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This post covers recent statutory changes related to the custodial interrogation of youth who are 16 and 17 years of age and to the issuance and execution of secure custody orders in delinquency cases. All of these changes are contained in Session law 2023-114 and will apply to offenses committed on or after December 1, 2023.
Each year the School of Government publishes new and revised pattern jury instructions for civil, criminal, and motor vehicle negligence cases. Those instructions are created and compiled by the North […]
In Klein v. Klien, filed October 3, 2023, husband argued on appeal that the trial court erred in failing to include in the calculation of wife’s income for the purpose […]
As the 2023 Legislative Session continues, many session laws that amend child welfare statutes, including abuse, neglect, dependency; termination of parental rights (TPR); adoption of a minor; and foster care licensing became effective on various dates. Some of these changes are significant. Some session laws focus on specific statutory changes involving an individual juvenile or family; other session laws make changes to state systems.
Session Law 2023-114 includes many provisions that change the law governing delinquency cases. This is the first in a three-part series of blogs detailing those changes. It covers the changes to the laws that govern transfer of cases to superior court for trial as an adult and the mandate to assess mental health needs before disposition through the comprehensive clinical assessment (CCA) and care review processes. All of the S.L. 2023-114 changes described in this blog will apply to offenses committed on or after December 1, 2023.
Both federal and North Carolina fair housing laws make it unlawful for a housing provider to refuse to make a reasonable accommodation that a person with a disability may need […]
This blog was updated on October 3, 2023 to incorporate amendments made by the 2023 Appropriations Act (S.L. 2023-134). The changes are in italics.
On August 16th, the legislature used an override of the Governor’s veto to pass S.L. 2023-106 (S49), a law enumerating the rights of parents regarding their children’s education, health care, and mental health needs. But in addressing a parent’s rights, the law contains some exceptions when the child is alleged to be abused, neglected, or dependent. Notably, the new law defines “parent” as “any person with legal custody of a child, including a natural or adoptive parent or legal guardian.” In cases where a department of social services (DSS) has filed a petition alleging a juvenile is abused, neglected, or dependent, DSS may obtain custody of the juvenile, or the court may ultimately award legal custody or guardianship to a person who is not the juvenile’s parent. As a result, the new law impacts abuse, neglect, and dependency cases. This post discusses the new law as it relates to abuse, neglect, and dependency cases only and is not a comprehensive discussion of the new law generally.
Yesterday was a very difficult day here at UNC Chapel Hill. One of the faculty members in the Department of Applied Physical Sciences in the College of Arts and Sciences, […]
This post is written by my colleague, Kirsten Leloudis, and is cross-posted on the School’s Coates Canons Blog.
On August 16, 2023, Session Law (S.L.) 2023-106 was passed after a legislative override of the Governor’s veto. Part 1 of the session law establishes a “Parent’s Bill of Rights,” Part 2 outlines new requirements related to parents’ involvement in their child’s education, and Part 3- the focus of this blog post- codifies standards for obtaining parental consent for treatment of minors. Since the law’s passage, many have asked: “What’s the status of North Carolina’s minor’s consent law, G.S. 90-21.5(a), in light of the new requirements in S.L. 2023-106, Part 3 addressing parents’ rights?” Let’s discuss!
One of the more common questions I receive about the transfer of a case from juvenile jurisdiction to the jurisdiction of the superior court for trial as an adult is whether transfer can be ordered based on consent of the juvenile. The issue seems to cross my desk when a juvenile has some charges pending in criminal court and there are unrelated felony charges pending under juvenile jurisdiction. The short answer is no. The statutory structure that governs transfer does not allow for ordering transfer based on consent. Why?