Recent blog posts - 12 of 69

Are there limits on the court’s ability to continue the dispositional hearing in a delinquency case? The Court of Appeals recently identified one limit In re D.R.F., Jr., ____ N.C.App. _____ (May 7. 2024).  The court held that a continuance for the sole purpose of placing the juvenile in secure custody as punishment before disposition is not a valid basis for that continuance and constitutes an abuse of discretion.

Recently, I had the pleasure of teaching “Introduction to Small Claims Court” to a group of magistrates who turned out to be actors in disguise. The course culminated in a […]

The North Carolina Court of Appeals recently voided an entire equitable distribution judgment because the trial court denied a motion to add as a party a revokable trust alleged to […]

When the court issues an order of disposition committing a juvenile to a youth development center (YDC), that commitment is almost always required to be for an indefinite period of time that lasts at least six months. G.S.7B-2513(a). The court cannot order an end date for these commitments. However, the court is required to determine the maximum period the juvenile may remain committed before an extension would have to be filed or the juvenile must be released, and to notify the juvenile of that determination at the time disposition is ordered. G.S.7B-2513(a4). How should this maximum period of commitment be calculated? And is every commitment eligible for an extension? This post addresses these questions.

In North Carolina, a juvenile who is the subject of an abuse, neglect, or dependency petition may be placed in the custody of a Department of Social Services (DSS). When DSS has a court order of custody, it places a child outside of the child’s home, often in a licensed foster home or in the home of a relative or other placement provider. Here at the School of Government (SOG), we are often asked whether North Carolina law authorizes foster parents (or the child’s placement providers) to consent to health services for the children in DSS custody who are placed in providers’ homes. Spoiler: the answer is “no.” If foster parents or placement providers cannot consent to medical care for the children in their home, must the person whose consent is required (e.g., a DSS caseworker) attend and give consent at every appointment for every child who is in DSS custody? This blog post, co-authored by SOG faculty Kirsten Leloudis and Sara DePasquale, addresses these questions.

The right to appeal an order in a delinquency matter is established in G.S. 7B-2602 (Right to appeal) and G.S. 7B-2603 (Right to appeal transfer decision). These statutes do not identify every order that is entered in a delinquency action. Instead, there is a right to appeal after entry of specified final orders and any order transferring jurisdiction to superior court for trial as an adult. This post explains when there is a statutory right to appeal an order in a delinquency matter, who has the right to appeal, and restrictions on juvenile court jurisdiction while an appeal is pending.

The North Carolina Court of Appeals recently reminded us that custody rights do not make a person a parent. So, while a person may have court-ordered equal custody with the […]

In North Carolina, when an adult is adjudicated incompetent and guardianship is ordered, guardianship is permanent until the first of these two developments occur: (i) the ward’s competency is restored, […]

For the past 7 years, the UNC School of Government has participated in GiveUNC, the University of North Carolina at Chapel Hill’s annual day of giving. And every year, we […]

It all began when two people fell in love…well, maybe not love, but they at least liked each other enough to enter into a landlord-tenant relationship. Like so many relationships, […]