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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Disclosing Adult Protective Services Information: The Legal Framework and a New Flowchart
In North Carolina, each county department of social services (DSS) is responsible for receiving and evaluating reports of alleged abuse, neglect, or exploitation of disabled adults. See G.S. 108A-102 and –103. These reports and the evaluations that follow them often involve highly sensitive information about vulnerable adults. From time to time, each DSS receives requests for this adult protective services (APS) information. For example, a law enforcement agency may want APS information to help solve a crime or protect a crime victim. A medical examiner may seek APS information to investigate an individual’s cause of death. A concerned family member may ask for APS information to better understand how DSS handled a deceased relative’s case. In each of these scenarios, DSS needs to understand when it is legally allowed—or even required—to release this information. This blog explores North Carolina’s laws regarding the confidentiality of APS information, including introducing a new flowchart for analyzing when state and federal laws allow APS information to be disclosed. Future blog posts in this series will provide examples of mandatory and permissive disclosures of APS information.
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The Evolving Law of Juvenile Jurisdiction
The law that governs which cases begin under juvenile jurisdiction changed three times between 2019 and 2025. Each change applies to offenses beginning on and after the effective date of the legislation and is impacted by subsequent changes. This blog pulls the different changes together in one place, providing the quick reference chart below to explain which cases begin under juvenile jurisdiction and which cases begin under criminal jurisdiction. Continue Reading
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Circulating Draft Orders in Juvenile Abuse, Neglect, Dependency Proceedings
Assume a hearing in a juvenile abuse, neglect, or dependency (AND) matter has just concluded. The judge announced the broad strokes of their ruling from the bench. Questions about who is responsible for drafting the order, the need to circulate the order, what happens when a draft order is received by the judge, and the effect on this process if a party appears pro se are discussed in this post. Continue Reading
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Contempt: NC Court of Appeals vacates a “springing” order for arrest
In this earlier post, my current colleague Danny Spiegel (who was an NC Assistant Appellate Defender at the time the post was published), analyzed the law of civil contempt and concluded that “springing orders for arrest upon future nonpayment of purge payments in child support civil contempt proceeding without contemporaneous inquiry into ability to pay” are unlawful. https://civil.sog.unc.edu/civil-contempt-and-springing-orders-for-arrest/ In an opinion issued June 18, 2025, the NC Court of Appeals agreed with that assessment. Collins v. Holley, NC App. (June 18, 2025).
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State Oversight of County Departments of Social Services: Changes in Session Law 2025-16
Session Law 2025-16 (HB 612) was signed into law on June 26, 2025. It makes numerous changes related to child welfare, many of which are discussed by my colleague Sara DePasquale in this blog post. Section 1.17.(b) of the new law, entitled “Christal’s Law,” specifically addresses the relationship between the North Carolina Department of Health and Human Services (NCDHHS) and county departments of social services (DSS), including the extent to which NCDHHS may be held liable for the actions of a county DSS. This post focuses on those changes in the state’s oversight authority regarding each county DSS.
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The Fostering Care in NC Act: Changes to Child Welfare and DSS that Are Effective Now
On June 26, 2025, H612 was signed by the Governor and became S.L. 2025-16. This session law makes significant amendments to the laws addressing juvenile abuse, neglect, and dependency (A/N/D) and the oversight provided by the North Carolina Department of Health and Human Services (NCDHHS) over county departments of social services (DSS). The session law also affects termination of parental rights, adoptions of minors, permanent no contact orders, felony child abuse, and criminal history checks for applicants for city and county jobs that involve working with children. Finally, this session law enacts a guardianship assistance program for certain children who were in DSS custody when guardianship was ordered. The various sections of this significant 32-page session law have different effective dates, with some sections effective on June 26, 2025 and others not effective until as late as April 1, 2026. This blog only summarizes the changes that are effective now. Continue Reading