Recent blog posts - 5 of 71

The end of the year is nearing, and you may be one of those individuals who like to look back and reflect on your year and decide what you’d like to continue and what you’d like to change moving forward. One thing you may want to consider is joining the School of Government. We are hiring for three positions:

• Assistant Professor of Family Law,
• Legal Research Associate, and
• Local Government Law Fellow.

In an earlier blog post, I summarized North Carolina’s harm reduction immunity laws, including our safe syringe exchange law, G.S. 90-113.27, our Good Samaritan law, G.S. 90-96.2, and others.  As […]

A common conundrum for law enforcement, judicial officials, and citizens is how to remove an occupant from residential property when the occupant is not a tenant. If the occupant is […]

When a defendant fails to answer a complaint, the plaintiff can seek default judgment. Default judgment is a two-step process governed by G.S. 1A-1, Rule 55. Step one: the plaintiff […]

The 2025 legislative session resulted in a small number of changes to the laws that govern delinquency proceedings. They include extended terms of probation and post-release supervision in some cases, prosecutorial authority to file a motion for review, a new requirement for hearings to terminate probation for cases in which there is a victim, and technical changes to conform school notification requirements.

In my last post, I dissected the form Judgment for Actions to Recover Money or Personal Property, AOC-CVM-400. This post will focus on AOC-CVM-401, Judgment in Action for Summary Ejectment, […]

The North Carolina General Assembly recently addressed family law issues in several pieces of legislation. This post addresses legislation effective on or before October 1, 2025. Changes effective on later […]

The 2024 Annual Report issued by the North Carolina Division of Juvenile Justice and Delinquency Prevention (DJJDP) includes descriptive information related to the processing of cases in the juvenile justice system and the use of facilities that serve juveniles.  Highlights include a notable increase in motor vehicle-related property offenses and increased demand for capacity in juvenile detention facilities. This post explores these highlights. All the data included below comes from the 2024 Annual Report unless otherwise noted.

Child welfare records maintained by a department of social services (DSS) contain sensitive information that parties in various proceedings are often interested in seeing. A complex web of state and federal law governs the disclosure of these records – more than I can cover here. For purposes of this post, it’s sufficient to know that G.S. 108A-80 is a broadly applicable confidentiality statute that applies to DSS and covers client information generally. Absent limited statutory exceptions, G.S. 108A-80(a) prohibits disclosure of information related to individuals who apply for or receive public assistance or social services, including child welfare services.

Child welfare information is also subject to an additional set of confidentiality restrictions under Chapter 7B of the North Carolina General Statutes. For example, G.S. 7B-302 makes information that is obtained by DSS related to a juvenile’s alleged abuse, neglect, or dependency (A/N/D) confidential. Similarly, G.S. 7B-2901(b) requires DSS to maintain confidential records of juveniles it has in its custody. Both statutes provide exceptions to the confidentiality requirement.

This post explores how the exceptions in G.S. 7B-302 and 7B-2901(b) apply when a party—either in a North Carolina civil case where DSS is not a party or in a criminal or delinquency matter—wants DSS child welfare records about someone other than themselves. Note that in this post I use the term ‘DSS records’ to refer to child welfare records maintained by DSS, including those from juvenile A/N/D proceedings.

On January 1, 2026, a new kind of will can be offered for probate in North Carolina. Session Law 2025-33, Part VIII adds a new Article 11 to Chapter 31 […]