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Today is GiveUNC, the University’s annual day of giving. As Dean Mike Smith is set to step down as Dean at the end of this year, today we are celebrating […]

The Juvenile Code requires the court to select the most appropriate disposition for the delinquent juvenile. G.S. 7B-2501(c). Under this statute, the disposition must be designed to protect the public and to meet the needs and best interests of the juvenile based on offense severity, the need for accountability, the importance of protecting public safety, the juvenile’s degree of culpability, and the rehabilitative and treatment needs of the juvenile. There are many different statutory pathways available to the court to structure individualized dispositions targeted to meet the needs of the juvenile and reduce their risk of reoffending. This post explores some of those options, with an emphasis on alternatives outside of standard terms and conditions for probation or placement in out-of-home settings.

I’m excited to announce the launch of two major things today. First, the new North Carolina Clerk of Superior Court Manual Series website is now available at www.sog.unc.edu/clerksmanual. We took […]

Appropriate service of process is one of the necessary elements for personal jurisdiction—meaning the documents used to initiate a civil lawsuit, a summons and complaint, must be served on the […]

It is with great joy and enthusiasm that I am announcing these two updated resources for those of you who work in the area of child welfare. Abuse, Neglect, Dependency, […]

On October 1, 2021, two laws went into effect that pertain to parents who test positive for controlled substances while involved in juvenile abuse, neglect, or dependency (A/N/D) proceedings. Together, the laws

• dictate what happens to a parent’s court ordered visits following a positive test,
• clarify that participation in Medication-Assisted Treatment is not a violation of an order prohibiting substance use, and
• implicitly acknowledge that parents who may use drugs still have roles to play.

Were the constitutional rights of defendants who were prosecuted as adults in criminal court for offenses that they committed at ages 16 or 17, and prior to December 1, 2019, violated because the jurisdictional changes under raise the age were not retroactive? The North Carolina Court of Appeals does not think so. The decision in State v. Garrett, 2021-NCCOA-591, answers this question.

Marital debt is debt incurred during the marriage by either or both spouses for the joint benefit of the parties. Huguelet v. Huguelet, 113 N.C. App. 533 (1994). The party […]

Effective for all incompetency and guardianship proceedings filed after October 1, 2021, S.L. 2021-53 (S 50) created a new statute, G.S. 35A-1121, that enables clerks to authorize a single transaction or protective arrangement—without appointing a guardian. I have received a lot of consults on the new law since it passed. It is not intended to be a magic wand. The law is a tool—one that may prove effective when used in the right situations. To make sure their clients remain protected, GALs need to understand what the law is and is not.

Begin reading this post by standing up. Remain standing if you have worked in a position that has required you to interact directly and regularly with members of the public […]