Chapter 7B.
Juvenile Code.
SUBCHAPTER I. ABUSE, NEGLECT, DEPENDENCY.
ARTICLE 1.
Purpose; Definitions.
§ 7B-100. Purpose.
This Subchapter shall be interpreted and construed so as to
implement the following purposes and policies:
(1) To provide procedures for the hearing of
juvenile cases that assure fairness and equity and that protect
the constitutional rights of juveniles and parents;
(2) To develop a disposition in each juvenile case
that reflects consideration of the facts, the needs and
limitations of the juvenile, and the strengths and weaknesses of
the family.
(3) To provide for services for the protection of
juveniles by means that respect both the right to family autonomy
and the juveniles' needs for safety, continuity, and permanence;
and
(4) To provide standards for the removal, when
necessary, of juveniles from their homes and for the return of
juveniles to their homes consistent with preventing the
unnecessary or inappropriate separation of juveniles from their
parents. (1979, c. 815, s. 1; 1987 (Reg. Sess., 1988), c. 1090,
s. 1; 1998-202, s. 6; 1999-456, s. 60.)
§ 7B-101. Definitions.
As used in this Subchapter, unless the context clearly
requires otherwise, the following words have the listed meanings:
(1) Abused juveniles. -- Any juvenile less than 18
years of age whose parent, guardian, custodian, or caretaker:
a. Inflicts or allows to be inflicted upon the
juvenile a serious physical injury by other than accidental
means;
b. Creates or allows to be created a
substantial risk of serious physical injury to the juvenile by
other than accidental means;
c. Uses or allows to be used upon the juvenile
cruel or grossly inappropriate procedures or cruel or grossly
inappropriate devices to modify behavior;
d. Commits, permits, or encourages the
commission of a violation of the following laws by, with, or upon
the juvenile: first-degree rape, as provided in G.S. 14-27.2;
second degree rape as provided in G.S. 14-27.3; first-degree
sexual offense, as provided in G.S. 14-27.4; second degree sexual
offense, as provided in G.S. 14-27.5; sexual act by a custodian,
as provided in G.S. 14-27.7; crime against nature, as provided in
G.S. 14-177; incest, as provided in G.S. 14-178 and G.S. 14-179;
preparation of obscene photographs, slides, or motion pictures of
the juvenile, as provided in G.S. 14-190.5; employing or
permitting the juvenile to assist in a violation of the obscenity
laws as provided in G.S. 14-190.6; dissemination of obscene
material to the juvenile as provided in G.S. 14-190.7 and G.S. 14-
190.8; displaying or disseminating material harmful to the
juvenile as provided in G.S. 14-190.14 and G.S. 14-190.15; first
and second degree sexual exploitation of the juvenile as provided
in G.S. 14-190.16 and G.S. 14-190.17; promoting the prostitution
of the juvenile as provided in G.S. 14-190.18; and taking
indecent liberties with the juvenile, as provided in G.S. 14-
202.1, regardless of the age of the parties;
e. Creates or allows to be created serious
emotional damage to the juvenile; serious emotional damage is
evidenced by a juvenile's severe anxiety, depression, withdrawal,
or aggressive behavior toward himself or others; or
f. Encourages, directs, or approves of
delinquent acts involving moral turpitude committed by the
juvenile.
(2) Aggravated circumstances. -- Any circumstance
attending to the commission of an act of abuse or neglect which
increases its enormity or adds to its injurious consequences,
including, but not limited to, abandonment, torture, chronic
abuse, or sexual abuse.
(3) Caretaker. -- Any person other than a parent,
guardian, or custodian who has responsibility for the health and
welfare of a juvenile in a residential setting. A person
responsible for a juvenile's health and welfare means a
stepparent, foster parent, an adult member of the juvenile's
household, an adult relative entrusted with the juvenile's care,
any person such as a house parent or cottage parent who has
primary responsibility for supervising a juvenile's health and
welfare in a residential child care facility or residential
educational facility, or any employee or volunteer of a division,
institution, or school operated by the Department of Health and
Human Services. "Caretaker" also means any person who has the
responsibility for the care of a juvenile in a child care
facility as defined in Article 7 of Chapter 110 of the General
Statutes and includes any person who has the approval of the care
provider to assume responsibility for the juveniles under the
care of the care provider. Nothing in this subdivision shall be
construed to impose a legal duty of support under Chapter 50 or
Chapter 110 of the General Statutes. The duty imposed upon a
caretaker as defined in this subdivision shall be for the purpose
of this Subchapter only.
(4) Clerk. -- Any clerk of superior court, acting
clerk, or assistant or deputy clerk.
(5) Community-based program. -- A program providing
nonresidential or residential treatment to a juvenile in the
community where the juvenile's family lives. A community-based
program may include specialized foster care, family counseling,
shelter care, and other appropriate treatment.
(6) Court. -- The district court division of the
General Court of Justice.
(7) Court of competent jurisdiction. -- A court
having the power and authority of law to act at the time of
acting over the subject matter of the cause.
(7a) "Criminal history" means a local, State, or
federal criminal history of conviction or pending indictment of a
crime, whether a misdemeanor or a felony, involving violence
against a person.
(8) Custodian. -- The person or agency that has
been awarded legal custody of a juvenile by a court or a person,
other than parents or legal guardian, who has assumed the status
and obligation of a parent without being awarded the legal
custody of a juvenile by a court.
(9) Dependent juvenile. -- A juvenile in need of
assistance or placement because the juvenile has no parent,
guardian, or custodian responsible for the juvenile's care or
supervision or whose parent, guardian, or custodian is unable to
provide for the care or supervision and lacks an appropriate
alternative child care arrangement.
(10) Director. -- The director of the county
department of social services in the county in which the juvenile
resides or is found, or the director's representative as
authorized in G.S. 108A-14.
(11) District. -- Any district court district as
established by G.S. 7A-133.
(12) Judge. -- Any district court judge.
(13) Judicial district. -- Any district court
district as established by G.S. 7A-133.
(14) Juvenile. -- A person who has not reached the
person's eighteenth birthday and is not married, emancipated, or
a member of the armed forces of the United States.
(15) Neglected juvenile. -- A juvenile who does not
receive proper care, supervision, or discipline from the
juvenile's parent, guardian, custodian, or caretaker; or who has
been abandoned; or who is not provided necessary medical care; or
who is not provided necessary remedial care; or who lives in an
environment injurious to the juvenile's welfare; or who has been
placed for care or adoption in violation of law. In determining
whether a juvenile is a neglected juvenile, it is relevant
whether that juvenile lives in a home where another juvenile has
died as a result of suspected abuse or neglect or lives in a home
where another juvenile has been subjected to abuse or neglect by
an adult who regularly lives in the home.
(16) Petitioner. -- The individual who initiates
court action, whether by the filing of a petition or of a motion
for review alleging the matter for adjudication.
(17) Prosecutor. -- The district attorney or
assistant district attorney assigned by the district attorney to
juvenile proceedings.
(18) Reasonable efforts. -- The diligent use of
preventive or reunification services by a department of social
services when a juvenile's remaining at home or returning home is
consistent with achieving a safe, permanent home for the juvenile
within a reasonable period of time. If a court of competent
jurisdiction determines that the juvenile is not to be returned
home, then reasonable efforts means the diligent and timely use
of permanency planning services by a department of social
services to develop and implement a permanent plan for the
juvenile.
(19) Safe home. -- A home in which the juvenile is
not at substantial risk of physical or emotional abuse or
neglect.
(20) Shelter care. -- The temporary care of a
juvenile in a physically unrestricting facility pending court
disposition.
The singular includes the plural, the masculine singular
includes the feminine singular and masculine and feminine plural
unless otherwise specified. (1979, c. 815, s. 1; 1981, c. 336; c.
359, s. 2; c. 469, ss. 1-3; c. 716, s. 1; 1985, c. 648; c. 757,
s. 156(q); 1985 (Reg. Sess., 1986), c. 852, s. 16; 1987, c. 162;
c. 695; 1987 (Reg. Sess., 1988), c. 1037, ss. 36, 37; 1989 (Reg.
Sess., 1990), c. 815, s. 1; 1991, c. 258, s. 3; c. 273, s. 11;
1991 (Reg. Sess., 1992), c. 1030, s. 3; 1993, c. 324, s. 1; c.
516, ss. 1-3; 1997-113, s. 1; 1997-390, s. 3; 1997-390, s. 3.2;
1997-443, s. 11A.118(a); 1997-506, s. 30; 1998-202, s. 6; 1998-
229, ss. 1, 18; 1999-190, s. 1; 1999-318, s. 1; 1999-456, s. 60.)
ARTICLE 2.
Jurisdiction.
§ 7B-200. Jurisdiction.
(a) The court has exclusive, original jurisdiction over any
case involving a juvenile who is alleged to be abused, neglected,
or dependent. This jurisdiction does not extend to cases
involving adult defendants alleged to be guilty of abuse or
neglect.
The court also has exclusive original jurisdiction of the
following proceedings:
(1) Proceedings under the Interstate Compact on the
Placement of Children set forth in Article 38 of this Chapter;
(2) Proceedings involving judicial consent for
emergency surgical or medical treatment for a juvenile when the
juvenile's parent, guardian, custodian, or other person who has
assumed the status and obligation of a parent without being
awarded legal custody of the juvenile by a court refuses to
consent for treatment to be rendered;
(3) Proceedings to determine whether a juvenile
should be emancipated;
(4) Proceedings to terminate parental rights;
(5) Proceedings to review the placement of a
juvenile in foster care pursuant to an agreement between the
juvenile's parents or guardian and a county department of social
services;
(6) Proceedings in which a person is alleged to
have obstructed or interfered with an investigation required by
G.S. 7B-302; and
(7) Proceedings involving consent for an abortion
on an unemancipated minor pursuant to Article 1A, Part 2 of
Chapter 90 of the General Statutes.
