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Juvenile Remediation to Attain Capacity to Proceed: New NC Law (October 22, 2024)

A new law governing capacity to proceed in delinquency cases is set to take effect beginning with offenses committed on or after January 1, 2025. Part V. of Session Law 2023-114 creates a juvenile capacity standard and establishes procedures to be used when capacity to proceed is challenged. You can find a description of much of the new law in my blog from September. This post explains the juvenile remediation process that will be available under the new law for certain cases in which a juvenile is found to lack capacity to proceed.

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Rule 17 GALs for Respondent Parents: A Final Lesson from In re A.K. (October 18, 2024)

 

Recently, the North Carolina Court of Appeals rendered a decision in In re A.K., __ N.C. App. __ (August 6, 2024), which touches on multiple issues relevant to juvenile abuse, neglect, dependency (AND) practitioners. (I blogged about one of those issues – a parent’s right to be represented by a retained attorney of their choosing, regardless of the attorney’s AND experience – here. My colleague Sara DePasquale published a blog about another issue: considering a family’s culture, including religion and language, in an AND proceeding.) This post will explore a third issue raised in the opinion: the appointment of a Rule 17 guardian ad litem (GAL) to an incompetent respondent parent.

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The School Is Hiring for an Assistant Professor in Decedents’ Estates and Trusts (October 7, 2024)

I absolutely love my job. As a faculty member at the UNC School of Government, I get to work with smart, dedicated, fun colleagues; focus on a subject area I am passionate about; create wonderful relationships with the professionals I teach; and be part of an institution that has helped North Carolina for more than 90 years. The UNC School of Government is unique—there aren’t other schools like this in the country. The School provides public service to the state of North Carolina by helping local and state officials do their jobs and do them well. Faculty members do this in three main ways: advising, teaching, and writing. Our philosophy is to provide engaged scholarship, meaning we provide practical resources for regular use by the officials we serve. We are responsive to the issues that professionals identify through our teaching, writing, and advising. Amazingly, we get thanked daily.

Is this the type of job that sounds like something you, or someone you know, would not only enjoy but would be great at? If so, keep reading.

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Emergencies in Western North Carolina, Including Chief Justice’s Emergency Order (September 30, 2024)

UPDATE: On October 11, 2024, the Chief Justice of the North Carolina Supreme Court issued an additional emergency directive order under G.S. 7A-39(b)(1) extending relief for certain weather-affected counties in Western North Carolina (the “Extension Order”).  The Extension Order extends the order issued September 29, 2024 (as amended September 30, 2024) for the following 13 counties: Avery, Buncombe, Haywood, Henderson, Jackson, Madison, McDowell, Mitchell, Polk, Rutherford, Transylvania, Watauga, and Yancey. The emergency directives contained in the Extension Order become effective October 15, 2024, and expire on October 28, 2024.

There is no way to avoid hearing and seeing the devastating news about Western North Carolina. People have died; lost their loved ones; lost their homes; and have no power, water, cell phone or internet service. Towns are destroyed. Roads and bridges are gone. Although the news has focused on the larger western counties, cities and towns in smaller counties are also severely impacted. In these smaller communities, the full extent of the devastation is unknown because of the inability to access them. Some counties and towns are completely cut off, having to rely on helicopter drops for supplies. Trying to connect with family and loved ones there is almost impossible. Words simply cannot convey the devastation and loss. If you want to try to help, Blue Ridge Public Radio posted a list of organizations and needs: https://www.bpr.org/bpr-news/2024-09-28/list-ways-to-donate-and-help-flood-victims-in-western-north-carolina-after-hurricane-helene

Although Helene has stopped what is considered normal everyday life for almost a third of our counties, business in the state – including court business –has not stopped its daily routine. Yesterday, Chief Justice Newby issued an Order, effective September 30th, and amended September 30th, attempting to relieve some of that pressure in effected areas and address the catastrophic conditions in our western North Carolina counties. The Order extends “the time and periods of limitation for filing and of acts due to be done in the following counties:”

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