The court of appeals recently reversed a trial court decision that a judgment terminating a mother’s parental rights voided a court order entered five years earlier granting her mother visitation with her grandchild. In Adams v. Langdon, (NC App March 19, 2019), the court of appeals held that the termination of the mother’s rights had no impact on the visitation rights the trial court ordered for grandmother before mother’s rights were terminated.
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 1st 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
I am so happy to announce the availability of the 2017 Manual — Abuse, Neglect, Dependency, and Termination of Parental Rights Proceedings in North Carolina.
What’s In It?
This Manual provides easily accessible information about the laws, procedures, and concepts related to abuse, neglect, dependency, and termination of parental rights proceedings in North Carolina. The primary intended audience consists of district court judges, social services attorneys, parents’ attorneys, and guardian ad litem attorney advocates who work in this area of the law.
This 2017 edition is a significant revision of the previous edition (2015) and contains hundreds of pages of new content. It includes changes made to the Juvenile Code by the North Carolina General Assembly in the 2015, 2016, and 2017 sessions as well as appellate decisions published through October 1, 2017. The new content discusses a variety of topics including mandatory concurrent permanency planning, cessation of reasonable efforts and the elimination of reunification as a permanent plan, medical decision-making for a child placed in DSS custody, the reasonable and prudent parent standard, and Foster Care 18−21.
There are nine new checklists that supplement the chapter content and incorporate the legislative changes that apply to the various hearings in abuse, neglect, dependency, and related termination of parental rights proceedings. Before you bypass the chapters to get to the checklists, explore the Manual to see what is in there. Continue Reading
Since the initial publication of this post, the Governor signed H362. This post was amended on July 31, 2017 to reflect that change and reference the session law.
The 2017 Legislative Session created and amended various statutes affecting child welfare. Some of those changes are effective now and others will become effective at later dates. This post highlights those amendments that directly impact practice in abuse, neglect, dependency, or termination of parental rights actions. A more complete summary of the numerous legislative changes can be found on the School of Government website, here. Continue Reading
Subchapter I of G.S. Chapter 7B (the Juvenile Code) governs child abuse, neglect, dependency, and termination of parental rights cases in North Carolina. The Juvenile Code “sets out a sequential process for abuse, neglect, or dependency cases, wherein each required action or event must occur within a prescribed amount of time after the preceding stage in the case.” In re T.R.P., 360 N.C. 588, 593 (2006). Included in the statutory time frames are the timing for entry of orders. What exactly does the Juvenile Code require? And, why does it matter? Continue Reading
Within North Carolina, the appropriate location of a district court where an abuse neglect or dependency (A/N/D) action is filed is a matter of venue. GS 7B-400. And the appropriate location of the district court where a termination of parental rights (TPR) action is filed is a matter of jurisdiction. GS 7B-1101. Why are they different? Because the statutes governing A/N/D and TPR proceedings have different requirements and impose different limitations on the parties and the court.
The General Assembly has the power to “fix and circumscribe the jurisdiction of the courts,” which can require certain procedures. In re T.R.P., 360 N.C. 588, 590 (2006). A/N/D and TPR cases are statutory in nature and set forth specific requirements that must be followed. Id. In an A/N/D or TPR action, the first place to look is the Juvenile Code (GS Chapter 7B) because it establishes both the procedures and substantive law for these types of juvenile proceedings. See GS 7B-100; -1100. Continue Reading
Episode 6, “Obtaining Permanency,” for our Beyond the Bench Season 2 podcast is available now!
This episode talks about permanent outcomes for the family and child, with a discussion of two opposite outcomes: a child’s reunification with his/her parents and the child’s adoption after a termination of parental rights. Find out what happens in our remaining court case! Continue Reading
In 1978, Congress enacted the Indian Child Welfare Act (ICWA). 25 U.S.C. §§ 1901 – 1963. Through ICWA, Congress declared
it is the policy of this Nation to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian children from their families and the placement of such children in foster or adoptive homes which will reflect the unique values of Indian culture….
25 U.S.C. § 1902.
For the first time since its passage, ICWA now has federal regulations that states must follow. 25 CFR Part 23. One of the purposes of these new regulations is to ensure the consistent application of ICWA protections across the states. 25 CFR 23.101. The regulations become effective on December 12th and apply to all “child custody proceedings” and “emergency proceedings” starting on or after that date. 25 CFR 23.103, 23.143. Continue Reading