(b) The court shall have jurisdiction over the parent or
guardian of a juvenile who has been adjudicated abused,
neglected, or dependent, as provided by G.S. 7B-904, provided the
parent or guardian has been properly served with summons pursuant
to G.S. 7B-406. (1979, c. 815, s. 1; 1983, c. 837, s. 1; 1985, c.
459, s. 2; 1987, c. 409, s. 2; 1995, c. 328, s. 3; c. 462, s. 2;
1996, 2nd Ex. Sess., c. 18, s. 23.2(c); 1998-202, s. 6.)
§ 7B-201. Retention of jurisdiction.
When the court obtains jurisdiction over a juvenile,
jurisdiction shall continue until terminated by order of the
court or until the juvenile reaches the age of 18 years or is
otherwise emancipated, whichever occurs first. (1979, c. 815, s.
1; 1981, c. 469, s. 4; 1996, 2nd Ex. Sess., c. 18, s. 23.2(d);
1998-202, s. 6.)
ARTICLE 3.
Screening of Abuse and Neglect Complaints.
§ 7B-300. Protective services.
The director of the department of social services in each
county of the State shall establish protective services for
juveniles alleged to be abused, neglected, or dependent.
Protective services shall include the investigation and
screening of complaints, casework, or other counseling services
to parents, guardians, or other caretakers as provided by the
director to help the parents, guardians, or other caretakers and
the court to prevent abuse or neglect, to improve the quality of
child care, to be more adequate parents, guardians, or
caretakers, and to preserve and stabilize family life.
The provisions of this Article shall also apply to child
care facilities as defined in G.S. 110-86. (1979, c. 815, s. 1;
1981, c. 359, s. 1; 1991 (Reg. Sess., 1992), c. 923, s. 1; 1997-
506, s. 31; 1998-202, s. 6.)
§ 7B-301. Duty to report abuse, neglect,
dependency, or death due to maltreatment.
Any person or institution who has cause to suspect that any
juvenile is abused, neglected, or dependent, as defined by G.S.
7B-101, or has died as the result of maltreatment, shall report
the case of that juvenile to the director of the department of
social services in the county where the juvenile resides or is
found. The report may be made orally, by telephone, or in
writing. The report shall include information as is known to the
person making it including the name and address of the juvenile;
the name and address of the juvenile's parent, guardian, or
caretaker; the age of the juvenile; the names and ages of other
juveniles in the home; the present whereabouts of the juvenile if
not at the home address; the nature and extent of any injury or
condition resulting from abuse, neglect, or dependency; and any
other information which the person making the report believes
might be helpful in establishing the need for protective services
or court intervention. If the report is made orally or by
telephone, the person making the report shall give the person's
name, address, and telephone number. Refusal of the person making
the report to give a name shall not preclude the department's
investigation of the alleged abuse, neglect, dependency, or death
as a result of maltreatment.
Upon receipt of any report of sexual abuse of the juvenile
in a child care facility, the director shall notify the State
Bureau of Investigation within 24 hours or on the next workday.
If sexual abuse in a child care facility is not alleged in the
initial report, but during the course of the investigation there
is reason to suspect that sexual abuse has occurred, the director
shall immediately notify the State Bureau of Investigation. Upon
notification that sexual abuse may have occurred in a child care
facility, the State Bureau of Investigation may form a task force
to investigate the report. (1979, c. 815, s. 1; 1991 (Reg. Sess.,
1992), c. 923, s. 2; 1993, c. 516, s. 4; 1997-506, s. 32; 1998-
202, s. 6.)
§ 7B-302. Investigation by director; access to
confidential information; notification of person making the
report.
(a) When a report of abuse, neglect, or dependency is
received, the director of the department of social services shall
make a prompt and thorough investigation in order to ascertain
the facts of the case, the extent of the abuse or neglect, and
the risk of harm to the juvenile, in order to determine whether
protective services should be provided or the complaint filed as
a petition. When the report alleges abuse, the director shall
immediately, but no later than 24 hours after receipt of the
report, initiate the investigation. When the report alleges
neglect or dependency, the director shall initiate the
investigation within 72 hours following receipt of the report.
The investigation and evaluation shall include a visit to the
place where the juvenile resides. All information received by the
department of social services, including the identity of the
reporter, shall be held in strictest confidence by the
department.
(b) When a report of a juvenile's death as a result of
suspected maltreatment or a report of suspected abuse, neglect,
or dependency of a juvenile in a noninstitutional setting is
received, the director of the department of social services shall
immediately ascertain if other juveniles live in the home, and,
if so, initiate an investigation in order to determine whether
they require protective services or whether immediate removal of
the juveniles from the home is necessary for their protection.
When a report of a juvenile's death as a result of maltreatment
or a report of suspected abuse, neglect, or dependency of a
juvenile in an institutional setting such as a residential child
care facility or residential educational facility is received,
the director of the department of social services shall
immediately ascertain if other juveniles remain in the facility
subject to the alleged perpetrator's care or supervision, and, if
so, assess the circumstances of those juveniles in order to
determine whether they require protective services or whether
immediate removal of those juveniles from the facility is
necessary for their protection.
(c) If the investigation indicates that abuse, neglect, or
dependency has occurred, the director shall decide whether
immediate removal of the juvenile or any other juveniles in the
home is necessary for their protection. If immediate removal does
not seem necessary, the director shall immediately provide or
arrange for protective services. If the parent, guardian,
custodian, or caretaker refuses to accept the protective services
provided or arranged by the director, the director shall sign a
complaint seeking to invoke the jurisdiction of the court for the
protection of the juvenile or juveniles.
(d) If immediate removal seems necessary for the protection
of the juvenile or other juveniles in the home, the director
shall sign a complaint which alleges the applicable facts to
invoke the jurisdiction of the court. Where the investigation
shows that it is warranted, a protective services worker may
assume temporary custody of the juvenile for the juvenile's
protection pursuant to Article 5 of this Chapter.
(d1) Whenever a juvenile is removed from the home of a
parent, guardian, custodian, stepparent, or adult relative
entrusted with the juvenile's care due to physical abuse, the
director shall conduct a thorough review of the background of the
alleged abuser or abusers. This review shall include a criminal
history check and a review of any available mental health
records. If the review reveals that the alleged abuser or abusers
have a history of violent behavior against people, the director
shall petition the court to order the alleged abuser or abusers
to submit to a complete mental health evaluation by a licensed
psychologist or psychiatrist.
(e) In performing any duties related to the investigation
of the complaint or the provision or arrangement for protective
services, the director may consult with any public or private
agencies or individuals, including the available State or local
law enforcement officers who shall assist in the investigation
and evaluation of the seriousness of any report of abuse,
neglect, or dependency when requested by the director. The
director or the director's representative may make a written
demand for any information or reports, whether or not
confidential, that may in the director's opinion be relevant to
the investigation of or the provision for protective services.
Upon the director's or the director's representative's request
and unless protected by the attorney-client privilege, any public
or private agency or individual shall provide access to and
copies of this confidential information and these records to the
extent permitted by federal law and regulations. If a custodian
of criminal investigative information or records believes that
release of the information will jeopardize the right of the State
to prosecute a defendant or the right of a defendant to receive a
fair trial or will undermine an ongoing or future investigation,
it may seek an order from a court of competent jurisdiction to
prevent disclosure of the information. In such an action, the
custodian of the records shall have the burden of showing by a
preponderance of the evidence that disclosure of the information
in question will jeopardize the right of the State to prosecute a
defendant or the right of a defendant to receive a fair trial or
will undermine an ongoing or future investigation. Actions
brought pursuant to this paragraph shall be set down for
immediate hearing, and subsequent proceedings in the actions
shall be accorded priority by the trial and appellate courts.
(f) Within five working days after receipt of the report of
abuse, neglect, or dependency, the director shall give written
notice to the person making the report, unless requested by that
person not to give notice, as to whether the report was accepted
for investigation and whether the report was referred to the
appropriate State or local law enforcement agency.
(g) Within five working days after completion of the
protective services investigation, the director shall give
subsequent written notice to the person making the report, unless
requested by that person not to give notice, as to whether there
is a finding of abuse, neglect, or dependency, whether the county
department of social services is taking action to protect the
juvenile, and what action it is taking, including whether or not
a petition was filed. The person making the report shall be
informed of procedures necessary to request a review by the
prosecutor of the director's decision not to file a petition. A
request for review by the prosecutor shall be made within five
working days of receipt of the second notification. The second
notification shall include notice that, if the person making the
report is not satisfied with the director's decision, the person
may request review of the decision by the prosecutor within five
working days of receipt. The person making the report may waive
the person's right to this notification, and no notification is
required if the person making the report does not identify
himself to the director. (1979, c. 815, s. 1; 1985, c. 205; 1991,
c. 593, s. 1; 1991 (Reg. Sess., 1992), c. 923, s. 3; 1993, c.
516, s. 5; 1995, c. 411, s. 1; 1997-390, s. 3.1; 1998-202, s. 6;
1998-229, ss. 2, 19; 1999-190, s. 2; 1999-318, s. 2; 1999-456, s.
60.)
§ 7B-303. Interference with investigation.
(a) If any person obstructs or interferes with an
investigation required by G.S. 7B-302, the director may file a
petition naming said person as respondent and requesting an order
directing the respondent to cease such obstruction or
interference. The petition shall contain the name and date of
birth and address of the juvenile who is the subject of the
investigation, shall specifically describe the conduct alleged to
constitute obstruction of or interference with the investigation,
and shall be verified.
