In my last post, I dissected the form Judgment for Actions to Recover Money or Personal Property, AOC-CVM-400. This post will focus on AOC-CVM-401, Judgment in Action for Summary Ejectment, the form used in evictions. During a recent session at the Fall Magistrates’ Conference, there were some lively exchanges about the practicalities around rendering judgments when the magistrate has a courtroom full of people waiting to be heard and a stack of judgments to enter electronically. The discussion centered on amendments to G.S. 7A-224 and G.S. 7A-228, which became effective October 1, 2025, affecting the rendition and entry of judgments in small claims. In light of the changes to the law, now seems like a good time to talk about the rendition, entry, and service of magistrates’ judgments. So, make sure you have AOC-CVM-401 handy, and let’s explore the contents of the form and the importance of rendering and entering judgments at the end of the hearing.
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Family Law Legislation Effective On or Before October 1, 2025
The North Carolina General Assembly recently addressed family law issues in several pieces of legislation. This post addresses legislation effective on or before October 1, 2025. Changes effective on later dates will be addressed in subsequent posts.
Child Support
Accrual of child support arrears and DSS custody.
S.L. 2025-16, sec. 1.21.(a).
Amends G.S. 50-13.10 (which governs establishment and modification of past due child support) to include subdivision (5), to provide that a child support payment is not past due and no arrears accrue for foster care assistance that is owed to the state by the supporting party during any period when the child is in DSS custody.
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Trends in Delinquency Complaints and Juvenile Detention Utilization
The 2024 Annual Report issued by the North Carolina Division of Juvenile Justice and Delinquency Prevention (DJJDP) includes descriptive information related to the processing of cases in the juvenile justice system and the use of facilities that serve juveniles. Highlights include a notable increase in motor vehicle-related property offenses and increased demand for capacity in juvenile detention facilities. This post explores these highlights. All the data included below comes from the 2024 Annual Report unless otherwise noted. Continue Reading
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Disclosure of Child Welfare Records in Cases Where DSS is Not a Party
Child welfare records maintained by a department of social services (DSS) contain sensitive information that parties in various proceedings are often interested in seeing. A complex web of state and federal law governs the disclosure of these records – more than I can cover here. For purposes of this post, it’s sufficient to know that G.S. 108A-80 is a broadly applicable confidentiality statute that applies to DSS and covers client information generally. Absent limited statutory exceptions, G.S. 108A-80(a) prohibits disclosure of information related to individuals who apply for or receive public assistance or social services, including child welfare services.
Child welfare information is also subject to an additional set of confidentiality restrictions under Chapter 7B of the North Carolina General Statutes. For example, G.S. 7B-302 makes information that is obtained by DSS related to a juvenile’s alleged abuse, neglect, or dependency (A/N/D) confidential. Similarly, G.S. 7B-2901(b) requires DSS to maintain confidential records of juveniles it has in its custody. Both statutes provide exceptions to the confidentiality requirement.
This post explores how the exceptions in G.S. 7B-302 and 7B-2901(b) apply when a party—either in a North Carolina civil case where DSS is not a party or in a criminal or delinquency matter—wants DSS child welfare records about someone other than themselves. Note that in this post I use the term ‘DSS records’ to refer to child welfare records maintained by DSS, including those from juvenile A/N/D proceedings. Continue Reading
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North Carolina Authorizes a New Kind of Will
On January 1, 2026, a new kind of will can be offered for probate in North Carolina. Session Law 2025-33, Part VIII adds a new Article 11 to Chapter 31 of the General Statutes, allowing an attested written will to be stored as an electronic record and later offered for probate as a certified paper copy.
