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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.

In response to the devastation caused by Hurricane Helene, the Chief Justice of the North Carolina Supreme Court entered an emergency order applicable to certain impacted counties on September 29, […]

In state fiscal year 2022-2023, county departments of social services in North Carolina received 35,400 reports alleging the abuse, neglect, or exploitation of vulnerable adults. Fifty-six counties across the state […]

Many counties in Western North Carolina continue to struggle with the devastating effects of Hurricane Helene.  As of today, seven county courthouses are reporting closures of some type.  An updated […]

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.

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 30^th, 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:”

The current law that governs a juvenile’s capacity to proceed in a delinquency matter matches part of the criminal law that governs a defendant’s capacity to proceed. The Juvenile Code expressly incorporates G.S. 15A‑1001, ‑1002, and ‑1003—the criminal provisions that establish a capacity standard and establish procedure to raise and determine capacity to proceed. G.S. 7B-2401. The criminal provisions that address safeguarding the defendant to return for trial should the defendant subsequently become capable of proceeding and return of the defendant for trial upon gaining capacity are notably absent from the Juvenile Code.

Beginning with offenses committed on January 1, 2025, the Juvenile Code will contain new laws, different from the criminal law, that establish a juvenile capacity standard, establish procedures to raise and determine capacity, and create new procedures for remediation of incapacity. This blog summarizes the new juvenile capacity standard and outlines the procedure to raise and determine capacity under the new law. More information on criminal procedure related to capacity to proceed can be found at https://benchbook.sog.unc.edu/criminal/capacity-proceed.

The North Carolina Court of Appeals in In re A.K., ___ N.C. App. ____ (Aug. 6, 2024) addressed a parent’s right to be represented by a privately retained attorney of their choosing in an abuse, neglect, and dependency (A/N/D) action. See Timothy Heinle’s post discussing that issue here. The opinion also discusses issues related to the mother’s and child’s culture – their religion and language. This post explores those aspects of the opinion.

Session Law 2024-17 contains several changes to delinquency law and new penalties for soliciting a minor to commit an offense. I covered the changes related to juvenile jurisdiction and the transfer process in last month’s blog. This blog explains the remaining changes. They include modifications to the timelines for secure custody hearings and for a victim or a complainant to request prosecutor review of a decision not to file a petition, school notification of the filing of a felony delinquency petition, restitution as a dispositional alternative, and the crime of soliciting a minor to commit an offense. These changes will take effect beginning with offenses committed on or after December 1, 2024.

A recent decision by the North Carolina Court of Appeals considers the right of a respondent parent in a juvenile abuse, neglect, or dependency (AND) proceeding to hire counsel of their own choosing and what standards, if any, a retained attorney must meet to be allowed to represent a parent. In re A.K., __ N.C. App. __ (August 6, 2024). The case also includes discussion of the procedures for appointing a Rule 17 guardian ad litem to a respondent parent – an issue I will explore in a later post. This post focuses on what the opinion in A.K. does – and does not – tell us about a parent’s right to hire counsel.