BLOG
If wife filed a complaint requesting child support, alimony, and property distribution in Watauga County and a few weeks later, while wife’s claims remained pending in Watauga County, husband filed […]
Over the last several years, the School of Government has developed new and exciting resources to support local multidisciplinary teams (MDTs) involved with protecting adults from abuse, neglect, and […]
One of the many unique features of the juvenile justice system is the law related to the permissible uses of detention. Called secure custody in the Juvenile Code, placement of a juvenile in detention is permitted only when specifically authorized by statute. This post reviews the legally allowable circumstances for the use of juvenile detention. If the situation of a particular juvenile does not match any of these circumstances, then the juvenile cannot be ordered to be held in a detention facility. Note that detention applies only to juveniles who are the subject of delinquency or undisciplined proceedings and is never permitted in an abuse, neglect, or dependency action.
The ramifications of the COVID-19 pandemic on prisons and the court system have been wide-reaching. We are still seeing, and will likely continue to see, the tentacles of these issues stretch into cases for years to come. The North Carolina Supreme Court recently issued a decision tackling one such issue: whether a parent who was unable to attend a termination of parental rights hearing because he was incarcerated during a pandemic-related prison lockdown was entitled to a continuance so he could be present for the hearing. In re C.A.B., 2022-NCSC-51, ¶ 1.
Meet Austria. She’s one of the loves of my life. We’ve been together for more than 10 ½ years. She has been a witness to my life during that time […]
Last month the Court of Appeals held in In re J.A.D., 2022-NCCOA-259, that the findings in an adjudication order were deficient because they did not include an affirmative statement […]
As with child support, spousal support orders are most often enforced by contempt after a supporting spouse has failed to comply with the order. G.S. 50-16.7(j)(postseparation support and alimony are […]
N.C. Gen. Stat. 50-13.4 requires the North Carolina Conference of Chief District Court Judges to prescribe uniform statewide presumptive guidelines for determining the child support obligations of parents, and to […]
Comprehensive clinical assessments (CCA’s) are frequently completed—and sometimes required—prior to ordering a disposition in a delinquency matter. G.S. 7B-2502(a2). You can find more information about when the statutory requirement is triggered in a previous blog. CCA’s contain information about the juvenile’s mental health and they may also contain information about substance use disorder treatment. These kinds of information are covered by federal confidentiality laws that are not specifically addressed by the Juvenile Code. While the federal laws generally prohibit disclosure absent a valid patient authorization, courts can order disclosure after following the required procedure and making certain findings. The North Carolina Administrative Office of the Courts (NCAOC) recently released new and revised forms that are structured to provide the court access to CCA’s while complying with the requirements of federal confidentiality laws. This post explains why and how to use the new and revised forms.
We wish we were singing Hello Dolly but, as you may have heard, Dolly Whiteside, longtime Chief Special Counsel with the Office of Indigent Defense Services (IDS) retired on March 31 after FORTY-THREE YEARS of public service. In her work, Dolly focused primarily on civil commitment, incompetency, and guardianship matters. She has been a tireless advocate, not only for the people whose lives are at stake in those proceedings, but also for the hardworking and dedicated attorneys who represent them. Dolly has been a valued partner to our Public Defense Education team at the School of Government, always willing to lend her expertise and insight when answering legal questions and collaborating on countless educational programs over the years. We will miss her tremendously. Dolly, enjoy retirement—you have more than earned it—but please come back and say Hello.
As sad as we are to see Dolly go, we are equally excited about the appointment of Chad Perry as Chief Special Counsel at IDS. Chad spent close to a decade working as an assistant public defender in Durham County, where he represented clients charged with misdemeanors and felonies as well as clients in civil commitment and youth drug treatment courts. Chad also served as an attorney with the Office of the Inspector General and with the Social Security Administration’s Appeals Council. Most recently, Chad represented respondents in commitment hearings in Wake County for the Office of Special Counsel.