(b) For purposes of this section, obstruction of or
interference with an investigation means refusing to disclose the
whereabouts of the juvenile, refusing to allow the director to
have personal access to the juvenile, refusing to allow the
director to observe or interview the juvenile in private,
refusing to allow the director access to confidential information
and records upon request pursuant to G.S. 7B-302, refusing to
allow the director to arrange for an evaluation of the juvenile
by a physician or other expert, or other conduct that makes it
impossible for the director to carry out the duty to investigate.
(c) Upon filing of the petition, the court shall schedule a
hearing to be held not less than five days after service of the
petition and summons on the respondent. Service of the petition
and summons and notice of hearing shall be made as provided by
the Rules of Civil Procedure on the respondent; the juvenile's
parent, guardian, custodian, or caretaker; and any other person
determined by the court to be a necessary party. If at the
hearing on the petition the court finds by clear, cogent, and
convincing evidence that the respondent, without lawful excuse,
has obstructed or interfered with an investigation required by
G.S. 7B-302, the court may order the respondent to cease such
obstruction or interference. The burden of proof shall be on the
petitioner.
(d) If the director has reason to believe that the juvenile
is in need of immediate protection or assistance, the director
shall so allege in the petition and may seek an ex parte order
from the court. If the court, from the verified petition and any
inquiry the court makes of the director, finds probable cause to
believe both that the juvenile is at risk of immediate harm and
that the respondent is obstructing or interfering with the
director's ability to investigate to determine the juvenile's
condition, the court may enter an ex parte order directing the
respondent to cease such obstruction or interference. The order
shall be limited to provisions necessary to enable the director
to conduct an investigation sufficient to determine whether the
juvenile is in need of immediate protection or assistance. Within
10 days after the entry of an ex parte order under this
subsection, a hearing shall be held to determine whether there is
good cause for the continuation of the order or the entry of a
different order. An order entered under this subsection shall be
served on the respondent along with a copy of the petition,
summons, and notice of hearing.
(e) The director may be required at a hearing under this
section to reveal the identity of any person who made a report of
suspected abuse, neglect, or dependency as required by G.S. 7B-
301.
(f) An order entered pursuant to this section is
enforceable by civil or criminal contempt as provided in Chapter
5A of the General Statutes. (1987, c. 409, s. 1; 1993, c. 516, s.
6; 1998-202, s. 6.)
§ 7B-304. Evaluation for court.
In all cases in which a petition is filed, the director of
the department of social services shall prepare a report for the
court containing the results of any mental health evaluation
under G.S. 7B-503, a home placement plan, and a treatment plan
deemed by the director to be appropriate to the needs of the
juvenile. The report shall be available to the court immediately
following the adjudicatory hearing. (1979, c. 815, s. 1; 1998-
202, s. 6; 1999-318, s. 3; 1999-456, s. 60.)
§ 7B-305. Request for review by prosecutor.
The person making the report shall have five working days,
from receipt of the decision of the director of the department of
social services not to petition the court, to notify the
prosecutor that the person is requesting a review. The prosecutor
shall notify the person making the report and the director of the
time and place for the review, and the director shall immediately
transmit to the prosecutor a copy of the investigation report.
(1979, c. 815, s. 1; 1998-202, s. 6.)
§ 7B-306. Review by prosecutor.
The prosecutor shall review the director's determination
that a petition should not be filed within 20 days after the
person making the report is notified. The review shall include
conferences with the person making the report, the protective
services worker, the juvenile, if practicable, and other persons
known to have pertinent information about the juvenile or the
juvenile's family. At the conclusion of the conferences, the
prosecutor may affirm the decision made by the director, may
request the appropriate local law enforcement agency to
investigate the allegations, or may direct the director to file a
petition. (1979, c. 815, s. 1; 1981, c. 469, s. 7; 1993, c. 516,
s. 7; 1998-202, s. 6.)
§ 7B-307. Duty of director to report evidence
of abuse, neglect; investigation by local law enforcement;
notification of Department of Health and Human Services and State
Bureau of Investigation.
(a) If the director finds evidence that a juvenile may have
been abused as defined by G.S. 7B-101, the director shall make an
immediate oral and subsequent written report of the findings to
the district attorney or the district attorney's designee and the
appropriate local law enforcement agency within 48 hours after
receipt of the report. The local law enforcement agency shall
immediately, but no later than 48 hours after receipt of the
information, initiate and coordinate a criminal investigation
with the protective services investigation being conducted by the
county department of social services. Upon completion of the
investigation, the district attorney shall determine whether
criminal prosecution is appropriate and may request the director
or the director's designee to appear before a magistrate.
If the director receives information that a juvenile may
have been physically harmed in violation of any criminal statute
by any person other than the juvenile's parent, guardian,
custodian, or caretaker, the director shall make an immediate
oral and subsequent written report of that information to the
district attorney or the district attorney's designee and to the
appropriate local law enforcement agency within 48 hours after
receipt of the information. The local law enforcement agency
shall immediately, but no later than 48 hours after receipt of
the information, initiate a criminal investigation. Upon
completion of the investigation, the district attorney shall
determine whether criminal prosecution is appropriate.
If the report received pursuant to G.S. 7B-301 involves
abuse or neglect of a juvenile in child care, the director shall
notify the Department of Health and Human Services within 24
hours or on the next working day of receipt of the report.
(b) If the director finds evidence that a juvenile has been
abused or neglected as defined by G.S. 7B-101 in a child care
facility, the director shall immediately so notify the Department
of Health and Human Services and, in the case of sexual abuse,
the State Bureau of Investigation, in such a way as does not
violate the law guaranteeing the confidentiality of the records
of the department of social services.
(c) Upon completion of the investigation, the director
shall give the Department written notification of the results of
the investigation required by G.S. 7B-302. Upon completion of an
investigation of sexual abuse in a child care facility, the
director shall also make written notification of the results of
the investigation to the State Bureau of Investigation.
The director of the department of social services shall
submit a report of alleged abuse, neglect, or dependency cases or
child fatalities that are the result of alleged maltreatment to
the central registry under the policies adopted by the Social
Services Commission. (1979, c. 815, s. 1; 1983, c. 199; 1985, c.
757, s. 156(s)-(u); 1991, c. 593, s. 2; 1991 (Reg. Sess., 1992),
c. 923, s. 4; 1993, c. 516, s. 8; 1997-443, s. 11A.118(a); 1997-
506, s. 33; 1998-202, s. 6.)
§ 7B-308. Authority of medical professionals in
abuse cases.
(a) Any physician or administrator of a hospital, clinic,
or other medical facility to which a suspected abused juvenile is
brought for medical diagnosis or treatment shall have the right,
when authorized by the chief district court judge of the district
or the judge's designee, to retain physical custody of the
juvenile in the facility when the physician who examines the
juvenile certifies in writing that the juvenile who is suspected
of being abused should remain for medical treatment or that,
according to the juvenile's medical evaluation, it is unsafe for
the juvenile to return to the juvenile's parent, guardian,
custodian, or caretaker. This written certification must be
signed by the certifying physician and must include the time and
date that the judicial authority to retain custody is given.
Copies of the written certification must be appended to the
juvenile's medical and judicial records and another copy must be
given to the juvenile's parent, guardian, custodian, or
caretaker. The right to retain custody in the facility shall
exist for up to 12 hours from the time and date contained in the
written certification.
(b) Immediately upon receipt of judicial authority to
retain custody, the physician, the administrator, or that
person's designee shall so notify the director of social services
for the county in which the facility is located. The director
shall treat this notification as a report of suspected abuse and
shall immediately begin an investigation of the case.
(1) If the investigation reveals (i) that it is the
opinion of the certifying physician that the juvenile is in need
of medical treatment to cure or alleviate physical distress or to
prevent the juvenile from suffering serious physical injury, and
(ii) that it is the opinion of the physician that the juvenile
should for these reasons remain in the custody of the facility
for 12 hours, but (iii) that the juvenile's parent, guardian,
custodian, or caretaker cannot be reached or, upon request, will
not consent to the treatment within the facility, the director
shall within the initial 12-hour period file a juvenile petition
alleging abuse and setting forth supporting allegations and shall
seek a nonsecure custody order. A petition filed and a nonsecure
custody order obtained in accordance with this subdivision shall
come on for hearing under the regular provisions of this
Subchapter unless the director and the certifying physician
together voluntarily dismiss the petition.
(2) In all cases except those described in
subdivision (1) above, the director shall conduct the
investigation and may initiate juvenile proceedings and take all
other steps authorized by the regular provisions of this
Subchapter. If the director decides not to file a petition, the
physician, the administrator, or that person's designee may ask
the prosecutor to review this decision according to the
provisions of G.S. 7B-305 and G.S. 7B-306.
(c) If, upon hearing, the court determines that the
juvenile is found in a county other than the county of legal
residence, in accord with G.S. 153A-257, the juvenile may be
transferred, in accord with G.S. 7B-903(2), to the custody of the
department of social services in the county of residence.
(d) If the court, upon inquiry, determines that the medical
treatment rendered was necessary and appropriate, the cost of
that treatment may be charged to the parents, guardian,
custodian, or caretaker, or, if the parents are unable to pay, to
the county of residence in accordance with G.S. 7B-903 and G.S.
7B-904.
(e) Except as otherwise provided, a petition begun under
this section shall proceed in like manner with petitions begun
under G.S. 7B-302.
