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A UNC School of Government Blog
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  • BIG NEWS: S.L. 2019-245 Creates a New Universal Mandated Reporting Law for Child Victims of Crimes and Changes the Definition of “Caretaker”

    This entry was contributed by Sara DePasquale on November 13, 2019 at 9:00 am and is filed under Child Welfare Law.

    This post was amended October 3, 2023 to reflect a new statutory exemption for reporting.

    An Act to Protect Children from Sexual Abuse and to Strengthen and Modernize Sexual Assault Laws, S.L. 2019-245 (S199) enacts and amends various laws related to crimes;* amends some civil and criminal statutes of limitations; requires mandatory training for school personnel addressing child sex abuse and trafficking; amends the definition of “caretaker” as it relates to child abuse, neglect, or dependency; and creates a new universal mandatory reporting law for child victims of certain crimes.

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    This entry was tagged with the following terms: abuse neglect and dependency, caretaker, child victims, Mandatory reporting laws.
  • Small Claims Appeals in Summary Ejectment Cases

    This entry was contributed by Dona Lewandowski on November 11, 2019 at 3:41 pm and is filed under Small Claims Law.

    In Small Claims Land there are so many questions about appeals for trial de novo that I could write a book – if only I knew the answers. Ba-dum-bum-CHING! In light of my limited mastery of a mysterious topic, a blog post seems like a better idea than a book. Today I’m going to talk about five possible endings in district court when a summary ejectment case is appealed. Certainly, there are more than five, so this list is not exhaustive. My hope is that at least one of them will be informative for you.

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    This entry was tagged with the following terms: landlord-tenant, small claims, summary ejectment.
  • Equitable Distribution: significant legislative amendments regarding retirement accounts and other forms of deferred compensation

    This entry was contributed by Cheryl Howell on October 30, 2019 at 8:30 am and is filed under Family Law.

    North Carolina S.L. 2019-172 (H 469) made substantial revisions to GS 50-20.1 governing the classification, valuation and distribution of pension, retirement and deferred compensation benefits. The changes apply to distributions made on or after October 1, 2019.

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    This entry was tagged with the following terms: deferred compensation, equitable distribution, pension, retirement.
  • Raise the Age FAQs

    This entry was contributed by Jacquelyn Greene on October 22, 2019 at 1:22 pm and is filed under Juvenile Justice, Juvenile Law.

    Training efforts to support implementation of the Juvenile Justice Reinvestment Act, or “raise the age,” are in full swing. With the December 1, 2019 implementation date drawing near, I have had the pleasure of teaching about the new law at many fall conferences and at five regional workshops. Common questions have been raised across these venues. This blog contains answers to some of those commonly asked questions as well as information on how to access further training and resources. Continue Reading

    This entry was tagged with the following terms: raise the age.
  • Civil Actions and Financial Exploitation of Older Adults: Who Brings the Action?

    This entry was contributed by Meredith Smith on October 18, 2019 at 12:30 pm and is filed under Civil Procedure-General, Guardianship.

    Financial exploitation of an older adult is a type of elder abuse.  It occurs in many forms.  A door-to-door home repairman defrauds an older adult out of her life savings.  A caregiver gets an older adult who lacks capacity to sign a deed conveying the older adult’s property to the caregiver’s son.  An adult child steals the older adult’s debit card and withdraws significant amounts of money for his own benefit.  (Notably, a recent study suggests that relatives may perpetrate more financial elder abuse than strangers.)

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    This entry was tagged with the following terms: civil action, Clerk of Superior Court, financial exploitation, guardian ad litem, guardianship, Incompetency, Rule 17.
  • 2019 N.C. Legislative Changes to the Juvenile Code Related to Abuse, Neglect, Dependency and TPRs

    This entry was contributed by Sara DePasquale on October 10, 2019 at 1:59 pm and is filed under Child Welfare Law.

