Articles related to department of social services - Page 4 of 10

The Rights of the Parent Who Does Not Execute a Relinquishment (December 8, 2022)

This blog post builds on my last post: A Guide to Relinquishments and Post-Relinquishment Review Hearings. If you remember, relinquishments involve the voluntary transfer of physical and legal custody of a minor child to an agency (a department of social services (DSS) or licensed private child-placing agency) that accepts the relinquishment for the purposes of the child’s adoption. See G.S. 48-1-101(15); 48-3-705(b). A relinquishment is executed by a parent or by a guardian of the person appointed by the clerk of superior court under a G.S. Chapter 35A proceeding.

What happens when one parent executes a relinquishment but the other parent wants custody of their child? North Carolina statutes are silent; however, case law recognizes that the non-relinquishing parent has rights.

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Ongoing Support for Adult Protection Multidisciplinary Teams Now Available Through the School of Government Help Desk (November 11, 2022)

Over the past few years, faculty and staff at the School of Government collaborated with public officials across the state to develop resources and tools related to the growth and […]

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You are on Notice: Pleading Requirements, a Recent N.C. Supreme Court Opinion, and Parent Representation (September 21, 2022)

Consider an attorney who is appointed to represent an indigent parent in a juvenile abuse, neglect, and dependency (A/N/D) proceeding. The attorney reviews the petition which was prepared using form […]

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Juveniles in DSS Custody Presenting at Hospital ED for Mental Health Treatment: New Laws and New Court Hearing Possible (January 20, 2022)

Perhaps it is not surprising that juveniles who experience abuse, neglect, or dependency have a higher risk of suffering from mental health issues. These children have experienced trauma, and when […]

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New SOG Bulletin: “When and How Criminal-Defense Attorneys Can Obtain Access to Confidential Child Welfare and Juvenile Abuse, Neglect, and Dependency Records” (November 8, 2021)

 

I am happy to announce the publication of my new bulletin, “When and How Criminal-Defense Attorneys Can Obtain Access to Confidential Child Welfare and Juvenile Abuse, Neglect, and Dependency Records.” I hope it is of help to anyone needing to determine criminal attorney access to these protected records.

Consider these common scenarios. A criminal attorney learns that a county department of social services (DSS) or equivalent agency has been involved with that attorney’s client and family. Or maybe the attorney believes that the DSS has investigated a report of suspected abuse, neglect, or dependency that involves a witness or alleged victim in the criminal case. How can the criminal attorney access existing child-welfare and juvenile abuse, neglect, and dependency records that may be relevant to the criminal case?

Alternatively, a respondent parent, guardian, custodian, or caretaker in a juvenile abuse, neglect, and dependency (A/N/D) action has been charged criminally. The criminal attorney asks the attorney representing the same individual in the A/N/D matter to share records and information relating to the A/N/D proceeding. What can the A/N/D attorney share with the criminal attorney?

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