(f) The procedures in this section are in addition to, and
not in derogation of, the abuse and neglect reporting provisions
of G.S. 7B-301 and the temporary custody provisions of G.S. 7B-
500. Nothing in this section shall preclude a physician or
administrator and a director of social services from following
the procedures of G.S. 7B-301 and G.S. 7B-500 whenever these
procedures are more appropriate to the juvenile's circumstances.
(1979, c. 815, s. 1; 1981, c. 716, s. 2; 1995, c. 255, s. 1; 1998-
202, s. 6.)
§ 7B-309. Immunity of persons reporting and
cooperating in an investigation.
Anyone who makes a report pursuant to this Article,
cooperates with the county department of social services in a
protective services inquiry or investigation, testifies in any
judicial proceeding resulting from a protective services report
or investigation, or otherwise participates in the program
authorized by this Article, is immune from any civil or criminal
liability that might otherwise be incurred or imposed for that
action provided that the person was acting in good faith. In any
proceeding involving liability, good faith is presumed. (1979, c.
815, s. 1; 1981, s. 469, s. 8; 1993, c. 516, s. 9; 1998-202, s.
6.)
§ 7B-310. Privileges not grounds for failing to
report or for excluding evidence.
No privilege shall be grounds for any person or institution
failing to report that a juvenile may have been abused,
neglected, or dependent, even if the knowledge or suspicion is
acquired in an official professional capacity, except when the
knowledge or suspicion is gained by an attorney from that
attorney's client during representation only in the abuse,
neglect, or dependency case. No privilege, except the attorney-
client privilege, shall be grounds for excluding evidence of
abuse, neglect, or dependency in any judicial proceeding (civil,
criminal, or juvenile) in which a juvenile's abuse, neglect, or
dependency is in issue nor in any judicial proceeding resulting
from a report submitted under this Article, both as this
privilege relates to the competency of the witness and to the
exclusion of confidential communications. (1979, c. 815, s. 1;
1987, c. 323, s. 1; 1993, c. 514, s. 3; c. 516, s. 10; 1995, c.
509, s. 133; 1998-202, s. 6.)
§ 7B-311. Central registry.
The Department of Health and Human Services shall maintain a
central registry of abuse, neglect, and dependency cases and
child fatalities that are the result of alleged maltreatment that
are reported under this Article in order to compile data for
appropriate study of the extent of abuse and neglect within the
State and to identify repeated abuses of the same juvenile or of
other juveniles in the same family. This data shall be furnished
by county directors of social services to the Department of
Health and Human Services and shall be confidential, subject to
policies adopted by the Social Services Commission providing for
its use for study and research and for other appropriate
disclosure. Data shall not be used at any hearing or court
proceeding unless based upon a final judgment of a court of law.
(1979, c. 815, s. 1; 1993, c. 516, s. 11; 1997-443, s.
11A.118(a); 1998-202, s. 6.)
ARTICLE 4.
Venue; Petitions.
§ 7B-400. Venue; pleading.
A proceeding in which a juvenile is alleged to be abused,
neglected, or dependent may be commenced in the district in which
the juvenile resides or is present. When a proceeding is
commenced in a district other than that of the juvenile's
residence, the court, on its own motion or upon motion of any
party, may transfer the proceeding to the court in the district
where the juvenile resides. A transfer under this section may be
made at any time. (1979, c. 815, s. 1; 1998-202, s. 6.)
§ 7B-401. Pleading and process.
The pleading in an abuse, neglect, or dependency action is
the petition. The process in an abuse, neglect, or dependency
action is the summons. (1979, c. 815, s. 1; 1998-202, s. 6.)
§ 7B-402. Petition.
The petition shall contain the name, date of birth, address
of the juvenile, the name and last known address of the
juvenile's parent, guardian, or custodian and shall allege the
facts which invoke jurisdiction over the juvenile. The petition
may contain information on more than one juvenile when the
juveniles are from the same home and are before the court for the
same reason.
Sufficient copies of the petition shall be prepared so that
copies will be available for each parent if living separate and
apart, the guardian, custodian, or caretaker, the guardian ad
litem, the social worker, and any person determined by the court
to be a necessary party. (1979, c. 815, s. 1; 1981, c. 469, s. 9;
1998-202, s. 6.)
§ 7B-403. Receipt of reports; filing of
petition.
(a) All reports concerning a juvenile alleged to be abused,
neglected, or dependent shall be referred to the director of the
department of social services for screening. Thereafter, if it is
determined by the director that a report should be filed as a
petition, the petition shall be drawn by the director, verified
before an official authorized to administer oaths, and filed by
the clerk, recording the date of filing.
(b) A decision of the director of social services not to
file a report as a petition shall be reviewed by the prosecutor
if review is requested pursuant to G.S. 7B-305. (1979, c. 815, s.
1; 1981, c. 469, ss. 10, 11; 1998-202, s. 6.)
§ 7B-404. Immediate need for petition when
clerk's office is closed.
(a) When the office of the clerk is closed, a magistrate
may be authorized by the chief district court judge to draw,
verify, and issue petitions as follows:
(1) When the director of the department of social
services requests a petition alleging a juvenile to be abused,
neglected, or dependent, or
(2) When the director of the department of social
services requests a petition alleging the obstruction of or
interference with an investigation required by G.S. 7B-302.
(b) The authority of the magistrate under this section is
limited to emergency situations when a petition is required in
order to obtain a nonsecure custody order or an order under G.S.
7B-303. Any petition issued under this section shall be delivered
to the clerk's office for processing as soon as that office is
open for business. (1979, c. 815, s. 1; 1987, c. 409, s. 3; 1998-
202, s. 6.)
§ 7B-405. Commencement of action.
An action is commenced by the filing of a petition in the
clerk's office when that office is open or by the issuance of a
juvenile petition by a magistrate when the clerk's office is
closed, which issuance shall constitute filing. (1979, c. 815, s.
1; 1998-202, s. 6.)
§ 7B-406. Issuance of summons.
(a) Immediately after a petition has been filed alleging
that a juvenile is abused, neglected, or dependent, the clerk
shall issue a summons to the parent, guardian, custodian, or
caretaker requiring them to appear for a hearing at the time and
place stated in the summons. A copy of the petition shall be
attached to each summons.
(b) A summons shall be on a printed form supplied by the
Administrative Office of the Courts and shall include:
(1) Notice of the nature of the proceeding;
(2) Notice of any right to counsel and information
about how to seek the appointment of counsel prior to a hearing;
(3) Notice that, if the court determines at the
hearing that the allegations of the petition are true, the court
will conduct a dispositional hearing to consider the needs of the
juvenile and enter an order designed to meet those needs and the
objectives of the State; and
(4) Notice that the dispositional order or a
subsequent order:
a. May remove the juvenile from the custody of
the parent, guardian, or custodian.
b. May require that the juvenile receive
medical, psychiatric, psychological, or other treatment and that
the parent participate in the treatment.
c. May require the parent to undergo
psychiatric, psychological, or other treatment or counseling for
the purpose of remedying the behaviors or conditions that are
alleged in the petition or that contributed to the removal of the
juvenile from the custody of that person.
d. May order the parent to pay for treatment
that is ordered for the juvenile or the parent.
(c) The summons shall advise the parent that upon service,
jurisdiction over that person is obtained and that failure to
comply with any order of the court pursuant to G.S. 7B-904 may
cause the court to issue a show cause order for contempt.
(d) A summons shall be directed to the person summoned to
appear and shall be delivered to any person authorized to serve
process. (1979, c. 815, s. 1; 1987 (Reg. Sess., 1988), c. 1090,
s. 2; 1995, c. 328, s. 1; 1998-202, s. 6.)
§ 7B-407. Service of summons.
The summons shall be personally served upon the parent,
guardian, custodian, or caretaker, not less than five days prior
to the date of the scheduled hearing. The time for service may be
waived in the discretion of the court.
If the parent, guardian, custodian, or caretaker entitled to
receive a summons cannot be found by a diligent effort, the court
may authorize service of the summons and petition by mail or by
publication. The cost of the service by publication shall be
advanced by the petitioner and may be charged as court costs as
the court may direct.
If the parent, guardian, custodian, or caretaker is
personally served as herein provided and fails without reasonable
cause to appear and to bring the juvenile before the court, the
parent, guardian, custodian, or caretaker may be proceeded
against as for contempt of court. (1979, c. 815, s. 1; 1998-202,
s. 6.)
ARTICLE 5.
Temporary Custody; Nonsecure Custody; Custody Hearings.
§ 7B-500. Taking a juvenile into temporary
custody.
Temporary custody means the taking of physical custody and
providing personal care and supervision until a court order for
nonsecure custody can be obtained. A juvenile may be taken into
temporary custody without a court order by a law enforcement
officer or a department of social services worker if there are
reasonable grounds to believe that the juvenile is abused,
neglected, or dependent and that the juvenile would be injured or
could not be taken into custody if it were first necessary to
obtain a court order. If a department of social services worker
takes a juvenile into temporary custody under this section, the
worker may arrange for the placement, care, supervision, and
transportation of the juvenile. (1979, c. 815, s. 1; 1985, c.
408, s. 1; 1985 (Reg. Sess., 1986), c. 863, s. 1; 1994, Ex.
Sess., c. 27, s. 2; 1995, c. 391, s. 1; 1997-443, s. 11A.118(a);
1998-202, s. 6.)
§ 7B-501. Duties of person taking juvenile into
temporary custody.
(a) A person who takes a juvenile into custody without a
court order under G.S. 7B-500 shall proceed as follows:
(1) Notify the juvenile's parent, guardian,
custodian, or caretaker that the juvenile has been taken into
temporary custody and advise the parent, guardian, custodian, or
caretaker of the right to be present with the juvenile until a
determination is made as to the need for nonsecure custody.
