Imagine a case involving a juvenile who lives in North Carolina and is in secure custody because of a charge of an act of delinquency in New York comes across your desk. You look to the Juvenile Code to read the statute that governs interstate issues. You find Article 40 of Chapter 7B, “Interstate Compact for Juveniles.” But, after reading Article 40, you realize that there is no statutory guidance regarding the actual procedure in the case. Where do you turn? The law regarding interstate matters in juvenile justice cases is perhaps the best kept secret in juvenile law. The actual substance can only be found in the Rules promulgated by the Interstate Commission for Juveniles. Continue Reading
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Transportation of High-Risk Juveniles in DSS Custody: The New G.S. 7B-905.2
Children and teens who are in the custody of DSS are (or have been alleged to be) abused, neglected, and/or dependent. While in out-of-home placements, these children experience (1) ongoing separation from their families and communities (e.g., parents, siblings, school), (2) losses (relationships, pets, their home), (3) unpredictability (parent behavior at visits), and (4) uncertainty (placement transitions, caseworker turnover). Not surprisingly, these children have a significantly higher rate (up to 80%) of mental health issues than children who are not involved with child welfare (18-22%).[1] Compounding this situation is the lack of appropriate placements for children in DSS custody.[2] Concerns about DSS safely transporting children in its custody to placements when those children have significant mental health needs has arisen. Addressing transportation concerns, the NC General Assembly in the 2023 Appropriations Act enacted G.S. 7B-905.2: “Transportation of High-Risk Juveniles,” effective retroactively to July 1, 2023. See S.L. 2023-134, sec. 9J.13.
G.S. 7B-905.2 is limited in scope and should not be relied upon 1) for any and all transportation issues for juveniles in DSS custody or 2) for transporting juveniles who are not in DSS custody but have behavioral issues. This post discusses when G.S. 7B-905.2 applies, what it allows, and what it does not. Continue Reading
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Contempt: Does an Order to Show Cause have to be served by Rule 4 service?
It is a common question: when the court issues an order to show cause for contempt, how is that order served on a respondent? Is the order required to be served pursuant to Rule 4 of the Rules of Civil Procedure (generally meaning personal service by the sheriff or certified mail) or is Rule 5 service sufficient (generally meaning regular mail to the party or party’s attorney)? Unfortunately, the answer to that question is a bit murky.
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Registration of a Foreign Custody Order Pursuant to GS 50A-305 Does Not Register the Child Support Provisions in the Same Order
A child support order entered by a court in a jurisdiction other than North Carolina must be registered in North Carolina pursuant to the Uniform Interstate Family Support Act, N.C. Gen. State. Chapter 52C (“UIFSA”), before it can be enforced or modified in North Carolina. G.S. 52C-6-609. A child custody order entered by a court in a jurisdiction other than North Carolina is not required to be registered before it can be modified or enforced in North Carolina, see blog post https://civil.sog.unc.edu/does-a-foreign-custody-order-have-to-be-registered-before-our-court-can-enforce-it-or-modify-it/, March 6, 2015, but the Uniform Child Custody Jurisdiction Act, N.C. Gen Stat. Chapter 50A (the “UCCJEA”) does provide a registration process for a foreign custody order when a parent or other custodian wants assurance that North Carolina courts will recognize and enforce an out-of-state custody order. G.S. 50A-305.
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When Child Abuse or Neglect Ends in a Fatality, What Does the Public Have a Right to Know?
Every year, county departments of social services investigate thousands of reports of child abuse and neglect across North Carolina. Tragically, some of those cases of abuse or neglect end in the death of a child. After one of these fatalities occurs, concerned citizens, public officials, and members of the media often have questions about the circumstances leading up to the fatality. The public often wants to understand whether a county department of social services (DSS) was involved with the child, and if so, whether more could have been done to prevent the child’s death. Though child protective services information is highly confidential, a North Carolina statute gives any member of the public a right to request and receive specific information after certain child fatalities and near fatalities. This blog post discusses the responsibilities of public agencies to disclose information under this statute, G.S. 7B-2902. Continue Reading
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Parents Forfeited Their Right to Court-Appointed Counsel in TPR: What Is the Law for Attorney Representation of Parents in A/N/D and TPR Actions?
