Archive

• Non-Parents’ Right to Counsel in Abuse, Neglect and Dependency Cases

  This entry was contributed by Austine Long on February 5, 2016 at 8:54 am and is filed under Child Welfare Law.

  Sara DePasquale wrote a blog on the Role of a Foster Parent in the A/N/D Court Action, which prompted me to explore the role of non-parents, and specifically their right to representation.

  Prior to the filing of an abuse, neglect and dependency (A/N/D) petition, the child may be in the care of grandparents, other relatives or friends. They are providing support and maintenance and making daily decisions about the health and welfare of the child. This may be more permanent substitute care compared to the temporary care provided by a foster parent.

  Once the petition is filed each parent named in the petition is appointed provisional counsel pursuant to G.S. 7B-602. But what about non-parents? The relative or friend who has custody of or is caring for the child may meet the statutory definition of “caretaker” or “custodian”. See G.S. 7B-101. Also, the child may have a court appointed guardian [G.S.7B-600; G.S. 35A-1202(7) & (10)] at the time the petition is filed. Does the caretaker, custodian or guardian have a right to court appointed counsel if they are indigent? Continue Reading

• Juvenile Emancipations

  This entry was contributed by Sara DePasquale on December 16, 2015 at 11:12 am and is filed under Juvenile Law.

  In North Carolina, a 16 or 17 year old who has resided in the same North Carolina county for six months may petition the district court for an emancipation from his or her parents, guardian, or custodian.  According to statistics from the North Carolina Administrative Office of the Courts (AOC), there have been 986 emancipation filings between fiscal year 2007-2008 and 2014-2015, averaging over 120 cases a year.  Despite this number, there is a surprising lack of appellate decisions regarding juvenile emancipations. The lack of opinions has left both district courts and petitioners to figure out what the statutes require. Continue Reading

• Consenting to Medical Treatment for a Child Placed in the Custody of County Department Part I: Routine and Emergency Care and Evaluations in Exigent Circumstances

  This entry was contributed by Sara DePasquale on November 4, 2015 at 5:37 am and is filed under Child Welfare Law.

  Through S.L. 2015-136, “An Act to Make Various Changes to the Juvenile Laws Pertaining to Abuse, Neglect, and Dependency,” the General Assembly enacted G.S. 7B-505.1 and G.S. 7B-903.1(e).These two new statutes address medical decision-making authority for a child who is placed in a county department’s custody through an order entered in an abuse, neglect, and dependency action. These new laws apply to all abuse, neglect, and dependency actions that were pending on or filed after October 1, 2015. Continue Reading

• Children in Foster Care, “Normal Childhood Activities,” and the “Reasonable and Prudent Parent” Standard

  This entry was contributed by Sara DePasquale on October 16, 2015 at 7:09 am and is filed under Child Welfare Law.

  On October 1, 2015, several new statutes affecting abuse, neglect, and dependency cases went into effect. Three new statutes specifically address decision-making standards related to social and cultural activities for children who are placed in a county department’s custody because of abuse, neglect, or dependency. The new statutes were created by S.L. 2015-135 and are

  • G.S. 131D-10.2A: Reasonable and Prudent Parent Standard,
  • G.S. 7B-903.1: Juvenile Placed in Custody of Department of Social Services, and
  • G.S. 48A-4: Certain Minors Competent to Contract.

  Continue Reading

• What Is the Role of a Foster Parent in the A/N/D Court Action?

  This entry was contributed by Sara DePasquale on September 30, 2015 at 5:53 am and is filed under Child Welfare Law.

  A foster parent provides substitute care for a child who has been separated from his or her family because of abuse, neglect or dependency. G.S. 131D-10.2(9a);10A NCAC 70B.0101. When a  parent, relative, guardian, or custodian is unable to care for a child, a foster parent is a critical part of a county department’s plan for arranging for the child’s immediate and temporary safety. Foster parents are likely to have relevant information that will assist a court in determining what is in the child’s best interests. Foster parents may also be interested in adopting a child who has been placed in their care. Does a foster parent have a right to participate in the court proceeding?

  Continue Reading

• A/N/D, ICPC, and Out-of-State Parents: Say What?

  This entry was contributed by Sara DePasquale on September 25, 2015 at 6:14 am and is filed under Child Welfare Law.

  If the juvenile court or county department intends to place a child in an abuse, neglect, and dependency (A/N/D) case with a parent who lives outside of North Carolina, does the Interstate Compact on the Placement of Children (ICPC) apply? Continue Reading

• Who Is a “Caretaker” in Child Abuse and Neglect Cases?

  This entry was contributed by Sara DePasquale on September 2, 2015 at 5:36 am and is filed under Child Welfare Law.

  This post was amended to reflect changes made to the definition of caretaker that occurred after the post was published by section 1 of S.L. 2015-123* (effective January 1, 2016) and Section 12C.1.(d). of S.L. 2016-94, effective July 1, 2016**  

  In North Carolina, abuse, neglect, and dependency cases determine the child’s status as abused, neglected, or dependent by examining the child’s circumstances rather than determining the fault or culpability of a parent. In re Montgomery, 311 N.C. 101 (1984). In determining a child’s status, social services agencies and trial courts must look at the statutory definitions of abuse, neglect, and dependency. G.S. 7B-101(1), (15), (9). These definitions require the social services agencies and courts to determine who created the child’s circumstances. In abuse and neglect cases, was it the child’s parent, guardian, custodian, or caretaker? In dependency cases, was it the child’s parent, guardian, or custodian? If the child’s circumstances were not caused by a parent, guardian, custodian, or caretaker, the child is not abused, neglect, or dependent. A court order establishes the relationship of guardian [G.S. 7B-600; G.S. 35A-1202 & Article 6] or custodian [G.S. 7B-101(8)] to a child, but who is a caretaker? Continue Reading

• Mandated Reporting of Child Abuse, Neglect, or Dependency: What’s an Attorney To Do?

  This entry was contributed by Sara DePasquale on August 7, 2015 at 5:40 am and is filed under Child Welfare Law.

  You are appointed to represent a juvenile in a delinquency proceeding. The petition alleges the juvenile assaulted his stepfather. When you meet with your client, he discloses that his stepfather has been beating him for years. This time, his stepfather went after his younger sister, and your client tried to protect her. In another case, you are hired to represent a father in a child custody action. Your client tells you that he just moved out of the home, where his baby and the baby’s mother live. He discloses that the mother has a drinking problem and frequently attacks him physically when she is intoxicated, sometimes while she is holding the baby. He also tells you that he has come home from work to find the baby is in dirty diapers and crying in the crib while the mother is passed out on the couch.

  Continue Reading

• Initial Removal of a Child from a Home Because of Suspected Abuse, Neglect, or Dependency, Amended G.S. 7B-504

  This entry was contributed by Sara DePasquale on June 24, 2015 at 5:58 am and is filed under Child Welfare Law.

  Spoiler Alert !! Effective June 2, 2015, amendments were made to G.S. 7B-504.

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• One Potato, Two Potato: The Rules of Civil Procedure in A/N/D and TPR Proceedings

  This entry was contributed by Sara DePasquale on May 20, 2015 at 5:00 am and is filed under Child Welfare Law, Civil Law, Civil Practice.

  *This post was amended on January 29, 2016 to add Rule 45 (subpoena) and on February 22, 2017 to specifically reference Rule 12(b)(3)

  Have you ever felt like you’re playing a game of one potato, two potato when figuring out if a Rule of Civil Procedure applies to your abuse, neglect, dependency, or termination of parental rights action? Let me provide you with a guide instead. Continue Reading