Archive

• Big Changes to Appeals of A/N/D – TPR Orders Designated in G.S. 7B-1001

  This entry was contributed by Sara DePasquale on March 25, 2019 at 11:22 am and is filed under Child Welfare Law.

  On January 1, 2019, the process to appeal abuse, neglect, dependency (A/N/D) and termination of parental rights (TPR) orders designated in G.S. 7B-1001 changed significantly. Amendments to G.S. 7B-1001 now require that some orders be appealed directly to the NC Supreme Court, bypassing the Court of Appeals (COA). Other orders have new notice of appeal and timing requirements. Amendments to the North Carolina Rules of Appellate Procedure (Rules) also became effective on January 1^st and impact appeals of all orders including those designated in G.S. 7B-1001.

  Last week, I attended the Supreme Court’s CLE program, “Information about Termination of Parental Rights Cases and the Rules of Appellate Procedure.” As I listened to the justices and other speakers, I started to hear David Bowie singing “ch-ch-ch-changes.” There are a lot of changes and procedures that you need to know. Continue Reading

• Abuse, Neglect, Dependency Actions Automatically Stay Custody Claims in Civil Actions

  This entry was contributed by Sara DePasquale on March 27, 2015 at 5:00 am and is filed under Adoptions, Child Welfare Law, Family Law.

  The district court has exclusive, original jurisdiction over all abuse, neglect, and dependency (A/N/D) proceedings. When a court obtains that jurisdiction after an A/N/D petition has been filed by a county department of social services (DSS), “any other civil action in this State in which the custody of the juvenile is an issue is automatically stayed as to that issue, unless the juvenile proceeding and the civil custody action or claim are consolidated … or the court in the juvenile proceeding enters an order dissolving the stay.” G.S. 7B-200(c)(1).

  What does this mean? Continue Reading