North Carolina law requires that parents in abuse, neglect, dependency (A/N/D) and termination of parental rights (TPR) cases receive court-appointed counsel if they are indigent. G.S. 7B-602; 7B-1101.1. Parents also have a right to knowingly and voluntarily waive their statutory right to counsel. Id. The question of whether a parent may forfeit their right to counsel in a juvenile proceeding based on their behaviors had not been answered until recently. Three appellate opinions address the issue and answer that question. Parents can and have forfeited their statutory right to court-appointed counsel. To get to forfeiture, you first need to understand the rules related to a parent’s statutory right to court-appointed counsel. Continue Reading
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New Law Authorizing Public Release of Juvenile Information in Limited Circumstances
One of the central differences between delinquency matters and criminal matters is that juvenile records are not subject to public inspection. This includes juvenile court records (G.S. 7B-3000(b)); all law enforcement records and files concerning juveniles, unless jurisdiction has been transferred to superior court (G.S. 7B-3001(b)); and all records and files maintained by the Division of Juvenile Justice (G.S. 7B-3001(c)). Part II of Session Law 2023-114 adds a new G.S. 7B-3103 to the Juvenile Code to establish a limited exception to the confidentiality of juvenile records. It allows the release of juvenile information to the public under certain circumstances. This new law applies to offenses committed on or after December 1, 2023. Continue Reading
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Change is Coming: The Consideration of Less Restrictive Alternatives in Adult Guardianship Proceedings Mandated by S.L. 2023-124
Significant changes are on the way for individuals, legal practitioners, and public officials involved in North Carolina incompetency and adult guardianship proceedings. The recently enacted Session Law 2023-124 mandates the consideration of less restrictive alternatives (LRAs) to guardianship prior to an adjudication of incompetency. There is a lot to cover on this topic; more than can fit in a single blog post. As a result, this post will focus on (i) introducing the statutory changes brought about by this new law and (ii) highlighting some key things the parties and the court will need to do differently with respect to petitions filed on or after January 1, 2024. S.L. 2023-124, sec. 7.13.
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New Supports for Relative Placements of Abused, Neglected, and Dependent Juveniles
**UPDATE** Effective July 8, 2024, S.L. 2024-34 extended eligibility for financial assistance described in this post to include individuals who are providing full-time foster care to a child in DSS custody that the caretaker is related to and “if applicable, any half siblings, regardless of their [the half-sibling’s] relationship to the kinship caregiver.” Part IV, Section 4. This allows siblings to be placed together and for the caretaker to receive financial assistance for all the children to whom they are providing full-time care. See G.S. 7B-505(a1); 7B-903.1(c1) (prioritizing siblings being placed together).
Recent changes to both state and federal law aim to increase support for relatives who provide placement and care of juveniles who are the subject of abuse, neglect, and dependency (AND) proceedings. Financial assistance to offset the costs of care and the possibility of new and relaxed licensing standards for relative placements could have a significant effect on a number of juveniles across North Carolina. This post addresses the new laws and considers what it may mean for children, families, and attorneys who represent parents in juvenile AND proceedings.
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Is a parent always a ‘necessary party’ to a custody action?
Consider a custody action brought by a grandparent against the mother of a child. Grandmother is seeking primary custody, arguing that mother is unfit and has waived her constitutional right to exclusive care, custody, and control of her child. Grandmother does not name the father of the child as a defendant and makes no attempt to serve him with process. The complaint states that neither the grandmother nor the mother know the location of the father, and the father has never been involved in the life of the child. Can the court move forward on grandmother’s claim without the father named as a party?
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