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: department of social services
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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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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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Transportation of High-Risk Juveniles in DSS Custody: The New G.S. 7B-905.2
Children and teens who are in the custody of DSS are (or have been alleged to be) abused, neglected, and/or dependent. While in out-of-home placements, these children experience (1) ongoing separation from their families and communities (e.g., parents, siblings, school), (2) losses (relationships, pets, their home), (3) unpredictability (parent behavior at visits), and (4) uncertainty (placement transitions, caseworker turnover). Not surprisingly, these children have a significantly higher rate (up to 80%) of mental health issues than children who are not involved with child welfare (18-22%).[1] Compounding this situation is the lack of appropriate placements for children in DSS custody.[2] Concerns about DSS safely transporting children in its custody to placements when those children have significant mental health needs has arisen. Addressing transportation concerns, the NC General Assembly in the 2023 Appropriations Act enacted G.S. 7B-905.2: “Transportation of High-Risk Juveniles,” effective retroactively to July 1, 2023. See S.L. 2023-134, sec. 9J.13.
G.S. 7B-905.2 is limited in scope and should not be relied upon 1) for any and all transportation issues for juveniles in DSS custody or 2) for transporting juveniles who are not in DSS custody but have behavioral issues. This post discusses when G.S. 7B-905.2 applies, what it allows, and what it does not. Continue Reading
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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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Change is Coming: The Consideration of Less Restrictive Alternatives in Adult Guardianship Proceedings Mandated by S.L. 2023-124
Significant changes are on the way for individuals, legal practitioners, and public officials involved in North Carolina incompetency and adult guardianship proceedings. The recently enacted Session Law 2023-124 mandates the consideration of less restrictive alternatives (LRAs) to guardianship prior to an adjudication of incompetency. There is a lot to cover on this topic; more than can fit in a single blog post. As a result, this post will focus on (i) introducing the statutory changes brought about by this new law and (ii) highlighting some key things the parties and the court will need to do differently with respect to petitions filed on or after January 1, 2024. S.L. 2023-124, sec. 7.13.
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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