Failure to notify the parent that the juvenile is in custody
shall not be grounds for release of the juvenile.
(2) Release the juvenile to the juvenile's parent,
guardian, custodian, or caretaker if the person having the
juvenile in temporary custody decides that continued custody is
unnecessary.
(3) The person having temporary custody shall
communicate with the director of the department of social
services who shall consider prehearing diversion. If the decision
is made to file a petition, the director shall contact the judge
or person delegated authority pursuant to G.S. 7B-502 for a
determination of the need for continued custody.
(b) A juvenile taken into temporary custody under this
Article shall not be held for more than 12 hours, or for more
than 24 hours if any of the 12 hours falls on a Saturday, Sunday,
or legal holiday, unless:
(1) A petition or motion for review has been filed
by the director of the department of social services, and
(2) An order for nonsecure custody has been entered
by the court. (1979, c. 815, s. 1; 1981, c. 335, ss. 1, 2; 1994,
Ex. Sess., c. 17, s. 1; c. 27, s. 3; 1995, c. 391, s. 2; 1998-
202, s. 6.)
§ 7B-502. Authority to issue custody orders;
delegation.
In the case of any juvenile alleged to be within the
jurisdiction of the court, the court may order that the juvenile
be placed in nonsecure custody pursuant to criteria set out in
G.S. 7B-503 when custody of the juvenile is necessary.
Any district court judge shall have the authority to issue
nonsecure custody orders pursuant to G.S. 7B-503. The chief
district court judge may delegate the court's authority to
persons other than district court judges by administrative order
which shall be filed in the office of the clerk of superior
court. The administrative order shall specify which persons shall
be contacted for approval of a nonsecure custody order pursuant
to G.S. 7B-503. (1979, c. 815, s. 1; 1981, c. 425; 1983, c. 590,
s. 1; 1998-202, s. 6.)
§ 7B-503. Criteria for nonsecure custody.
(a) When a request is made for nonsecure custody, the court
shall first consider release of the juvenile to the juvenile's
parent, relative, guardian, custodian, or other responsible
adult. An order for nonsecure custody shall be made only when
there is a reasonable factual basis to believe the matters
alleged in the petition are true, and
(1) The juvenile has been abandoned; or
(2) The juvenile has suffered physical injury or
sexual abuse; or
(3) The juvenile is exposed to a substantial risk
of physical injury or sexual abuse because the parent, guardian,
custodian, or caretaker has created the conditions likely to
cause injury or abuse or has failed to provide, or is unable to
provide, adequate supervision or protection; or
(4) The juvenile is in need of medical treatment to
cure, alleviate, or prevent suffering serious physical harm which
may result in death, disfigurement, or substantial impairment of
bodily functions, and the juvenile's parent, guardian, custodian,
or caretaker is unwilling or unable to provide or consent to the
medical treatment; or
(5) The parent, guardian, custodian, or caretaker
consents to the nonsecure custody order; or
(6) The juvenile is a runaway and consents to
nonsecure custody.
A juvenile alleged to be abused, neglected, or dependent shall be
placed in nonsecure custody only when there is a reasonable
factual basis to believe that there are no other reasonable means
available to protect the juvenile. In no case shall a juvenile
alleged to be abused, neglected, or dependent be placed in secure
custody.
(b) Whenever a petition is filed under G.S. 7B-302(d1), the
court shall rule on the petition prior to returning the child to
a home where the alleged abuser or abusers are or have been
present. If the court finds that the alleged abuser or abusers
have a history of violent behavior against people, the court
shall order the alleged abuser or abusers to submit to a complete
mental health evaluation by a licensed psychologist or
psychiatrist. The court may order the alleged abuser or abusers
to pay the cost of any mental health evaluation required under
this section. (1979, c. 815, s. 1; 1981, c. 426, ss. 1-4; c. 526;
1983, c. 590, ss. 2-6; 1987, c. 101; 1987 (Reg. Sess., 1988), c.
1090, s. 3; 1989, c. 550; 1998-202, s. 6; 1999-318, s. 4; 1999-
456, s. 60.)
§ 7B-504. Order for nonsecure custody.
The custody order shall be in writing and shall direct a law
enforcement officer or other authorized person to assume custody
of the juvenile and to make due return on the order. A copy of
the order shall be given to the juvenile's parent, guardian,
custodian, or caretaker by the official executing the order.
An officer receiving an order for custody which is complete
and regular on its face may execute it in accordance with its
terms. The officer is not required to inquire into the regularity
or continued validity of the order and shall not incur criminal
or civil liability for its due service. (1979, c. 815, s. 1;
1989, c. 124; 1998-202, s. 6.)
§ 7B-505. Place of nonsecure custody.
A juvenile meeting the criteria set out in G.S. 7B-503 may
be placed in nonsecure custody with the department of social
services or a person designated in the order for temporary
residential placement in:
(1) A licensed foster home or a home otherwise
authorized by law to provide such care; or
(2) A facility operated by the department of social
services; or
(3) Any other home or facility, including a
relative's home approved by the court and designated in the
order.
In placing a juvenile in nonsecure custody under this
section, the court shall first consider whether a relative of the
juvenile is willing and able to provide proper care and
supervision of the juvenile in a safe home. If the court finds
that the relative is willing and able to provide proper care and
supervision in a safe home, then the court shall order placement
of the juvenile with the relative unless the court finds that
placement with the relative would be contrary to the best
interests of the juvenile. In placing a juvenile in nonsecure
custody under this section, the court shall consider the Indian
Child Welfare Act, Pub. L. No. 95-608, 25 U.S.C. §§ 1901, et
seq., as amended, and the Howard M. Metzenbaum Multiethnic
Placement Act of 1994, Pub. L. No. 103-382, 108 Stat. 4056, as
amended, as they may apply. Placement of a juvenile with a
relative outside of this State must be in accordance with the
Interstate Compact on the Placement of Children, Article 38 of
this Chapter. (1979, c. 815, s. 1; 1983, c. 639, ss. 1, 2; 1997-
390, s. 4; 1997-443, s. 11A.118(a); 1998-202, s. 6; 1998-229, s.
20.)
§ 7B-506. Hearing to determine need for continued
nonsecure custody.
(a) No juvenile shall be held under a nonsecure custody
order for more than seven calendar days without a hearing on the
merits or a hearing to determine the need for continued custody.
A hearing on nonsecure custody conducted under this subsection
may be continued for up to 10 business days with the consent of
the juvenile's parent, guardian, custodian, or caretaker and, if
appointed, the juvenile's guardian ad litem. In addition, the
court may require the consent of additional parties or may
schedule the hearing on custody despite a party's consent to a
continuance. In every case in which an order has been entered by
an official exercising authority delegated pursuant to G.S. 7B-
502, a hearing to determine the need for continued custody shall
be conducted on the day of the next regularly scheduled session
of district court in the city or county where the order was
entered if such session precedes the expiration of the applicable
time period set forth in this subsection: Provided, that if such
session does not precede the expiration of the time period, the
hearing may be conducted at another regularly scheduled session
of district court in the district where the order was entered.
(b) At a hearing to determine the need for continued
custody, the court shall receive testimony and shall allow the
guardian ad litem, or juvenile, and the juvenile's parent,
guardian, custodian, or caretaker an opportunity to introduce
evidence, to be heard in the person's own behalf, and to examine
witnesses. The State shall bear the burden at every stage of the
proceedings to provide clear and convincing evidence that the
juvenile's placement in custody is necessary. The court shall not
be bound by the usual rules of evidence at such hearings.
(c) The court shall be bound by criteria set forth in G.S.
7B-503 in determining whether continued custody is warranted.
(c1) In determining whether continued custody is warranted,
the court shall consider the opinion of the mental health
professional who performed an evaluation under G.S. 7B-503(b)
before returning the juvenile to the custody of that individual.
(d) If the court determines that the juvenile meets the
criteria in G.S. 7B-503 and should continue in custody, the court
shall issue an order to that effect. The order shall be in
writing with appropriate findings of fact. The findings of fact
shall include the evidence relied upon in reaching the decision
and the purposes which continued custody is to achieve.
(e) If the court orders at the hearing required in
subsection (a) of this section that the juvenile remain in
custody, a subsequent hearing on continued custody shall be held
within seven business days of that hearing, excluding Saturdays,
Sundays, and legal holidays, and pending a hearing on the merits,
hearings thereafter shall be held at intervals of no more than 30
calendar days.
(f) Hearings conducted under subsection (e) of this section
may be waived only with the consent of the juvenile's parent,
guardian, custodian, or caretaker, and, if appointed, the
juvenile's guardian ad litem.
The court may require the consent of additional parties or
schedule a hearing despite a party's consent to waiver.
(g) Reserved.
(h) At each hearing to determine the need for continued
custody, the court shall:
(1) Inquire as to the identity and location of any
missing parent. The court shall include findings as to the
efforts undertaken to locate the missing parent and to serve that
parent. The order may provide for specific efforts aimed at
determining the identity and location of any missing parent;
(2) Inquire as to whether a relative of the
juvenile is willing and able to provide proper care and
supervision of the juvenile in a safe home. If the court finds
that the relative is willing and able to provide proper care and
supervision in a safe home, then the court shall order temporary
placement of the juvenile with the relative unless the court
finds that placement with the relative would be contrary to the
best interests of the juvenile. In placing a juvenile in
nonsecure custody under this section, the court shall consider
the Indian Child Welfare Act, Pub. L. No. 95-608, 25 U.S.C. §§
1901, et seq., as amended, and the Howard M. Metzenbaum
Multiethnic Placement Act of 1994, Pub. L. No. 103-382, 108 Stat.
