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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.

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 […]