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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Statutory Case Review Multidisciplinary Teams: S.L. 2025-23 Provides a New Model for Protecting Vulnerable Adults
*This post is co-authored with my colleague, Kristi Nickodem.
For years, local stakeholders in North Carolina have been forming adult protective multidisciplinary teams (MDTs)—groups of professionals from different disciplines who find ways to prevent and respond to abuse, neglect, and exploitation of vulnerable adults. Effective October 1, Session Law 2025-23 authorizes each North Carolina county to form a “Case Review Multidisciplinary Team,” whose members will be legally permitted to share confidential information with each other as necessary to investigate, review, and coordinate services for active adult protective services cases. The stated public policy of this new law recognizes that professionals from disparate disciplines have expertise that can promote the safety and well-being of disabled adults and older adults and prevent re-victimization. G.S. 108A-118(a). This blog post explains the requirements of the new law and addresses some frequently asked questions. If you are interested in learning more about S.L. 2025-23, we also have a one-hour webinar that is available for free on demand.
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Nonparent v. Parent Custody: Who Can Ask For Custody?
It is well established in North Carolina law that before a court can award custody of or visitation with a minor child to a nonparent over the objection of a parent, the nonparent must allege and prove that the parent is unfit, has neglected the welfare of the child, or has otherwise acted in a manner inconsistent with his or her constitutionally protected status as parent. Price v. Howard, 346 N.C. 68 (1997). [a discussion of the court’s authority to award visitation pursuant to the grandparent visitation statutes is beyond the scope of this post.] If that allegation is proven, the trial court may proceed to determine custody or visitation by application of the best interest of the child standard. If the nonparent third party cannot show that the parent is unfit or has lost their protected status, all custody and/or visitation claims against a parent must be dismissed.
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When Service of Process Becomes Abuse
Service of process is fundamental to our system of civil justice. Every party to a civil action or special proceeding in North Carolina is entitled to notice of the action and an opportunity to be heard before an impartial judicial official.
Here’s a basic question: how does a person, a corporation, or a governmental body know whether they are being sued, and if so, how long they have to respond to the lawsuit? Receiving a demand letter written by a lawyer is not enough; lawyers send scary letters without filing lawsuits all the time. Neither is it enough to receive a signed complaint. A signed complaint does not necessarily bring a claim before the court. Even receiving a complaint bearing the file-stamp of the clerk of superior court does not inform a party how long they have to answer.
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No Interscholastic Athletics Participation in Public Schools After a Felony Conviction
A new school year is upon us and students across North Carolina are back in classrooms and on athletic fields. The question of who is eligible to participate in interscholastic athletics in North Carolina’s public schools is answered by the student participation rules established by the North Carolina State Board of Education. Those rules include a ban on participation following a felony conviction. This post explains the rule, explores how it applies to various legal outcomes, and offers considerations for practitioners involved in cases in which a minor is being prosecuted in criminal court for a felony charge. Continue Reading