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The Fostering Care in NC Act: Changes to Child Welfare Effective October 1, 2025, Part 2, and an On-Demand Webinar on the Legislative Changes
This is my third post discussing S.L. 2025-16, the Fostering Care in NC Act. The various sections of this significant 32-page session law have different effective dates: June 26, 2025, October 1, 2025, December 1, 2025, and April 1, 2026. This post discusses two significant changes to child welfare law that are effective October 1st:
- the right to seek expungement from the Responsible Individuals List (RIL) through a district court action under the new G.S. 7B-325, and
- post-adoption contact agreement and orders between parents and prospective adoptive parents for children who are in DSS custody through an order entered in an abuse, neglect, or dependency (A/N/D) action under the new G.S. 7B-909.2, -909.3 and 50-13.2B.
Because the changes made in S.L. 2025-16 and some other shorter session laws addressing child welfare are so numerous, my colleague, Kristi Nickodem, and I made a 1.5 hour on-demand webinar discussing these changes. It is free of charge and can be viewed at any time. There are no continuing education credit hours available. You can view the webinar at https://vimeo.com/1121169767. The end of this post has a list of all the posts addressing the legislative changes discussed in the webinar. Continue Reading
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Legislative Changes to Ex Parte Proceedings for the Provision of Emergency Services to Disabled Adults
On November 1, 2025, legislative changes to North Carolina adult protective services (APS) law take effect pursuant to Session Law 2025-27, Part V. There are three primary changes reflected in two new statutes, G.S. 108A-106.1 and -106.2.
- Magistrates are authorized to accept for filing petitions for the provision of emergency services to disabled adults when the clerk’s office is closed and the petitioner requests the court enter an ex parte emergency services order. S. 108A-106.1.
- Certain “Authorized Magistrates” (defined below) may hear petitions for the provision of emergency services to disabled adults and enter ex parte emergency services orders. G.S. 108A-106.2(a), (b).
- District court judges and Authorized Magistrates may authorize ex parte emergency services orders telephonically under certain circumstances. G.S. 108A-106.2(c).
This post explains each of these legislative changes in greater detail.
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Laws That May Require Disclosure of Confidential Adult Protective Services Information
In my last blog post about the confidentiality of adult protective services (APS) information, I described a five-step framework for determining when a department of social services (DSS) may release APS information (see flowchart here). The first step in that framework asks whether a state or federal law requires the disclosure of the confidential information. This blog post discusses some statutes and rules that require disclosure of APS information (to specific parties in specific circumstances) or give a particular agency or individual the right to access or inspect APS information. Note, however, that this post does not provide an exhaustive list of the various federal and state laws that may require the disclosure of certain APS information—nor does it discuss laws that allow (but do not require) DSS to disclose information.
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DSS Custody of a Juvenile in a Delinquency Case: When and Why It Cannot Be Combined with Secure Custody or YDC Commitment
The most recent Court of Appeals delinquency-related decision, In the Matter of D.H., ___ N.C.App. ___ (August 20, 2025), is one of a very few opinions that addresses a trial court’s order placing a juvenile in the custody of a department of social services (DSS custody) through a delinquency disposition. This area of law can be very confusing for practitioners. At its core, the juvenile is in DSS custody without a petition alleging abuse, neglect, or dependency; instead, there is a petition alleging the juvenile is delinquent. The possibility of DSS custody is also available in undisciplined juvenile proceedings. This blog provides a brief overview of when the court can issue such an order in a delinquency or undisciplined case and explains why simultaneous nonsecure and secure custody orders and dispositional orders that include both DSS custody and commitment to a Youth Development Center (YDC) are a legal impossibility. Continue Reading
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Recent Legislative Changes Affecting Judicial Authority and Administration
House Bill 620, chaptered as S.L. 2025-54, enacted several changes affecting judicial authority and administration that may be of interest to practitioners generally. This post will review the legislation’s provisions affecting removal proceedings, the jurisdiction of specially assigned superior court judges, substitution of one trial judge for another, age limits for service as a trial judge, protocols for recovery courts, the disclosure of courtroom audio recordings, training and educational materials for jurors, and the appointment of magistrates.
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