I wrote recently about substantial upcoming changes to North Carolina’s child fatality prevention system. As part of those systemic changes in S.L. 2023-124, the General Assembly is establishing new Citizen Review Panels to evaluate the extent to which the state is fulfilling its child protection responsibilities in accordance with federal child welfare laws. This change aligns North Carolina with requirements in the Child Abuse Prevention and Treatment Act (CAPTA), the core federal legislation that authorizes funding to states for preventing and responding to child abuse and neglect. This post will discuss the structure and authority of these new citizen panels, as well as how their work intersects with local teams engaged in multidisciplinary child fatality reviews.
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Returning Juveniles with Pending Delinquency Matters in Other States Under the Interstate Compact for Juveniles
The Interstate Compact for Juveniles (ICJ) is a binding compact that establishes the law that governs the interstate movement of juveniles who are involved in the juvenile justice system. One of the purposes of the ICJ is to “[r]eturn juveniles who have… been accused of an offense to the state requesting their return.” G.S. 7B-4001(b)(3). This is akin to the extradition process used in criminal matters. The proper procedure to return a juvenile who is accused of an act of delinquency in another state to that other state is found in the ICJ rules. This post walks through the procedure. Continue Reading
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SUPPORT the SCHOOL OF GOVERNMENT TODAY!
For 94 years, the UNC School of Government has been the backbone of support for North Carolina’s public officials, from clerks and judges to budget analysts, municipal and county managers, newly elected officials, public defenders, and prosecutors. From Murphy to Manteo, we are here to ensure that those who serve our communities have the resources, training, and guidance they need to succeed. Today we are asking for your help to continue furthering this mission. Please watch this message from our Dean or read on to learn how you can be a spark in this effort. Continue Reading
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Fault Lines: Understanding Negligence Doctrines
North Carolina is one of a handful of jurisdictions that still follow the contributory negligence rule. In states where contributory negligence applies, if the plaintiff is even slightly at fault for their injuries or damages, they cannot receive compensation from the defendant. Most states follow some form of comparative negligence which allocates fault among the parties in an action for negligence. Due to the harsh effects of the contributory negligence rule on plaintiffs, certain doctrines exist to mitigate these effects and allow for recovery. Recent North Carolina appellate decisions have addressed these and other negligence doctrines. This post will explore how these doctrines work by reviewing the details of this recent precedent.
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Renewal of A Domestic Violence Protective Order
G.S. 50B-3(b) provides that, if requested to do so before a current domestic violence protective order (DVPO) expires, the trial court can renew the order for good cause for an additional fixed term, not to exceed two years, even if the current order has previously been renewed. All provisions in the protective order can be renewed, except temporary custody provisions cannot exceed one year in total duration. G.S. 50B-3(a1)(4). While a plaintiff must be a resident of North Carolina to request a DVPO, GS 50B-2, the plaintiff does not need to continue to reside in North Carolina to request that the DVPO be renewed. Comstock v. Comstock, 244 N.C. App. 20 (2015).
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New Juvenile Capacity Law: Court Forms and Forensic Evaluators
Beginning with offenses committed on or after January 1, 2025, new laws are in effect regarding the standard and procedures for addressing juvenile capacity to proceed. The new statutes can be found in G.S. 7B-2401-2401.5. You can find blogs about the details of the new standard and procedures here and here. This major revision to the law of juvenile capacity to proceed required new court forms and a new process for credentialing juvenile forensic evaluators. This post details those new structures. Continue Reading
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Big Changes Coming to North Carolina’s Child Fatality Prevention System
Tragically, 1,474 North Carolina children under the age of 18 died in 2022. According to the North Carolina Child Fatality Task Force’s 2024 Annual Report, the rate of child deaths in 2022 was 64.2 per 100,000 children—the highest rate recorded in the state since 2009. North Carolina will soon undergo a substantial restructuring of its statewide child fatality prevention system, including changes to how child fatalities and active child protective services cases are reviewed at the local level. The statutory changes to the system’s structure, many of which will become effective on July 1, 2025, were part of the 2023 Appropriations Act (S.L. 2023-134), as later amended by S.L. 2024-1 and S.L. 2024-57. The goal of these changes was to “eliminate the silos and redundancy that exist within the current system,” while also seeking to strengthen the system’s effectiveness in preventing child abuse, neglect, and death. Read on to learn more about the new system.
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Congratulations to Newly Certified Magistrates
For most citizens in North Carolina magistrates are the “first face” of the judicial system. They serve the public with professionalism, continually staying updated on the ever-evolving civil and criminal laws. Teaching magistrates is a very fulfilling part of my job, because they are always eager to learn, and they readily participate in class.
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Public Records and Minors Arrested Under Criminal Jurisdiction
Does the law that makes personally identifiable arrest information a public record apply to the arrest of a person who is 16-or 17-years-old and charged with a Class A – E felony? This is the most common question I have received since the law of juvenile jurisdiction changed on December 1, 2024. Beginning with offenses committed on that date, Class A – E felonies committed at ages 16 and 17 fall under original criminal jurisdiction. G.S. 7B-1501(7)b.2. That means that these cases are now criminal cases from their inception. At the same time, the youth involved fall under the definition of juvenile in the Juvenile Code. G.S. 7B-1501(17). This leaves many people wondering which law applies—the public records law about law enforcement arrest records or the Juvenile Code provisions about the confidential nature of law enforcement records and files concerning juveniles? Continue Reading
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NC Supreme Court Opinion Clarifies and Changes Findings Required in A/N/D Orders
On December 13, 2024, the NC Supreme Court published In re L.L., an appeal of a permanency planning order (PPO) that awarded custody to a non-parent. In the PPO, the court awarded permanent custody to the child’s foster parents rather than the child’s maternal grandfather. In achieving this permanent plan, the court eliminated reunification with the child’s mother as a permanent plan. The issues for appeal focused on whether the trial court made the necessary statutory findings for placement with a non-relative and for eliminating reunification as a permanent plan. The Court of Appeals held the required findings were not made. See 291 N.C. App. 402 (2023) (unpublished). The Supreme Court reversed the Court of Appeals and addressed what findings are required for both non-relative placement and the elimination of reunification as a permanent plan. The answer may surprise you and will have an impact on court orders moving forward. Continue Reading