In this earlier post, my current colleague Danny Spiegle (who was an NC Assistant Appellate Defender at the time the post was published), analyzed the law of civil contempt and concluded that “springing orders for arrest upon future nonpayment of purge payments in child support civil contempt proceeding without contemporaneous inquiry into ability to pay” are unlawful. https://civil.sog.unc.edu/civil-contempt-and-springing-orders-for-arrest/ In an opinion issued June 18, 2025, the NC Court of Appeals agreed with that assessment. Collins v. Holley, NC App. (June 18, 2025).
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State Oversight of County Departments of Social Services: Changes in Session Law 2025-16
Session Law 2025-16 (HB 612) was signed into law on June 26, 2025. It makes numerous changes related to child welfare, many of which are discussed by my colleague Sara DePasquale in this blog post. Section 1.17.(b) of the new law, entitled “Christal’s Law,” specifically addresses the relationship between the North Carolina Department of Health and Human Services (NCDHHS) and county departments of social services (DSS), including the extent to which NCDHHS may be held liable for the actions of a county DSS. This post focuses on those changes in the state’s oversight authority regarding each county DSS.
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The Fostering Care in NC Act: Changes to Child Welfare and DSS that Are Effective Now
On June 26, 2025, H612 was signed by the Governor and became S.L. 2025-16. This session law makes significant amendments to the laws addressing juvenile abuse, neglect, and dependency (A/N/D) and the oversight provided by the North Carolina Department of Health and Human Services (NCDHHS) over county departments of social services (DSS). The session law also affects termination of parental rights, adoptions of minors, permanent no contact orders, felony child abuse, and criminal history checks for applicants for city and county jobs that involve working with children. Finally, this session law enacts a guardianship assistance program for certain children who were in DSS custody when guardianship was ordered. The various sections of this significant 32-page session law have different effective dates, with some sections effective on June 26, 2025 and others not effective until as late as April 1, 2026. This blog only summarizes the changes that are effective now. Continue Reading
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Findings Required in Delinquency Dispositional Orders
Dispositional orders in delinquency cases must contain “appropriate findings of fact and conclusions of law.” G.S. 7B-2512(a). What constitutes appropriate findings of fact is a question that North Carolina appellate courts have repeatedly addressed. This blog explains the requirement for findings in delinquency dispositional orders and provides examples of findings that the North Carolina Court of Appeals has found to be sufficient. Continue Reading
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From the Mountains to the Sea: The NC Vacation Rental Act and Short-Term Rentals
As a native North Carolinian, I feel pretty strongly that North Carolina is the best state in the country, and based on tourism statistics, everyone else in the country wants to know what makes us so special. In 2024, North Carolina was the fifth most visited state for domestic travel and direct visitor spending added $36.7 billion to our economy. All of those visitors need somewhere to stay, and many of them choose short-term rental options on internet platforms such as Airbnb and VRBO. But what happens when problems arise? What is the remedy for property owners who think they are renting their residential property to a nice couple through VRBO for a quiet weekend away, only to learn the couple decided to host a house party with thirty of their closest friends? What happens when a traveling nurse books an Airbnb for three months for work and refuses to leave? This post will explore how the law addresses these situations, and some areas that remain unclear.
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Adult Protection Multidisciplinary Team Workshop: Apply Now!
If you’re working to protect vulnerable adults in your community, you know how important it is to have the right people at the table to provide effective and efficient solutions. That’s why we’re bringing together adult protection multidisciplinary teams (MDTs) from across North Carolina for a hands-on workshop at the School of Government on September 29–30, 2025, focused on forming and strengthening MDTs.
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Introducing a New Flow Chart for Adult Protective Services Court Proceedings
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