4056, as amended, as they may apply. Placement of a juvenile with
a relative outside of this State must be in accordance with the
Interstate Compact on the Placement of Children set forth in
Article 38 of this Chapter; and
(3) Inquire as to whether there are other juveniles
remaining in the home from which the juvenile was removed and, if
there are, inquire as to the specific findings of the
investigation conducted under G.S. 7B-302 and any actions taken
or services provided by the director for the protection of the
other juveniles. (1979, c. 815, s. 1; 1981, c. 469, s. 13; 1987
(Reg. Sess., 1988), c. 1090, s. 4; 1994, Ex. Sess., c. 27, s. 1;
1997-390, ss. 5, 6; 1998-229, s. 4; 1998-202, s. 6; 1998-229, ss.
4.1, 21; 1999-318, s. 5; 1999-456, s. 60.)
§ 7B-507. Reasonable efforts.
(a) An order placing or continuing the placement of a
juvenile in the custody or placement responsibility of a county
department of social services, whether an order for continued
nonsecure custody, a dispositional order, or a review order:
(1) Shall contain a finding that the juvenile's
continuation in or return to the juvenile's own home would be
contrary to the juvenile's best interest;
(2) Shall contain findings as to whether a county
department of social services has made reasonable efforts to
prevent or eliminate the need for placement of the juvenile,
unless the court has previously determined under subsection (b)
of this section that such efforts are not required or shall
cease;
(3) Shall contain findings as to whether a county
department of social services should continue to make reasonable
efforts to prevent or eliminate the need for placement of the
juvenile, unless the court has previously determined or
determines under subsection (b) of this section that such efforts
are not required or shall cease;
(4) Shall specify that the juvenile's placement and
care are the responsibility of the county department of social
services and that the agency is to provide or arrange for the
foster care or other placement of the juvenile; and
(5) May provide for services or other efforts aimed
at returning the juvenile to a safe home or at achieving another
permanent plan for the juvenile.
A finding that reasonable efforts have not been made by a
county department of social services shall not preclude the entry
of an order authorizing the juvenile's placement when the court
finds that placement is necessary for the protection of the
juvenile. Where efforts to prevent the need for the juvenile's
placement were precluded by an immediate threat of harm to the
juvenile, the court may find that the placement of the juvenile
in the absence of such efforts was reasonable.
(b) In any order placing a juvenile in the custody or
placement responsibility of a county department of social
services, whether an order for continued nonsecure custody, a
dispositional order, or a review order, the court may direct that
reasonable efforts to eliminate the need for placement of the
juvenile shall not be required or shall cease if the court makes
written findings of fact that:
(1) Such efforts clearly would be futile or would
be inconsistent with the juvenile's health, safety, and need for
a safe, permanent home within a reasonable period of time;
(2) A court of competent jurisdiction has
determined that the parent has subjected the child to aggravated
circumstances as defined in G.S. 7B-101;
(3) A court of competent jurisdiction has
terminated involuntarily the parental rights of the parent to
another child of the parent; or
(4) A court of competent jurisdiction has
determined that: the parent has committed murder or voluntary
manslaughter of another child of the parent; has aided, abetted,
attempted, conspired, or solicited to commit murder or
voluntarily manslaughter of the child or another child of the
parent; or has committed a felony assault resulting in serious
bodily injury to the child or another child of the parent.
(c) At any hearing at which the court finds that reasonable
efforts to eliminate the need for the juvenile's placement are
not required or shall cease, the court shall direct that a
permanency planning hearing as required by G.S. 7B-907 be held
within 30 calendar days after the date of the hearing and, if
practicable, shall set the date and time for the permanency
planning hearing.
(d) In determining reasonable efforts to be made with
respect to a juvenile and in making such reasonable efforts, the
juvenile's health and safety shall be the paramount concern.
Reasonable efforts to preserve or reunify families may be made
concurrently with efforts to plan for the juvenile's adoption, to
place the juvenile with a legal guardian, or to place the
juvenile in another permanent arrangement. (1998-229, ss. 4.1,
21.1.)
§ 7B-508. Telephonic communication
authorized.
All communications, notices, orders, authorizations, and
requests authorized or required by G.S. 7B-501, 7B-503, and 7B-
504 may be made by telephone when other means of communication
are impractical. All written orders pursuant to telephonic
communication shall bear the name and the title of the person
communicating by telephone, the signature and the title of the
official entering the order, and the hour and the date of the
authorization. (1979, c. 815, s. 1; 1981, c. 469, s. 13; 1987
(Reg. Sess., 1988), c. 1090, s. 4; 1994, Ex. Sess., c. 27, s. 1;
1997-390, ss. 5, 6; 1998-202, s. 6; 1998-229, s. 4.)
ARTICLE 6.
Basic Rights.
§ 7B-600. Appointment of guardian.
In any case when no parent appears in a hearing with the
juvenile or when the court finds it would be in the best
interests of the juvenile, the court may appoint a guardian of
the person for the juvenile. The guardian shall operate under the
supervision of the court with or without bond and shall file only
such reports as the court shall require. The guardian shall have
the care, custody, and control of the juvenile or may arrange a
suitable placement for the juvenile and may represent the
juvenile in legal actions before any court. The guardian may
consent to certain actions on the part of the juvenile in place
of the parent including (i) marriage, (ii) enlisting in the armed
forces, and (iii) enrollment in school. The guardian may also
consent to any necessary remedial, psychological, medical, or
surgical treatment for the juvenile. The authority of the
guardian shall continue until the guardianship is terminated by
court order, until the juvenile is emancipated pursuant to
Article 35 of Subchapter IV of this Chapter, or until the
juvenile reaches the age of majority. (1979, c. 815, s. 1; 1997-
390, s. 7; 1998-202, s. 6.)
§ 7B-601. Appointment and duties of guardian ad
litem.
(a) When in a petition a juvenile is alleged to be abused
or neglected, the court shall appoint a guardian ad litem to
represent the juvenile. When a juvenile is alleged to be
dependent, the court may appoint a guardian ad litem to represent
the juvenile. The juvenile is a party in all actions under this
Subchapter. The guardian ad litem and attorney advocate have
standing to represent the juvenile in all actions under this
Subchapter where they have been appointed. The appointment shall
be made pursuant to the program established by Article 12 of this
Chapter unless representation is otherwise provided pursuant to
G.S. 7B-1202 or G.S. 7B-1203. The appointment shall terminate
when the permanent plan has been achieved for the juvenile and
approved by the court. The court may reappoint the guardian ad
litem pursuant to a showing of good cause upon motion of any
party, including the guardian ad litem, or of the court. In every
case where a nonattorney is appointed as a guardian ad litem, an
attorney shall be appointed in the case in order to assure
protection of the juvenile's legal rights throughout the
proceeding. The duties of the guardian ad litem program shall be
to make an investigation to determine the facts, the needs of the
juvenile, and the available resources within the family and
community to meet those needs; to facilitate, when appropriate,
the settlement of disputed issues; to offer evidence and examine
witnesses at adjudication; to explore options with the court at
the dispositional hearing; to conduct follow-up investigations to
insure that the orders of the court are being properly executed;
to report to the court when the needs of the juvenile are not
being met; and to protect and promote the best interests of the
juvenile until formally relieved of the responsibility by the
court.
(b) The court may authorize the guardian ad litem to
accompany the juvenile to court in any criminal action wherein
the juvenile may be called on to testify in a matter relating to
abuse.
(c) The guardian ad litem has the authority to obtain any
information or reports, whether or not confidential, that may in
the guardian ad litem's opinion be relevant to the case. No
privilege other than the attorney-client privilege may be invoked
to prevent the guardian ad litem and the court from obtaining
such information. The confidentiality of the information or
reports shall be respected by the guardian ad litem, and no
disclosure of any information or reports shall be made to anyone
except by order of the court or unless otherwise provided by law.
(1979, c. 815, s. 1; 1981, c. 528; 1983, c. 761, s. 159; 1987
(Reg. Sess., 1988), c. 1090, s. 5; 1993, c. 537, s. 1; 1995, c.
324, s. 21.13; 1998-202, s. 6; 1999-432, s. 1; 1999-456, s. 60.)
§ 7B-602. Parent's right to counsel.
In cases where the juvenile petition alleges that a juvenile
is abused, neglected, or dependent, the parent has the right to
counsel and to appointed counsel in cases of indigency unless
that person waives the right. In no case may the court appoint a
county attorney, prosecutor, or public defender. (1979, c. 815,
s. 1; 1981, c. 469, s. 14; 1998-202, s. 6.)
§ 7B-603. Payment of court-appointed attorney
or guardian ad litem.
An attorney or guardian ad litem appointed pursuant to G.S.
7B-601 or G.S. 7B-602 pursuant to any other provision of the
Juvenile Code shall be paid a reasonable fee fixed by the court
in the same manner as fees for attorneys appointed in cases of
indigency or by direct engagement for specialized guardian ad
litem services through the Administrative Office of the Courts.
The court may require payment of the attorney or guardian ad
litem fee from a person other than the juvenile as provided in
G.S. 7A-450.1, 7A-450.2, and 7A-450.3. In no event shall the
parent or guardian be required to pay the fees for a court-
appointed attorney or guardian ad litem in an abuse, neglect, or
dependency proceeding unless the juvenile has been adjudicated to
be abused, neglected, or dependent, or, in a proceeding to
terminate parental rights, unless the parent's rights have been
terminated. A person who does not comply with the court's order
of payment may be punished for contempt as provided in G.S. 5A-
21. (1979, c. 815, s. 1; 1983, c. 726, ss. 2, 3; 1987 (Reg.
