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In my last blog post about the confidentiality of adult protective services (APS) information, I described a five-step framework for determining when a department of social services (DSS) may release […]
The most recent Court of Appeals delinquency-related decision, In the Matter of D.H., ___ N.C.App. ___ (August 20, 2025), is one of a very few opinions that addresses a trial court’s order placing a juvenile in the custody of a department of social services (DSS custody) through a delinquency disposition. This area of law can be very confusing for practitioners. At its core, the juvenile is in DSS custody without a petition alleging abuse, neglect, or dependency; instead, there is a petition alleging the juvenile is delinquent. The possibility of DSS custody is also available in undisciplined juvenile proceedings. This blog provides a brief overview of when the court can issue such an order in a delinquency or undisciplined case and explains why simultaneous nonsecure and secure custody orders and dispositional orders that include both DSS custody and commitment to a Youth Development Center (YDC) are a legal impossibility.
House Bill 620, chaptered as S.L. 2025-54, enacted several changes affecting judicial authority and administration that may be of interest to practitioners generally. This post will review the legislation’s provisions […]
*This post is co-authored with my colleague, Kristi Nickodem. For years, local stakeholders in North Carolina have been forming adult protective multidisciplinary teams (MDTs)—groups of professionals from different disciplines who […]
It is well established in North Carolina law that before a court can award custody of or visitation with a minor child to a nonparent over the objection of a […]
Service of process is fundamental to our system of civil justice. Every party to a civil action or special proceeding in North Carolina is entitled to notice of the action […]
A new school year is upon us and students across North Carolina are back in classrooms and on athletic fields. The question of who is eligible to participate in interscholastic athletics in North Carolina’s public schools is answered by the student participation rules established by the North Carolina State Board of Education. Those rules include a ban on participation following a felony conviction. This post explains the rule, explores how it applies to various legal outcomes, and offers considerations for practitioners involved in cases in which a minor is being prosecuted in criminal court for a felony charge.
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 […]
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.
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. […]