The most recent Court of Appeals delinquency-related decision, In the Matter of D.H., ___ N.C.App. ___ (August 20, 2025), is one of a very few opinions that addresses a trial court’s order placing a juvenile in the custody of a department of social services (DSS custody) through a delinquency disposition. This area of law can be very confusing for practitioners. At its core, the juvenile is in DSS custody without a petition alleging abuse, neglect, or dependency; instead, there is a petition alleging the juvenile is delinquent. The possibility of DSS custody is also available in undisciplined juvenile proceedings. This blog provides a brief overview of when the court can issue such an order in a delinquency or undisciplined case and explains why simultaneous nonsecure and secure custody orders and dispositional orders that include both DSS custody and commitment to a Youth Development Center (YDC) are a legal impossibility. Continue Reading
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Recent Legislative Changes Affecting Judicial Authority and Administration
House Bill 620, chaptered as S.L. 2025-54, enacted several changes affecting judicial authority and administration that may be of interest to practitioners generally. This post will review the legislation’s provisions affecting removal proceedings, the jurisdiction of specially assigned superior court judges, substitution of one trial judge for another, age limits for service as a trial judge, protocols for recovery courts, the disclosure of courtroom audio recordings, training and educational materials for jurors, and the appointment of magistrates.
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Statutory Case Review Multidisciplinary Teams: S.L. 2025-23 Provides a New Model for Protecting Vulnerable Adults
*This post is co-authored with my colleague, Kristi Nickodem.
For years, local stakeholders in North Carolina have been forming adult protective multidisciplinary teams (MDTs)—groups of professionals from different disciplines who find ways to prevent and respond to abuse, neglect, and exploitation of vulnerable adults. Effective October 1, Session Law 2025-23 authorizes each North Carolina county to form a “Case Review Multidisciplinary Team,” whose members will be legally permitted to share confidential information with each other as necessary to investigate, review, and coordinate services for active adult protective services cases. The stated public policy of this new law recognizes that professionals from disparate disciplines have expertise that can promote the safety and well-being of disabled adults and older adults and prevent re-victimization. G.S. 108A-118(a). This blog post explains the requirements of the new law and addresses some frequently asked questions. If you are interested in learning more about S.L. 2025-23, we also have a one-hour webinar that is available for free on demand.
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Nonparent v. Parent Custody: Who Can Ask For Custody?
It is well established in North Carolina law that before a court can award custody of or visitation with a minor child to a nonparent over the objection of a parent, the nonparent must allege and prove that the parent is unfit, has neglected the welfare of the child, or has otherwise acted in a manner inconsistent with his or her constitutionally protected status as parent. Price v. Howard, 346 N.C. 68 (1997). [a discussion of the court’s authority to award visitation pursuant to the grandparent visitation statutes is beyond the scope of this post.] If that allegation is proven, the trial court may proceed to determine custody or visitation by application of the best interest of the child standard. If the nonparent third party cannot show that the parent is unfit or has lost their protected status, all custody and/or visitation claims against a parent must be dismissed.
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When Service of Process Becomes Abuse
Service of process is fundamental to our system of civil justice. Every party to a civil action or special proceeding in North Carolina is entitled to notice of the action and an opportunity to be heard before an impartial judicial official.
Here’s a basic question: how does a person, a corporation, or a governmental body know whether they are being sued, and if so, how long they have to respond to the lawsuit? Receiving a demand letter written by a lawyer is not enough; lawyers send scary letters without filing lawsuits all the time. Neither is it enough to receive a signed complaint. A signed complaint does not necessarily bring a claim before the court. Even receiving a complaint bearing the file-stamp of the clerk of superior court does not inform a party how long they have to answer.
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No Interscholastic Athletics Participation in Public Schools After a Felony Conviction
A new school year is upon us and students across North Carolina are back in classrooms and on athletic fields. The question of who is eligible to participate in interscholastic athletics in North Carolina’s public schools is answered by the student participation rules established by the North Carolina State Board of Education. Those rules include a ban on participation following a felony conviction. This post explains the rule, explores how it applies to various legal outcomes, and offers considerations for practitioners involved in cases in which a minor is being prosecuted in criminal court for a felony charge. Continue Reading
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Annual Report from the North Carolina Judicial College (2024-25)
I am excited to share this year’s annual report from the North Carolina Judicial College. Taking stock of a year’s work can be a meaningful exercise, and I’m proud of what we — and the judicial officials we serve — accomplished. Last year, we offered nearly 50 continuing education courses that provided more than 700 hours of continuing education credit. Those courses included Advanced Criminal Procedure for Superior Court Judges, Conducting Hearings and Entering Judgment for Magistrates, Drafting Orders for Clerks, and the Indian Child Welfare Act Seminar, all of which are featured in the report along with reviews from participants. We also participated in the awarding of certifications to several officials. Seven district court judges were among the first group to ever receive the Advanced Juvenile Justice Certification and eleven magistrates were certified, nine in civil law and two in criminal law. The report lists those officials by name and district; if you know them, please extend your congratulations.
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The Fostering Care in NC Act: Changes to Child Welfare Effective October 1, 2025, Part 1
This is my second post discussing S.L. 2025-16, the Fostering Care in NC Act. The various sections of this significant 32-page session law have different effective dates. Some sections became effective on June 26, 2025 and are discussed in my previous post – https://civil.sog.unc.edu/the-fostering-care-in-nc-act-changes-to-child-welfare-and-dss-that-are-effective-now/ – and my colleague’s post discussing changes to DHHS oversight https://civil.sog.unc.edu/state-oversight-of-county-departments-of-social-services-changes-in-session-law-2025-16/).
Other sections are effective on October 1, 2025. The focus of this blog is on most of the provisions in Part I of S.L. 2025-16 that become effective on October 1, which is not that far away. Continue Reading
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New Judicial College Course Catalog
The North Carolina Judicial College was founded in 2005 to expand the education and training the School of Government has provided to judicial branch officials since its founding in 1931. And expand we have! Last year we offered nearly 50 continuing education courses that provided more than 700 hours of continuing education credit. Those courses include orientation programs, classes focused on discrete topics of interest, experiential learning opportunities, skills-based training, and leadership seminars. They are offered to an array of judicial officials, including trial and appellate court judges, magistrates, and clerks of court.
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Anatomy of a Judgment Form: Recovery of Money or Personal Property
Over the years that I presided in small claims court, I entered hundreds, if not thousands, of form judgments without ever really pausing to examine the form. Recently, I taught a new course for magistrates on conducting hearings and entering judgments. As part of that course, I spent a couple of sessions analyzing two judgment forms frequently used by magistrates in small claims: AOC-CVM-400, Judgment in Action to Recover Money or Personal Property; AOC-CVM-401, Judgment in Action for Summary Ejectment. This post will explore the various parts of the form judgment for the recovery of money or personal property and the legal significance of the form’s contents.
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