Navigating the legal requirements applicable to adult protective services (APS) court proceedings can be challenging, given the expedited nature of the cases, the different types of orders the court may issue, and the varying legal standards and timelines that apply to each order. The urgent and often emergency-driven nature of APS cases adds further complexity to the process. That’s why we developed a new resource designed to assist county department of social services (DSS) directors, social workers, and attorneys—along with court officials and other professionals involved in APS —better understand the essential steps in a court proceeding to obtain an order for APS protective and emergency services.
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When can you file a Rule 12(b)(6) motion to dismiss?
When a party is sued, they often want to make the lawsuit go away. One of the most common ways of attempting to get rid of a lawsuit is a motion to dismiss for failure to state a claim upon which relief can be granted under North Carolina Rule of Civil Procedure 12(b)(6). A recent case from the North Carolina Court of Appeals illustrates how this procedural tool works and provides a lens to examine a tension within the rule. In Legal Impact for Chickens v. Case Farms, LLC, ___ N.C. App. ___, COA24-673, (May 21, 2025), a poultry producer filed a Rule 12(b)(6) motion to dismiss the complaint of an animal rights group. At the same time, it answered the allegations in the animal rights group’s lawsuit.
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Surrender, Return, and Disposal of Firearms in Civil Domestic Violence Cases
This post was written by Brittany Bromell. She can be contacted at bwilliams@sog.unc.edu.
North Carolina General Statute 50B-3.1 provides that, under certain circumstances, a person who is subject to a DVPO must be ordered to surrender to the sheriff “all firearms, machine guns, ammunition, permits to purchase firearms, and permits to carry concealed firearms that are in the care, custody, possession, ownership, or control of the defendant.”
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New Research on Juvenile Interventions and Reoffending
I recently had the opportunity to watch a webinar on the latest research about how protective factors and strength-based services impact reoffending among justice-involved youth. The webinar focused on the second brief (Impacts on Long-Term Youth Reoffending) from the Youth Protective Factors Study (hereinafter the Study). The Study offers interesting findings related to the way risk and protective factors work (or, spoiler alert, don’t work) to reduce reoffending. This research can help practitioners focus limited resources on system responses and interventions most likely to promote public safety. Continue Reading
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What Does it Mean for a Criminal Case if the Defendant is Legally Incompetent and Has a Court-Appointed Guardian?
Derek was twenty years old when he suffered a stroke. He lost and then subsequently regained his ability to speak and to perform simple tasks; however, he cannot manage important matters like his medical care and finances. Derek’s mom, Greta, successfully petitioned under G.S. Chapter 35A to have her son adjudicated incompetent and was appointed as Derek’s guardian.
Recently, Derek was at a store and put candy he had not paid for in his pocket. When an employee intervened, Derek pushed the employee and ran home with the candy. Criminal charges were filed, and Derek was appointed counsel. This post explores difficult questions that arise when a criminal defendant is adjudicated incompetent and has a court-appointed guardian, including the effect those circumstances have on criminal case decisions, client confidentiality, and the allocation of authority between the attorney and client.
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Eviction Edition: Landlord Duties, Self-Help Eviction, and Retaliatory Eviction in Recent Case Law
The enactment of the Residential Rental Agreements Act of 1977, the Landlord Eviction Remedies Act of 1981, and the Retaliatory Eviction Act of 1979 provided expanded rights and protections for residential tenants. As a result, all residential tenants have the right to fit and habitable housing, and they cannot be evicted without the judicial process of summary ejectment. The law also protects tenants from eviction in retaliation for lawfully asserting their rights to fit and habitable housing, but that law is subject to a number of exceptions. The North Carolina appellate courts have issued recent opinions that address these tenants’ rights statutes. This post will explore these statutes by reviewing the details of this recent precedent.
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Child Custody Jurisdiction: communication between courts in different states
The provisions in the Uniform Child Custody Jurisdiction and Enforcement Act (the UCCJEA), N.C. Gen Stat., Chapter 50A, define a trial court’s subject matter jurisdiction to enter a child custody determination. This means that if the requirements of the Act are not followed, a custody determination will be void ab initio.
The UCCJEA allows communication between courts in different states when a judge determines communication is necessary for a court to determine whether and how it can exercise jurisdiction. The Act requires communication between courts in different states in two specific circumstances, and the Act sets out the procedure to be followed whenever a court communicates with a court in another state.
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A/N/D and TPR Cases: The Role of the Child’s Guardian ad Litem
In abuse, neglect, dependency (A/N/D) and termination of parental rights (TPR) proceedings, the child who is the subject of the action is a party. G.S. 7B-401.1(f); -601; -1104. In most actions, the child is represented by a guardian ad litem (GAL). See G.S. 7B-601; -1108(b)–(c). This post provides an overview of the rights and duties of the child’s GAL, which are addressed in statute and case law. Continue Reading
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New Edition of the Family Law Bench Book Available Now
This book is a comprehensive legal reference created for North Carolina district court judges. The 2024 edition provides summaries of North Carolina law governing family law cases routinely heard in district court, with statutory and case law updated through October 15, 2024. Because of its large size, the print edition is published in two bound parts: Part A (876 pages) and Part B (798 pages). It is divided by topic into twelve chapters:
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Juveniles and Vehicle Seizure Under G.S. 20-28.3
Does the law regarding motor vehicle seizure when a person is charged with felony speeding to elude arrest or an offense involving impaired driving apply to juveniles? If the case is subject to original juvenile jurisdiction, the answer is no. Read on to understand why that is and what to do if a seizure order is improperly issued. Continue Reading