The North Carolina Court of Appeals in In re A.K., ___ N.C. App. ____ (Aug. 6, 2024) addressed a parent’s right to be represented by a privately retained attorney of their choosing in an abuse, neglect, and dependency (A/N/D) action. See Timothy Heinle’s post discussing that issue here. The opinion also discusses issues related to the mother’s and child’s culture – their religion and language. This post explores those aspects of the opinion. Continue Reading
Archive
Tag: abuse neglect and dependency
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A Respondent Parent’s Right to Retain Counsel: Lessons from a New Court of Appeals Decision, In re A.K.
A recent decision by the North Carolina Court of Appeals considers the right of a respondent parent in a juvenile abuse, neglect, or dependency (AND) proceeding to hire counsel of their own choosing and what standards, if any, a retained attorney must meet to be allowed to represent a parent. In re A.K., __ N.C. App. __ (August 6, 2024). The case also includes discussion of the procedures for appointing a Rule 17 guardian ad litem to a respondent parent – an issue I will explore in a later post. This post focuses on what the opinion in A.K. does – and does not – tell us about a parent’s right to hire counsel. Continue Reading
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Legislative Changes in Child Welfare: The Short Session
The North Carolina General Assembly made some changes to child welfare laws during this short session. Many of these changes have taken effect and some will be effective by January 1, 2025. All the amendments are important for those of you who practice in this area to be aware of. Continue Reading
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Medical Appointments, Consents, and Children in DSS Custody
In North Carolina, a juvenile who is the subject of an abuse, neglect, or dependency petition may be placed in the custody of a Department of Social Services (DSS). When DSS has a court order of custody, it places a child outside of the child’s home, often in a licensed foster home or in the home of a relative or other placement provider. Here at the School of Government (SOG), we are often asked whether North Carolina law authorizes foster parents (or the child’s placement providers) to consent to health services for the children in DSS custody who are placed in providers’ homes. Spoiler: the answer is “no.” If foster parents or placement providers cannot consent to medical care for the children in their home, must the person whose consent is required (e.g., a DSS caseworker) attend and give consent at every appointment for every child who is in DSS custody? This blog post, co-authored by SOG faculty Kirsten Leloudis and Sara DePasquale, addresses these questions. Continue Reading
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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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When Child Abuse or Neglect Ends in a Fatality, What Does the Public Have a Right to Know?
Every year, county departments of social services investigate thousands of reports of child abuse and neglect across North Carolina. Tragically, some of those cases of abuse or neglect end in the death of a child. After one of these fatalities occurs, concerned citizens, public officials, and members of the media often have questions about the circumstances leading up to the fatality. The public often wants to understand whether a county department of social services (DSS) was involved with the child, and if so, whether more could have been done to prevent the child’s death. Though child protective services information is highly confidential, a North Carolina statute gives any member of the public a right to request and receive specific information after certain child fatalities and near fatalities. This blog post discusses the responsibilities of public agencies to disclose information under this statute, G.S. 7B-2902. Continue Reading
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Parents Forfeited Their Right to Court-Appointed Counsel in TPR: What Is the Law for Attorney Representation of Parents in A/N/D and TPR Actions?
North Carolina law requires that parents in abuse, neglect, dependency (A/N/D) and termination of parental rights (TPR) cases receive court-appointed counsel if they are indigent. G.S. 7B-602; 7B-1101.1. Parents also have a right to knowingly and voluntarily waive their statutory right to counsel. Id. The question of whether a parent may forfeit their right to counsel in a juvenile proceeding based on their behaviors had not been answered until recently. Three appellate opinions address the issue and answer that question. Parents can and have forfeited their statutory right to court-appointed counsel. To get to forfeiture, you first need to understand the rules related to a parent’s statutory right to court-appointed counsel. Continue Reading
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New Supports for Relative Placements of Abused, Neglected, and Dependent Juveniles
Recent changes to both state and federal law aim to increase support for relatives who provide placement and care of juveniles who are the subject of abuse, neglect, and dependency (AND) proceedings. Financial assistance to offset the costs of care and the possibility of new and relaxed licensing standards for relative placements could have a significant effect on a number of juveniles across North Carolina. This post addresses the new laws and considers what it may mean for children, families, and attorneys who represent parents in juvenile AND proceedings.
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2023 Child Welfare Legislative Changes
As the 2023 Legislative Session continues, many session laws that amend child welfare statutes, including abuse, neglect, dependency; termination of parental rights (TPR); adoption of a minor; and foster care licensing became effective on various dates. Some of these changes are significant. Some session laws focus on specific statutory changes involving an individual juvenile or family; other session laws make changes to state systems. Continue Reading
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S.L. 2023-106: Parents’ Rights, Who Is a Parent, and Juvenile Abuse, Neglect, and Dependency Cases
This blog was updated on October 3, 2023 to incorporate amendments made by the 2023 Appropriations Act (S.L. 2023-134). The changes are in italics.
On August 16th, the legislature used an override of the Governor’s veto to pass S.L. 2023-106 (S49), a law enumerating the rights of parents regarding their children’s education, health care, and mental health needs. But in addressing a parent’s rights, the law contains some exceptions when the child is alleged to be abused, neglected, or dependent. Notably, the new law defines “parent” as “any person with legal custody of a child, including a natural or adoptive parent or legal guardian.” In cases where a department of social services (DSS) has filed a petition alleging a juvenile is abused, neglected, or dependent, DSS may obtain custody of the juvenile, or the court may ultimately award legal custody or guardianship to a person who is not the juvenile’s parent. As a result, the new law impacts abuse, neglect, and dependency cases. This post discusses the new law as it relates to abuse, neglect, and dependency cases only and is not a comprehensive discussion of the new law generally. Continue Reading
