Recent blog posts - 8 of 71

Dispositional orders in delinquency cases must contain “appropriate findings of fact and conclusions of law.” G.S. 7B-2512(a). What constitutes appropriate findings of fact is a question that North Carolina appellate courts have repeatedly addressed. This blog explains the requirement for findings in delinquency dispositional orders and provides examples of findings that the North Carolina Court of Appeals has found to be sufficient.

As a native North Carolinian, I feel pretty strongly that North Carolina is the best state in the country, and based on tourism statistics, everyone else in the country wants […]

If you’re working to protect vulnerable adults in your community, you know how important it is to have the right people at the table to provide effective and efficient solutions. […]

Navigating the legal requirements applicable to adult protective services (APS) court proceedings can be challenging, given the expedited nature of the cases, the different types of orders the court may […]

When a party is sued, they often want to make the lawsuit go away. One of the most common ways of attempting to get rid of a lawsuit is a […]

This post was written by Brittany Bromell. She can be contacted at bwilliams@sog.unc.edu. North Carolina General Statute 50B-3.1 provides that, under certain circumstances, a person who is subject to a […]

I recently had the opportunity to watch a webinar on the latest research about how protective factors and strength-based services impact reoffending among justice-involved youth. The webinar focused on the second brief (Impacts on Long-Term Youth Reoffending) from the Youth Protective Factors Study (hereinafter the Study). The Study offers interesting findings related to the way risk and protective factors work (or, spoiler alert, don’t work) to reduce reoffending. This research can help practitioners focus limited resources on system responses and interventions most likely to promote public safety.

Derek was twenty years old when he suffered a stroke. He lost and then subsequently regained his ability to speak and to perform simple tasks; however, he cannot manage important matters like his medical care and finances. Derek’s mom, Greta, successfully petitioned under G.S. Chapter 35A to have her son adjudicated incompetent and was appointed as Derek’s guardian.

Recently, Derek was at a store and put candy he had not paid for in his pocket. When an employee intervened, Derek pushed the employee and ran home with the candy. Criminal charges were filed, and Derek was appointed counsel. This post explores difficult questions that arise when a criminal defendant is adjudicated incompetent and has a court-appointed guardian, including the effect those circumstances have on criminal case decisions, client confidentiality, and the allocation of authority between the attorney and client.

The enactment of the Residential Rental Agreements Act of 1977, the Landlord Eviction Remedies Act of 1981, and the Retaliatory Eviction Act of 1979 provided expanded rights and protections for […]

The provisions in the Uniform Child Custody Jurisdiction and Enforcement Act (the UCCJEA), N.C. Gen Stat., Chapter 50A, define a trial court’s subject matter jurisdiction to enter a child custody […]