Archive

• Single Transactions and Protective Arrangements: A New Tool in Guardianship Proceedings and a Lot for GALs to Consider

  This entry was contributed by Timothy Heinle on February 3, 2022 at 9:45 am and is filed under Guardianship.

   

  Effective for all incompetency and guardianship proceedings filed after October 1, 2021, S.L. 2021-53 (S 50) created a new statute, G.S. 35A-1121, that enables clerks to authorize a single transaction or protective arrangement—without appointing a guardian. I have received a lot of consults on the new law since it passed. It is not intended to be a magic wand. The law is a tool—one that may prove effective when used in the right situations. To make sure their clients remain protected, GALs need to understand what the law is and is not.

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• Juveniles in DSS Custody Presenting at Hospital ED for Mental Health Treatment: New Laws and New Court Hearing Possible

  This entry was contributed by Sara DePasquale on January 20, 2022 at 2:46 pm and is filed under Child Welfare Law.

  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 they are removed from their homes and families, they further experience loss, separation, and disruption. The National Conference of State Legislatures reports that “[u[p to 80 percent of children in foster care have significant mental health issues, compared to approximately 18-22 percent of the general population.”* According to the American Academy of Pediatrics, “[m]ental and behavioral health is the largest unmet health need for children and teens in foster care.”**

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• Legislative Changes Focus on Foster Parents

  This entry was contributed by Sara DePasquale on October 18, 2021 at 1:35 pm and is filed under Child Welfare Law.

  During the 2021 Legislative session, there have been numerous and significant amendments made to the laws addressing child welfare, most of which are in G.S. Chapter 7B (the Juvenile Code) and became effective October 1st. This is my third post explaining those legislative changes. Today’s post focuses exclusively on legislative changes that relate to foster parents. The issues addressed include the consideration of foster parents for placement at nonsecure custody, their participation in permanency planning hearings, required training, and the creation of a Foster parents’ Bill of Rights.

  My earlier blog posts are here (summarizing S.L. 2021-100 (H132)) and here (summarizing S.L. 2021-132 (S693)). As the 2021 Legislative Session continues, more changes may be made, and if that happens, I will post about them as well. Continue Reading

• It’s October and Child Welfare Legislative Changes Are in Effect!

  This entry was contributed by Sara DePasquale on October 6, 2021 at 9:23 am and is filed under Child Welfare Law.

  As the 2021 Legislative Session continues, many session laws that revised the abuse, neglect, dependency and termination of parental rights (TPR) statutes in the Juvenile Code (G.S. Chapter 7B) became effective on October 1, 2021 (last Friday), unless stated otherwise.  Previously, I blogged about S.L. 2021-100, “An Act to Make Revisions to the Juvenile Code Pursuant to Recommendations by the Court Improvement Program,” which you can read here. Today’s post summarizes S.L. 2021-132 (S693), which makes additional significant amendments to the Juvenile Code.

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• The Impact of S.L. 2021-132 on the Confidentiality of Child Protective Services Information and Records

  This entry was contributed by Kristi Nickodem on October 5, 2021 at 9:45 am and is filed under Child Welfare Law.

  This post is also cross posted on our Coates Canon blog.

  As the 2021 Legislative Session continues, one new session law that addresses child welfare, S.L. 2021-132, has raised a number of questions for county department of social services (“DSS”) directors and attorneys. This new session law has many elements related to child welfare court proceedings, which my colleague Sara DePasquale will address in a separate blog post. This blog focuses solely on Section 1.(c) of S.L. 2021-132, which amends G.S. 7B-302 – a law that addresses confidentiality of child protective services (“CPS”) records. The amendment allows members of the North Carolina General Assembly to access confidential social services information and records in certain limited instances. Continue Reading

• S.L. 2021-100 Amends the Juvenile Code Related to Abuse, Neglect, Dependency and Termination of Parental Rights

  This entry was contributed by Sara DePasquale on August 10, 2021 at 7:38 am and is filed under Child Welfare Law.

  As the 2021 Legislative Session continues, laws that revise the Juvenile Code are being enacted. The most recent session law is S.L. 2021-100, which amends various provisions of Subchapter I of Chapter 7B of the General Statutes – the laws that relate to abuse, neglect, dependency and termination of parental rights proceedings. This blog summarizes the amendments made by “An Act to Make Revisions to the Juvenile Code Pursuant to Recommendations by the Court Improvement Program.” Continue Reading

• 2019 Statutory Amendments to Adoption Laws

  This entry was contributed by Sara DePasquale on January 23, 2020 at 6:48 am and is filed under Adoptions.

  During the 2019 legislative session, various changes were made to the laws impacting adoptions in North Carolina. Last week, the North Carolina General Assembly passed a Joint Resolution (Resolution 2020-1) adjourning the long session of the 2019 Regular Session and designating the start of the short session as April 28, 2020. This post summarizes the amendments impacting adoption proceedings that were made during the long session, all of which are currently in effect. Continue Reading

• 2019 N.C. Legislative Changes to the Juvenile Code Related to Abuse, Neglect, Dependency and TPRs

  This entry was contributed by Sara DePasquale on October 10, 2019 at 1:59 pm and is filed under Child Welfare Law.

  Although the 2019 Legislative Session has not yet adjourned, there have been changes made to the abuse, neglect, dependency and termination of parental rights statutes in the Juvenile Code (G.S. Chapter 7B). The changes discussed below are already effective as law. There may be more changes to come given that the legislature has not adjourned. For now, here are key highlights of the changes to the Juvenile Code related to child welfare. Continue Reading

• Legitimation Proceedings and a Change in the Child’s Surname

  This entry was contributed by Sara DePasquale on August 23, 2019 at 6:41 pm and is filed under Family Law.

  A legitimation is a special proceeding that is heard in the superior court (by the clerk, unless a transfer to superior court is required by G.S. 1-301.2(b)). G.S. 49-10; 12.1(a). The purpose of the proceeding to is to address the status of a child who is born out of wedlock and have him or her declared the legitimate child of the mother and father. See id. It also imposes on the mother and father all the rights, privileges, and obligations of a parent to the child and entitles the child and parent to inherit by succession. G.S. 49-11. The sole issue before the court is whether the putative father who initiated the proceeding is the biological father of the child. In re Papathanassiou, 195 N.C. App. 278 (2009). If so, a legitimation order is entered. After the order of legitimation is entered, the clerk must send a certified copy to the State Registrar of Vital Statistics (Vital Records). G.S. 49-12.1(e); -13.

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• 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