In state fiscal year 2022-2023, county departments of social services in North Carolina received 35,400 reports alleging the abuse, neglect, or exploitation of vulnerable adults. Fifty-six counties across the state have addressed this problem through creating adult protection multidisciplinary teams (MDTs)—groups of professionals from different disciplines who work together to prevent and respond to abuse, neglect, and exploitation of disabled and/or older adults. An additional 38 North Carolina counties are currently working to form adult protection MDTs. The School of Government’s Adult Protection Network is excited to announce a redesigned Adult Protection Network website with new resources for those in the adult protection field, including new online trainings and an MDT Toolkit with template documents for adult protection MDTs.
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Foreclosure Moratorium in Effect in North Carolina for Certain Counties and Certain Mortgage Loans
Many counties in Western North Carolina continue to struggle with the devastating effects of Hurricane Helene. As of today, seven county courthouses are reporting closures of some type. An updated list of counties along with the types of closures in each county is available through the North Carolina Administrative Office of the Courts website. Officials in federal, state, and local government are taking action to provide relief in many forms. This includes actions at both the federal and state level that impact foreclosures.
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The New Clerks’ Manual Website is Here!
I’m excited to announce the launch of two major things today.
First, the new North Carolina Clerk of Superior Court Manual Series website is now available at www.sog.unc.edu/clerksmanual.
We took the old clerks’ manual and gave it a complete make-over in response to feedback we received from clerks of superior court. It is no longer a printable PDF volume but now is an online manual series, featuring the following eight manuals organized by subject matter:
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A Minor’s Consent to Adoption: Where and in What Proceeding Is It Waived?
North Carolina adoption laws are codified in G.S. Chapter 48. I find it to be one of the more difficult Chapters to navigate because it consists of interrelated Articles and Parts. As you get familiar with the Chapter, the procedures and requirements become less challenging to piece together. It is imperative to know these procedures because “the law governing adoptions in North Carolina is wholly statutory.” Boseman v. Jarrell, 364 N.C. 537, 542 (2010).
Under North Carolina adoption laws, before an adoption of an unemancipated minor may be granted, certain consents must be obtained. See G.S. 48-3-601 through -603. One required consent is from the minor adoptee if they are 12 years old or older. G.S. 48-3-601(1). However, that minor’s consent may be waived when the court issues an order based upon a finding that it is not in the minor’s best interests to require their consent. G.S. 48-3-603(b)(2).
What court has jurisdiction to enter the order waiving the minor adoptee’s consent?
The question is circulating due to some recent North Carolina Supreme Court opinions involving appeals of termination of parental rights (TPR) orders. The facts of the opinions indicate the district court in the TPR action waived the juvenile’s consent to the adoption. The issue of whether the district court in a TPR proceeding has subject matter jurisdiction to waive the juvenile’s consent does not appear to have been raised before or decided by the Supreme Court. Instead, the minor’s waiver of consent is discussed by the Supreme Court in its review of the facts when analyzing a challenge to the district court’s determination that the TPR is in the juvenile’s best interests. The factual summaries in the Supreme Court TPR opinions made me sit up in my chair, take notice, and ask the questions in this post. Continue Reading
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Extensions and Modifications of Emergency Directives from the Chief Justice
Last night, I sat in a church parking lot, masked and socially distant, listening to live Christmas carols. It is still hard to get my head around all the ways the pandemic is changing our day to day lives. From smaller things like services in parking lots to larger things like the postponing of court proceedings across the state to unimaginable things like saying a final goodbye to loved ones via FaceTime. At the start of 2020, I am not sure anyone could have imagined this is how the year would end. But here we are.
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UAGPPJA is Here to Stay
I’ve been spending a lot of my time recently focused on the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA; pronounced, “you-ah-gap-jah”). UAGPPJA is a uniform law enacted by the NC General Assembly during this past legislative session as S.L. 2016-72. I previously discussed an earlier version of the bill in a blog post available here. The law creates a new G.S. Chapter 35B and applies to incompetency and adult guardianship proceedings under G.S. Chapter 35A. It does not apply to minor guardianships under Article 6 of G.S. Chapter 35A.
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You-Ah-Gap-Jah: Take the Granny and Run
Last week, two bills were introduced in the NC House pertaining to adult guardianship* – H817 and H883. The first proposes the adoption of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) by creating a new Chapter 35B. The second directs the Legislative Research Commission to study UAGPPJA and recommend whether NC should adopt the act.
So just what is UAGPPJA? (Pronounced, “You-Ah-Gap-Jah”)