Archive

• S.L. 2023-106: Parents’ Rights, Who Is a Parent, and Juvenile Abuse, Neglect, and Dependency Cases

  This entry was contributed by Sara DePasquale on September 5, 2023 at 10:44 am and is filed under Child Welfare Law.

  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 16^th, 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

• A/N/D Reporting: Rights, Protections, and Prosecutor Review

  This entry was contributed by Sara DePasquale on June 21, 2017 at 6:00 am and is filed under Child Welfare Law.

  Like every other state, North Carolina has a mandated reporting law for child abuse and neglect. North Carolina’s law requires any person or institution with cause to suspect a child is abused, neglected, or dependent by a parent, guardian, custodian, or caretaker to make a report to the county child welfare department (in most counties, DSS) where the child resides or is found. GS 7B-301. What is in a report? Are there protections for the reporter? What are the rights of the reporter? If DSS decides not to initiate a court action, can the reporter challenge that decision? Continue Reading

• Check Out Episode 2, “The System Responds,” of Beyond the Bench Season 2

  This entry was contributed by Sara DePasquale on November 18, 2016 at 6:00 am and is filed under Child Welfare Law.

  Episode 2, “The System Responds”, for our Beyond the Bench Season 2 podcast is available now! This episode picks up where the last episode ended, with two different reports of suspected child neglect being made to a county child welfare agency. The reports are based on family homelessness and other issues that are occurring in the children’s homes.

  This episode is organized into two parts.

  • In Part One, you will learn about how the county department responds to reports of suspected neglect through the screening in/out process, what is involved in a department’s assessment of a report, and what safety planning looks like.
  • In Part Two, you will learn about when court action is required, how it is started, and what is involved in obtaining an emergency order that removes the children from their homes.

  Continue Reading

• Beyond the Bench Podcast, Season 2: Episode 1, Without a Home

  This entry was contributed by Sara DePasquale on November 4, 2016 at 12:47 pm and is filed under Child Welfare Law.

  Earlier this week, I wrote a post that announced the introduction to Season 2 of the School of Government’s Judicial College podcast, Beyond the Bench. Season 2 consists of six episodes and discusses family homelessness, child neglect, and the child welfare system in North Carolina. The first episode, “Without a Home” is now available on our podcast website (or through Itunes and Stitcher).

  In this first episode, you will hear from two homeless shelter providers and three district court judges who preside over abuse, neglect, and dependency cases. You will learn about family homelessness in North Carolina, whether it constitutes child neglect, and when a person is required to make a report of a child’s suspected neglect to the county child welfare agency (e.g., department of social services). 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