• Less Restrictive Alternatives and Incompetency Restoration Proceedings

    In North Carolina, when an adult is adjudicated incompetent and guardianship is ordered, guardianship is permanent until the first of these two developments occur: (i) the ward’s competency is restored, or (ii) the ward dies. G.S. 35A-1295(a).

    The recently enacted Session Law 2023-124 amended the definition of incompetency and introduced requirements to ensure the consideration of less restrictive alternatives (LRAs) before a petition for incompetency can be granted. These statutory changes are born out of a recognition of the seriousness of declaring someone incompetent, and to encourage, where appropriate, the use of alternative arrangements that impose less restrictions than plenary guardianship. The changes are effective as to petitions filed on or after January 1, 2024.

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  • Today is GiveUNC – Help Us Help You

    For the past 7 years, the UNC School of Government has participated in GiveUNC, the University of North Carolina at Chapel Hill’s annual day of giving. And every year, we celebrate the number of clients, alumni, and friends of the School who chose to support us.

    If you’ve read our blogs, relied on our resources, attended our courses, heard us teach in outside programs, or sought consultation, we hope you will consider supporting the School of Government. Your gift not only provides vital resources that allow us to support the work you do, but also sends a clear message about the value of the School.

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  • As the Summary Ejectment Case Turns

    It all began when two people fell in love…well, maybe not love, but they at least liked each other enough to enter into a landlord-tenant relationship. Like so many relationships, they did not live happily ever after, only here the breakup plays out in a summary ejectment case. With G.S. Ch. 7A, Art. 19 and Ch. 42 as our guides, let’s explore the life of a summary ejectment case from the beginning to the middle to the end and discover what twists and turns lie ahead from the clerk’s office to small claims court to district court, and even possibly the court of appeals. For illustration purposes, we will follow a case between two former lovers who find themselves at odds over whether the ex-girlfriend is a tenant in the house owned by the ex-boyfriend. Our example is loosely based on the facts in Bradley v. Tapia, 277 N.C. App. 385 (2021) (unpublished). Prior to this case, no North Carolina case law addressed this type of shared occupancy between romantic partners. Let’s call our couple “Nikki” and “Victor” as we explore the days of their lives.

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  • Recordings by Government Officials

    **This post was written by my colleagues Kristina Wilson and Phil Dixon. You can reach Kristina at Wilson@sog.unc.edu and Phil at dixon@sog.unc.edu

    When and how can state and local government officials and employees record government meetings or their interactions with citizens? Does it matter if the recording is done openly or secretly? Recording may be tempting, particularly where there is a controversial matter at issue. The ability to record can be a useful tool, but there are several laws that government actors need to know if they want to use this tool legally and effectively. This post focuses on the issues surrounding government officials and employees recording oral communications outside of the law enforcement context. A later post will examine the issues surrounding video recording.

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  • Guardians: Don’t Forget to File a Notice of Change of Address with the Court

    Adult guardianship law in North Carolina underwent several significant changes effective January 1, 2024. My colleague, Timothy Heinle, and I previously blogged about two of these changes resulting from Session Law 2023-124, available here (notice of rights) and here (less restrictive alternatives). One change that may have slipped under your radar is found in G.S. 35A-1242(e) and imposes a new obligation on guardians to file a notice of change of address with the court.

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  • Congratulations to Newly Certified Magistrates

    Magistrates are often referred to as the “first face” of the judicial system for most citizens. They serve the public with professionalism, all while keeping abreast of the rapidly changing civil and criminal laws. In 2021, their training requirements were increased by the legislature from 12 hours every two years to 12 hours every year. As part of those 12 hours of training, magistrates are required to receive annual training on seven required subjects: (1) setting conditions of pretrial release, (2) impaired driving laws, (3) issuing criminal processes, (4) issuing search warrants, (5) technology, (6) orders of protection, and (7) summary ejectment laws. GS 7A-177.

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  • More Changes to the Year’s Allowance in Decedents’ Estates: The Procedure to Claim and Assign the Allowance

    *Update, March 1, 2024: The N.C. Administrative Office of the Courts published revised year’s allowance forms in connection with the changes enacted by Session Law 2023-120.  They are AOC-E-100, Petition and Assignment Year’s Allowance and AOC-E-101, Deficiency Judgment.  Both the revised and previous version of the forms are available on the AOC’s website. The revised forms should be used for the estates of decedents dying on or after March 1, 2024.  The previous version of the forms should be used for the estates of decedents dying on or before February 29, 2024.

    This is the third and final post in a series that focuses on changes to the year’s allowance in decedents’ estates resulting from Session Law 2023-120. This post discusses the process to apply for the spousal and child’s allowance. The statutory changes are effective for decedents dying on or after March 1, 2024. You can access my two previous posts in this series here and here. Continue Reading

  • Addressing Substance Use Disorders Through Delinquency Dispositions

    The Juvenile Code authorizes 14 different dispositional alternatives for delinquency cases that result in Level 1 dispositions and 23 different dispositional alternatives for delinquency cases that result in Level 2 dispositions. G.S. 7B-2508(c), (d); G.S. 7B-2506(1)-(23). For both Level I and Level 2 dispositions, cooperating with substance abuse treatment is a dispositional option.  It can be challenging to sort through the many available dispositional alternatives to order an effective and individually tailored disposition that addresses the risks and needs of the juvenile. This blog addresses why it might be important to focus on substance use disorders as part of disposition, how to know when a juvenile needs substance use disorder treatment, and how substance use disorder treatment may be included as a dispositional alternative. Continue Reading

  • Changes Specific to the Child’s Year’s Allowance in Decedents’ Estates

    My prior post identified two key changes to the year’s allowance resulting from Session Law 2023-120: (i) the elimination of the one-year limitation period a surviving spouse and eligible children have to apply for the allowance, and (ii) the elevation of the assignment and payment of the spousal allowance over the child’s allowance. This post will focus on specific changes applicable to the child’s year’s allowance resulting from S.L. 2023-120. Continue Reading

  • The 2023 edition of the Abuse, Neglect, Dependency – TPR Manual Is Here!

    My belated Valentine’s gift to you all is the 2023 edition of Abuse, Neglect, Dependency, and Termination of Parental Rights Proceedings in North Carolina, otherwise known as “the A/N/D Manual” or “the Manual.”

    The 2023 edition of the Manual is now available at no charge on the SOG website, here. This edition replaces the February 2022 edition and is current through December 31, 2023 for both appellate opinions issued by the North Carolina appellate courts (most of which are published) as well as legislative changes made through that date. This updated and revised edition includes over 100 new opinions and the legislative changes impacting child welfare, including the significant changes to infant safe surrender.

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