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Magistrates from around the state report to me that summary ejectment actions involving public housing authorities seem to be on the rise. In North Carolina, summary ejectment is the judicial […]
The North Carolina Supreme Court has stated that “[a] judgment awarding custody is based upon conditions found to exist at the time it is entered ….” Stanback v. Stanback, 266 […]
North Carolina will soon have a new law, effective October 1, 2024, that prohibits local governments, state agencies, the judicial branch, and the legislative branch from allowing pornography to be viewed on their networks or devices. The law, found at Section 7 of S.L. 2024-26, establishes a deadline for government employees and officials to delete any pornography from their government devices, creates reporting requirements for unauthorized viewing or attempted viewing of pornography, and requires public agencies (including units of local government and public school units) and the judicial and legislative branches to adopt policies governing the use of their networks and devices. It also contains some important exceptions for employees and officials who might need to view pornography (as that term is defined by this new law) as part of their official duties.
Session Law 2024-17 enacts changes to the law regarding the scope of original juvenile jurisdiction beginning with offenses committed on or after December 1, 2024. Law changes regarding the existing process to transfer a case from juvenile to superior court will also take effect at that time. Read on for a description of the changes.
The North Carolina General Assembly made some changes to child welfare laws during this short session. Many of these changes have taken effect and some will be effective by January 1, 2025. All the amendments are important for those of you who practice in this area to be aware of.
I wrote about the opinion in Green v. Carter, 900 S.E.2d 108 (N.C. App., March 19, 2024), in this post: https://civil.sog.unc.edu/an-unmarried-partner-with-joint-legal-and-physical-custody-is-not-a-parent-and-cannot-be-ordered-to-pay-child-support/ The court of appeals held that the partner of […]
This post is written by my colleague, Kirsten Leloudis, who works in the area of public health. Her contact information is below.
On June 25, 2024, changes to the HIPAA Privacy Rule aimed at supporting reproductive health care privacy went into effect. Last week, I published a blog post about these changes, including the creation of three new types of prohibited uses and disclosures of protected health information (PHI). This post addresses another major change to the law: a new attestation requirement that applies to four types of uses and disclosures when the PHI at issue is “potentially related” to reproductive health care. It’s not just covered entities and business associates that need to understand this new requirement- judicial officials, law enforcement, health oversight agencies, and medical examiners who frequently request PHI to carry out their official duties will likely encounter situations that require them to comply with the new attestation requirement, too.
Across North Carolina, there are 55 child advocacy centers (CACs) providing services to children who have experienced maltreatment, including physical or sexual abuse. County departments of social services and local […]
Is the court bound to order a certain disposition in a delinquency matter when the juvenile and the prosecutor agree to that disposition as part of an agreement? The short answer is no. The Juvenile Code requires the court to engage in certain procedures, to consider certain factors, and to order disposition in accord with certain parameters when developing and ordering a delinquency disposition. The mandates on the court cannot be delegated to the parties and they are not optional. This post describes these mandates and explores the implications for dispositional outcomes that are agreed upon by the juvenile and the prosecutor.
I absolutely love my job. As a faculty member at the 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 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. For teaching, we have the opportunity to create informed, practical programs that not just teach the subject matter but incorporate methodologies to use that can improve practice. For example, I just created and administered a two-day course on termination of parental rights for district court judges, and a focus throughout the course addressed employing trauma-informed practices not just for the families but for the attorneys, judges, clerks, and bailiffs who are in the courtroom during these challenging hearings.
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.