Tag: juvenile’s consent
  • What’s the Status of North Carolina’s Minor’s Consent Law After S.L. 2023-106?

    This post is written by my colleague, Kirsten Leloudis, and is cross-posted on the School’s Coates Canons Blog.

    On August 16, 2023, Session Law (S.L.) 2023-106 was passed after a legislative override of the Governor’s veto. Part 1 of the session law establishes a “Parent’s Bill of Rights,” Part 2 outlines new requirements related to parents’ involvement in their child’s education, and Part 3- the focus of this blog post- codifies standards for obtaining parental consent for treatment of minors. Since the law’s passage, many have asked: “What’s the status of North Carolina’s minor’s consent law, G.S. 90-21.5(a), in light of the new requirements in S.L. 2023-106, Part 3 addressing parents’ rights?” Let’s discuss! Continue Reading

  • 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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