Adult guardianship law in North Carolina underwent several significant changes effective January 1, 2024. My colleague, Timothy Heinle, and I previously blogged about two of these changes resulting from Session Law 2023-124, available here (notice of rights) and here (less restrictive alternatives). One change that may have slipped under your radar is found in G.S. 35A-1242(e) and imposes a new obligation on guardians to file a notice of change of address with the court.
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Congratulations to Newly Certified Magistrates
Magistrates are often referred to as the “first face” of the judicial system for most citizens. They serve the public with professionalism, all while keeping abreast of the rapidly changing civil and criminal laws. In 2021, their training requirements were increased by the legislature from 12 hours every two years to 12 hours every year. As part of those 12 hours of training, magistrates are required to receive annual training on seven required subjects: (1) setting conditions of pretrial release, (2) impaired driving laws, (3) issuing criminal processes, (4) issuing search warrants, (5) technology, (6) orders of protection, and (7) summary ejectment laws. GS 7A-177.
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More Changes to the Year’s Allowance in Decedents’ Estates: The Procedure to Claim and Assign the Allowance
*Update, March 1, 2024: The N.C. Administrative Office of the Courts published revised year’s allowance forms in connection with the changes enacted by Session Law 2023-120. They are AOC-E-100, Petition and Assignment Year’s Allowance and AOC-E-101, Deficiency Judgment. Both the revised and previous version of the forms are available on the AOC’s website. The revised forms should be used for the estates of decedents dying on or after March 1, 2024. The previous version of the forms should be used for the estates of decedents dying on or before February 29, 2024.
This is the third and final post in a series that focuses on changes to the year’s allowance in decedents’ estates resulting from Session Law 2023-120. This post discusses the process to apply for the spousal and child’s allowance. The statutory changes are effective for decedents dying on or after March 1, 2024. You can access my two previous posts in this series here and here. Continue Reading
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Addressing Substance Use Disorders Through Delinquency Dispositions
The Juvenile Code authorizes 14 different dispositional alternatives for delinquency cases that result in Level 1 dispositions and 23 different dispositional alternatives for delinquency cases that result in Level 2 dispositions. G.S. 7B-2508(c), (d); G.S. 7B-2506(1)-(23). For both Level I and Level 2 dispositions, cooperating with substance abuse treatment is a dispositional option. It can be challenging to sort through the many available dispositional alternatives to order an effective and individually tailored disposition that addresses the risks and needs of the juvenile. This blog addresses why it might be important to focus on substance use disorders as part of disposition, how to know when a juvenile needs substance use disorder treatment, and how substance use disorder treatment may be included as a dispositional alternative. Continue Reading
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Changes Specific to the Child’s Year’s Allowance in Decedents’ Estates
My prior post identified two key changes to the year’s allowance resulting from Session Law 2023-120: (i) the elimination of the one-year limitation period a surviving spouse and eligible children have to apply for the allowance, and (ii) the elevation of the assignment and payment of the spousal allowance over the child’s allowance. This post will focus on specific changes applicable to the child’s year’s allowance resulting from S.L. 2023-120. Continue Reading
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The 2023 edition of the Abuse, Neglect, Dependency – TPR Manual Is Here!
My belated Valentine’s gift to you all is the 2023 edition of Abuse, Neglect, Dependency, and Termination of Parental Rights Proceedings in North Carolina, otherwise known as “the A/N/D Manual” or “the Manual.”
The 2023 edition of the Manual is now available at no charge on the SOG website, here. This edition replaces the February 2022 edition and is current through December 31, 2023 for both appellate opinions issued by the North Carolina appellate courts (most of which are published) as well as legislative changes made through that date. This updated and revised edition includes over 100 new opinions and the legislative changes impacting child welfare, including the significant changes to infant safe surrender.
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Changes to the Spousal and Child’s Year’s Allowance in Decedents’ Estates: The Time Period to Apply for the Allowance and the Priority Among the Allowances
On March 1, 2024, several significant changes will take effect that apply to the spousal and child’s allowance in decedents’ estates. This post is the first in a series of posts that will focus on the changes to the allowance enacted by Session Law 2023-120.
What Is a Year’s Allowance?
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When Juvenile Justice Matters Cross State Lines: The Interstate Compact for Juveniles (ICJ)
Imagine a case involving a juvenile who lives in North Carolina and is in secure custody because of a charge of an act of delinquency in New York comes across your desk. You look to the Juvenile Code to read the statute that governs interstate issues. You find Article 40 of Chapter 7B, “Interstate Compact for Juveniles.” But, after reading Article 40, you realize that there is no statutory guidance regarding the actual procedure in the case. Where do you turn? The law regarding interstate matters in juvenile justice cases is perhaps the best kept secret in juvenile law. The actual substance can only be found in the Rules promulgated by the Interstate Commission for Juveniles. Continue Reading
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Transportation of High-Risk Juveniles in DSS Custody: The New G.S. 7B-905.2
Children and teens who are in the custody of DSS are (or have been alleged to be) abused, neglected, and/or dependent. While in out-of-home placements, these children experience (1) ongoing separation from their families and communities (e.g., parents, siblings, school), (2) losses (relationships, pets, their home), (3) unpredictability (parent behavior at visits), and (4) uncertainty (placement transitions, caseworker turnover). Not surprisingly, these children have a significantly higher rate (up to 80%) of mental health issues than children who are not involved with child welfare (18-22%).[1] Compounding this situation is the lack of appropriate placements for children in DSS custody.[2] Concerns about DSS safely transporting children in its custody to placements when those children have significant mental health needs has arisen. Addressing transportation concerns, the NC General Assembly in the 2023 Appropriations Act enacted G.S. 7B-905.2: “Transportation of High-Risk Juveniles,” effective retroactively to July 1, 2023. See S.L. 2023-134, sec. 9J.13.
G.S. 7B-905.2 is limited in scope and should not be relied upon 1) for any and all transportation issues for juveniles in DSS custody or 2) for transporting juveniles who are not in DSS custody but have behavioral issues. This post discusses when G.S. 7B-905.2 applies, what it allows, and what it does not. Continue Reading
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Contempt: Does an Order to Show Cause have to be served by Rule 4 service?
It is a common question: when the court issues an order to show cause for contempt, how is that order served on a respondent? Is the order required to be served pursuant to Rule 4 of the Rules of Civil Procedure (generally meaning personal service by the sheriff or certified mail) or is Rule 5 service sufficient (generally meaning regular mail to the party or party’s attorney)? Unfortunately, the answer to that question is a bit murky.
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