Sess., 1988), c. 1090, s. 6; 1991, c. 575, s. 1; 1998-202, s. 6.)
ARTICLE 7.
Discovery.
§ 7B-700. Regulation of discovery; protective
orders.
(a) Upon written motion of a party and a finding of good
cause, the court may at any time order that discovery be denied,
restricted, or deferred.
(b) The court may permit a party seeking relief under
subsection (a) of this section to submit supporting affidavits or
statements to the court for in camera inspection. If, thereafter,
the court enters an order granting relief under subsection (a) of
this section, the material submitted in camera must be available
to the Court of Appeals in the event of an appeal. (1979, c. 815,
s. 1; 1998-202, s. 6.)
ARTICLE 8.
Hearing Procedures.
§ 7B-800. Amendment of petition.
The court may permit a petition to be amended when the
amendment does not change the nature of the conditions upon which
the petition is based. (1979, c. 815, s. 1; 1998-202, s. 6.)
§ 7B-801. Hearing.
(a) At any hearing authorized or required under this
Subchapter, the court in its discretion shall determine whether
the hearing or any part of the hearing shall be closed to the
public. In determining whether to close the hearing or any part
of the hearing, the court shall consider the circumstances of the
case, including, but not limited to, the following factors:
(1) The nature of the allegations against the
juvenile's parent, guardian, custodian or caretaker;
(2) The age and maturity of the juvenile;
(3) The benefit to the juvenile of confidentiality;
(4) The benefit to the juvenile of an open hearing;
and
(5) The extent to which the confidentiality
afforded the juvenile's record pursuant to G.S. 132-1.4(l) and
G.S. 7B-2901 will be compromised by an open hearing.
(b) No hearing or part of a hearing shall be closed by the
court if the juvenile requests that it remain open.
(c) The adjudicatory hearing shall be held in the district
at such time and place as the chief district court judge shall
designate, but no later than 60 days from the filing of the
petition unless the judge pursuant to G.S. 7B-803 orders that it
be held at a later time. (1979, c. 815, s. 1; 1998-202, s. 6;
1998-229, ss. 5, 22.)
§ 7B-802. Conduct of hearing.
The adjudicatory hearing shall be a judicial process
designed to adjudicate the existence or nonexistence of any of
the conditions alleged in a petition. In the adjudicatory
hearing, the court shall protect the rights of the juvenile and
the juvenile's parent to assure due process of law. (1979, c.
815, s. 1; 1998-202, s. 6.)
§ 7B-803. Continuances.
The court may, for good cause, continue the hearing for as
long as is reasonably required to receive additional evidence,
reports, or assessments that the court has requested, or other
information needed in the best interests of the juvenile and to
allow for a reasonable time for the parties to conduct
expeditious discovery. Otherwise, continuances shall be granted
only in extraordinary circumstances when necessary for the proper
administration of justice or in the best interests of the
juvenile. (1979, c. 815, s. 1; 1987 (Reg. Sess., 1988), c. 1090,
s. 9; 1998-202, s. 6.)
§ 7B-804. Rules of evidence.
Where the juvenile is alleged to be abused, neglected, or
dependent, the rules of evidence in civil cases shall apply.
(1979, c. 815, s. 1; 1981, ch. 469, s. 17; 1998-202, s. 6.)
§ 7B-805. Quantum of proof in adjudicatory
hearing.
The allegations in a petition alleging abuse, neglect, or
dependency shall be proved by clear and convincing evidence.
(1979, c. 815, s. 1; 1998-202, s. 6.)
§ 7B-806. Record of proceedings.
All adjudicatory and dispositional hearings shall be
recorded by stenographic notes or by electronic or mechanical
means. Records shall be reduced to a written transcript only when
timely notice of appeal has been given. The court may order that
other hearings be recorded. (1979, c. 815, s. 1; 1998-202, s. 6.)
§ 7B-807. Adjudication.
If the court finds that the allegations in the petition have
been proven by clear and convincing evidence, the court shall so
state. If the court finds that the allegations have not been
proven, the court shall dismiss the petition with prejudice, and
if the juvenile is in nonsecure custody, the juvenile shall be
released to the parent, guardian, custodian, or caretaker. (1979,
c. 815, s. 1; 1998-202, s. 6.)
§ 7B-808. Predisposition investigation and
report.
The court shall proceed to the dispositional hearing upon
receipt of sufficient social, medical, psychiatric,
psychological, and educational information. No predisposition
report shall be submitted to or considered by the court prior to
the completion of the adjudicatory hearing. The court shall
permit the guardian ad litem or juvenile to inspect any
predisposition report to be considered by the court in making the
disposition unless the court determines that disclosure would
seriously harm the juvenile's treatment or would violate a
promise of confidentiality. Opportunity to offer evidence in
rebuttal shall be afforded the guardian ad litem or juvenile, and
the juvenile's parent, guardian, or custodian at the
dispositional hearing. The court may order counsel not to
disclose parts of the report to the guardian ad litem or
juvenile, or the juvenile's parent, guardian, or custodian if the
court finds that disclosure would seriously harm the treatment of
the juvenile or would violate a promise of confidentiality given
to a source of information. (1979, c. 815, s. 1; 1998-202, s. 6.)
ARTICLE 9.
Dispositions.
§ 7B-900. Purpose.
The purpose of dispositions in juvenile actions is to design
an appropriate plan to meet the needs of the juvenile and to
achieve the objectives of the State in exercising jurisdiction.
If possible, the initial approach should involve working with the
juvenile and the juvenile's family in their own home so that the
appropriate community resources may be involved in care,
supervision, and treatment according to the needs of the
juvenile. Thus, the court should arrange for appropriate
community-level services to be provided to the juvenile and the
juvenile's family in order to strengthen the home situation.
(1979, c. 815, s. 1; 1995 (Reg. Sess., 1996), c. 609, s. 1; 1998-
202, s. 6.)
§ 7B-901. Dispositional hearing.
The dispositional hearing may be informal and the court may
consider written reports or other evidence concerning the needs
of the juvenile. The juvenile and the juvenile's parent,
guardian, or custodian shall have an opportunity to present
evidence, and they may advise the court concerning the
disposition they believe to be in the best interests of the
juvenile. The court may exclude the public from the hearing
unless the juvenile moves that the hearing be open, which motion
shall be granted. (1979, c. 815, s. 1; 1981, c. 469, s. 18; 1998-
202, s. 6.)
§ 7B-902. Consent judgment in abuse, neglect,
or dependency proceeding.
Nothing in this Article precludes the court from entering a
consent order or judgment on a petition for abuse, neglect, or
dependency when all parties are present, the juvenile is
represented by counsel, and all other parties are either
represented by counsel or have waived counsel, and sufficient
findings of fact are made by the court. (1981, c. 371, s. 1; 1998-
202, s. 6.)
§ 7B-903. Dispositional alternatives for abused,
neglected, or dependent juvenile.
(a) The following alternatives for disposition shall be
available to any court exercising jurisdiction, and the court may
combine any of the applicable alternatives when the court finds
the disposition to be in the best interests of the juvenile:
(1) The court may dismiss the case or continue the
case in order to allow the parent, guardian, custodian, caretaker
or others to take appropriate action.
(2) In the case of any juvenile who needs more
adequate care or supervision or who needs placement, the court
may:
a. Require that the juvenile be supervised in
the juvenile's own home by the department of social services in
the juvenile's county, or by other personnel as may be available
to the court, subject to conditions applicable to the parent,
guardian, custodian, or caretaker as the court may specify; or
b. Place the juvenile in the custody of a
parent, relative, private agency offering placement services, or
some other suitable person; or
c. Place the juvenile in the custody of the
department of social services in the county of the juvenile's
residence, or in the case of a juvenile who has legal residence
outside the State, in the physical custody of the department of
social services in the county where the juvenile is found so that
agency may return the juvenile to the responsible authorities in
the juvenile's home state. The director may, unless otherwise
ordered by the court, arrange for, provide, or consent to, needed
routine or emergency medical or surgical care or treatment. In
the case where the parent is unknown, unavailable, or unable to
act on behalf of the juvenile, the director may, unless otherwise
ordered by the court, arrange for, provide, or consent to any
psychiatric, psychological, educational, or other remedial
evaluations or treatment for the juvenile placed by a court or
the court's designee in the custody or physical custody of a
county department of social services under the authority of this
or any other Chapter of the General Statutes. Prior to exercising
this authority, the director shall make reasonable efforts to
obtain consent from a parent or guardian of the affected
juvenile. If the director cannot obtain such consent, the
director shall promptly notify the parent or guardian that care
or treatment has been provided and shall give the parent frequent
status reports on the circumstances of the juvenile. Upon request
of a parent or guardian of the affected juvenile, the results or
records of the aforementioned evaluations, findings, or treatment
shall be made available to such parent or guardian by the
director unless prohibited by G.S. 122C-53(d). If a juvenile is
removed from the home and placed in custody or placement
responsibility of a county department of social services, the
director shall not allow unsupervised visitation with, or return
physical custody of the juvenile to, the parent, guardian,
custodian, or caretaker without a hearing at which the court
finds that the juvenile will receive proper care and supervision
in a safe home.
In placing a juvenile in out-of-home care under
this section, the court shall first consider whether a relative
of the juvenile is willing and able to provide proper care and
supervision of the juvenile in a safe home. If the court finds
that the relative is willing and able to provide proper care and
supervision in a safe home, then the court shall order placement
of the juvenile with the relative unless the court finds that the
placement is contrary to the best interests of the juvenile.
