complexity already present in an action for summary ejectment. In fact, these types of cases are specifically referred to as “complex” in GS 7A-222(b), the statutory provision that authorizes magistrates to reserve judgment in more complex summary ejectment actions. Added to the legal complexity are the high stakes for renters with low incomes who may be ineligible for participation in subsidized housing for years following an eviction.
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The NC Court of Appeals addresses “self-executing” modification provisions in custody orders
The North Carolina Supreme Court has stated that “[a] judgment awarding custody is based upon conditions found to exist at the time it is entered ….” Stanback v. Stanback, 266 N.C. 72, 76 (1965). See also Kellanos v. Kellanos, 251 N.C. App. 149 (2016)( a district court must consider the pros and cons of ordering primary custody with each parent, contemplating the two options as they exist [at the time of the hearing], and then choose which one is in the child’s best interest.”).
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