    Although the 2019 Legislative Session has not yet adjourned, there have been changes made to the abuse, neglect, dependency and termination of parental rights statutes in the Juvenile Code (G.S. Chapter 7B). The changes discussed below are already effective as law. There may be more changes to come given that the legislature has not adjourned. For now, here are key highlights of the changes to the Juvenile Code related to child welfare. Continue Reading

    This entry was tagged with the following terms: abuse neglect and dependency, Juvenile Code, new legislation.
  • SCRA is now North Carolina law and its protections are broader

    This entry was contributed by Ann Anderson on October 4, 2019 at 10:45 pm and is filed under Civil Practice, Civil Procedure-General.

    It’s almost embarrassing how many posts we’ve done about the Servicemembers Civil Relief Act (SCRA). (See here, here, here, and here, and also a bunch of others where it is at least mentioned).  Actually, I’m just embarrassed that my colleagues did all that and I didn’t write any of them.  But here I am, and my purpose here is simple: to notify you* of important new SCRA law specifically relevant to North Carolina. These changes became effective earlier this week.

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    This entry was tagged with the following terms: default judgment, dependents, military, SCRA.
  • New Delinquency Laws – It’s Not Just Raise the Age

    This entry was contributed by Jacquelyn Greene on September 24, 2019 at 10:39 am and is filed under Juvenile Justice, Juvenile Law.

    Believe it or not, there is new juvenile delinquency law to wrap your head around other than the Juvenile Jurisdiction Reinvestment Act, which will raise the age of juvenile court jurisdiction as of December 1, 2019. The 2019 legislative session resulted in several new laws related to juvenile delinquency cases that

    • change the capacity to access teen court,
    • establish new rules regarding photographing of some juveniles at the time of a show-up,
    • create parental access to counsel in the context of Department of Social Services (DSS) placements as delinquency and undisciplined dispositions,
    • establish new information sharing capacity between attorneys representing juveniles in child welfare and juvenile justice matters, and
    • ease requirements for victims of human trafficking to access a juvenile expunction.

    There is also an entirely new Article added to Chapter 7B of the General Statutes devoted to the rights of victims of delinquent acts. I will provide an overview of the delinquency-related provisions of the newly enacted legislation below. You can also access a bulleted summary of the 2019 enacted delinquency legislation on the juvenile law microsite. Several of these new statutes touch on other areas of law, such as child welfare and criminal procedure. Those provisions are outside the scope of this blog post and the bulleted summary. Continue Reading

  • Mental Illness and the Courts

    This entry was contributed by Cheryl Howell on September 18, 2019 at 1:50 pm and is filed under Uncategorized.

    From today’s Newsletter of the National Center for State Courts:

    New guide from the National Center for State Courts helps court leaders put together teams to aid those with mental illness

    Delivering on the promise of justice for all is easier said than done, but it can be that much more difficult helping litigants who suffer from mental illness.

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    This entry was tagged with the following terms: mental illness; National Center for State Courts.
  • More about minor settlements in NC: a caution about provisions in the settlement order regarding a child’s medical expenses

    This entry was contributed by Cheryl Howell on September 16, 2019 at 3:03 pm and is filed under Civil Practice.

    My colleague Ann Anderson previously wrote about minor settlements in a blog post which may be found here.

    From Ann’s post: “Although [unemancipated] minors generally are legally incapable of binding themselves to contracts, the law allows a minor’s claims to be resolved through a settlement agreement. The settlement, however, is not enforceable against the minor unless it has first been investigated and approved by the court. Sigmund Sternberger Found., Inc. v. Tannenbaum, 273 N.C. 658, 677 (1968); Ballard v. Hunter, 12 N.C. App. 613, 619 (1971) … The purpose of the court’s review is to protect the interests of the minor. The investigation must focus on the minor’s welfare and fairness to the minor under the circumstances. See Redwine v. Clodfelter, 226 N.C. 366, 370 (1946) (minor’s welfare is the “guiding star”); Reynolds v. Reynolds, 208 N.C. 578, 631−32 (1935) (affirming “fair, just, and equitable” settlement).”

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    This entry was tagged with the following terms: minor settlements; personal injury; damages; medical expenses; medical liens.
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    Contributors

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    Recent Comments

    • Cheryl Howell on New Child Support Guidelines for 2019
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