Placement of a juvenile with a relative outside of this State
must be in accordance with the Interstate Compact on the
Placement of Children.
(3) In any case, the court may order that the
juvenile be examined by a physician, psychiatrist, psychologist,
or other qualified expert as may be needed for the court to
determine the needs of the juvenile:
a. Upon completion of the examination, the
court shall conduct a hearing to determine whether the juvenile
is in need of medical, surgical, psychiatric, psychological, or
other treatment and who should pay the cost of the treatment. The
county manager, or such person who shall be designated by the
chairman of the county commissioners, of the juvenile's residence
shall be notified of the hearing, and allowed to be heard. If the
court finds the juvenile to be in need of medical, surgical,
psychiatric, psychological, or other treatment, the court shall
permit the parent or other responsible persons to arrange for
treatment. If the parent declines or is unable to make necessary
arrangements, the court may order the needed treatment, surgery,
or care, and the court may order the parent to pay the cost of
the care pursuant to G.S. 7B-904. If the court finds the parent
is unable to pay the cost of treatment, the court shall order the
county to arrange for treatment of the juvenile and to pay for
the cost of the treatment. The county department of social
services shall recommend the facility that will provide the
juvenile with treatment.
b. If the court believes, or if there is
evidence presented to the effect that the juvenile is mentally
ill or is developmentally disabled, the court shall refer the
juvenile to the area mental health, developmental disabilities,
and substance abuse services director for appropriate action. A
juvenile shall not be committed directly to a State hospital or
mental retardation center; and orders purporting to commit a
juvenile directly to a State hospital or mental retardation
center except for an examination to determine capacity to proceed
shall be void and of no effect. The area mental health,
developmental disabilities, and substance abuse director shall be
responsible for arranging an interdisciplinary evaluation of the
juvenile and mobilizing resources to meet the juvenile's needs.
If institutionalization is determined to be the best service for
the juvenile, admission shall be with the voluntary consent of
the parent or guardian. If the parent, guardian, custodian, or
caretaker refuses to consent to a mental hospital or retardation
center admission after such institutionalization is recommended
by the area mental health, developmental disabilities, and
substance abuse director, the signature and consent of the court
may be substituted for that purpose. In all cases in which a
regional mental hospital refuses admission to a juvenile referred
for admission by a court and an area mental health, developmental
disabilities, and substance abuse director or discharges a
juvenile previously admitted on court referral prior to
completion of treatment, the hospital shall submit to the court a
written report setting out the reasons for denial of admission or
discharge and setting out the juvenile's diagnosis, indications
of mental illness, indications of need for treatment, and a
statement as to the location of any facility known to have a
treatment program for the juvenile in question.
(b) When the court has found that a juvenile has suffered
physical abuse and that the individual responsible for the abuse
has a history of violent behavior against people, the court shall
consider the opinion of the mental health professional who
performed an evaluation under G.S. 7B-503(b) before returning the
juvenile to the custody of that individual. (1979, c. 815, s. 1;
1981, c. 469, s. 19; 1985, c. 589, s. 5; c. 777, s. 1; 1985 (Reg.
Sess., 1986), c. 863, s. 2; 1991, c. 636, s. 19(a); 1995 (Reg.
Sess., 1996), c. 609, s. 3; 1997-516, s. 1A; 1998-202, s. 6; 1998-
229, ss. 6, 23; 1999-318, s. 6; 1999-456, s. 60.)
§ 7B-904. Authority over parents of juvenile
adjudicated as abused, neglected, or dependent.
(a) If the court orders medical, surgical, psychiatric,
psychological, or other treatment pursuant to G.S. 7B-903, the
court may order the parent or other responsible parties to pay
the cost of the treatment or care ordered.
(b) At the dispositional hearing or a subsequent hearing in
the case of a juvenile who has been adjudicated abused,
neglected, or dependent, if the court finds that it is in the
best interests of the juvenile for the parent, guardian,
custodian, stepparent, adult member of the juvenile's household,
or adult relative entrusted with the juvenile's care to be
directly involved in the juvenile's treatment, the court may
order the parent, guardian, custodian, stepparent, adult member
of the juvenile's household, or adult relative entrusted with the
juvenile's care to participate in medical, psychiatric,
psychological, or other treatment of the juvenile. The cost of
the treatment shall be paid pursuant to G.S. 7B-903.
(c) At the dispositional hearing or a subsequent hearing in
the case of a juvenile who has been adjudicated abused,
neglected, or dependent, the court may determine whether the best
interests of the juvenile require that the parent, guardian,
custodian, stepparent, adult member of the juvenile's household,
or adult relative entrusted with the juvenile's care undergo
psychiatric, psychological, or other treatment or counseling
directed toward remediating or remedying behaviors or conditions
that led to or contributed to the juvenile's adjudication or to
the court's decision to remove custody of the juvenile from the
parent, guardian, custodian, stepparent, adult member of the
juvenile's household, or adult relative entrusted with the
juvenile's care. If the court finds that the best interests of
the juvenile require the parent, guardian, custodian, stepparent,
adult member of the juvenile's household, or adult relative
entrusted with the juvenile's care undergo treatment, it may
order that individual to comply with a plan of treatment approved
by the court or condition legal custody or physical placement of
the juvenile with the parent, guardian, custodian, stepparent,
adult member of the juvenile's household, or adult relative
entrusted with the juvenile's care upon that individual's
compliance with the plan of treatment. The court may order the
parent, guardian, custodian, stepparent, adult member of the
juvenile's household, or adult relative entrusted with the
juvenile's care to pay the cost of treatment ordered pursuant to
this subsection. In cases in which the court has conditioned
legal custody or physical placement of the juvenile with the
parent, guardian, custodian, stepparent, adult member of the
juvenile's household, or adult relative entrusted with the
juvenile's care upon compliance with a plan of treatment, the
court may charge the cost of the treatment to the county of the
juvenile's residence if the court finds the parent, guardian,
custodian, stepparent, adult member of the juvenile's household,
or adult relative entrusted with the juvenile's care is unable to
pay the cost of the treatment. In all other cases, if the court
finds the parent, guardian, custodian, stepparent, adult member
of the juvenile's household, or adult relative entrusted with the
juvenile's care is unable to pay the cost of the treatment
ordered pursuant to this subsection, the court may order that
individual to receive treatment currently available from the area
mental health program that serves the parent's catchment area.
(d) Whenever legal custody of a juvenile is vested in
someone other than the juvenile's parent, after due notice to the
parent and after a hearing, the court may order that the parent
pay a reasonable sum that will cover, in whole or in part, the
support of the juvenile after the order is entered. If the court
requires the payment of child support, the amount of the payments
shall be determined as provided in G.S. 50-13.4(c). If the court
places a juvenile in the custody of a county department of social
services and if the court finds that the parent is unable to pay
the cost of the support required by the juvenile, the cost shall
be paid by the county department of social services in whose
custody the juvenile is placed, provided the juvenile is not
receiving care in an institution owned or operated by the State
or federal government or any subdivision thereof.
(e) Failure of a parent who is personally served to
participate in or comply with this section may result in a
proceeding for civil contempt. (1979, c. 815, s. 1; 1983, c. 837,
ss. 2, 3; 1987, c. 598, s. 2; 1989, c. 218; c. 529, s. 7; 1995,
c. 328, s. 2; 1995 (Reg. Sess., 1996), c. 609, s. 4; 1997-456, s.
1; 1998-202, s. 6; 1999-318, s. 7; 1999-456, s. 60.)
§ 7B-905. Dispositional order.
(a) The dispositional order shall be in writing and shall
contain appropriate findings of fact and conclusions of law. The
court shall state with particularity, both orally and in the
written order of disposition, the precise terms of the
disposition including the kind, duration, and the person who is
responsible for carrying out the disposition and the person or
agency in whom custody is vested.
(b) A dispositional order under which a juvenile is removed
from the custody of a parent, guardian, custodian, or caretaker
shall direct that the review hearing required by G.S. 7B-906 be
held within 90 days from of the date of the dispositional hearing
and, if practicable, shall set the date and time for the review
hearing.
(c) Any dispositional order shall comply with the
requirements of G.S. 7B-507. Any dispositional order shall
provide for appropriate visitation as may be in the best
interests of the juvenile and consistent with the juvenile's
health and safety. If the juvenile is placed in the custody or
placement responsibility of a county department of social
services, the court may order the director to arrange,
facilitate, and supervise a visitation plan expressly approved by
the court. (1979, c. 815, s. 1; 1987 (Reg. Sess., 1988), c. 1090,
s. 10; 1991, c. 434, s. 1; 1997-390, s. 8; 1998-202, s. 6; 1998-
229, s. 24.)
§ 7B-906. Review of custody order.
(a) In any case where custody is removed from a parent,
guardian, custodian, or caretaker the court shall conduct a
review hearing within 90 days from the date of the dispositional
hearing and shall conduct a review hearing within six months
thereafter. The director of social services shall make a timely
request to the clerk to calendar each review at a session of
court scheduled for the hearing of juvenile matters. The clerk
shall give 15 days' notice of the review and its purpose to the
parent, the juvenile, if 12 years of age or more, the guardian,
any foster parent, relative, or preadoptive parent providing care
for the child, the custodian or agency with custody, the guardian
ad litem, and any other person or agency the court may specify,
indicating the court's impending review. Nothing in this
subsection shall be construed to make any foster parent,
relative, or preadoptive parent a party to the proceeding solely
based on receiving notice and an opportunity to be heard.
(b) Notwithstanding other provisions of this Article, the
court may waive the holding of review hearings required by
subsection (a) of this section, may require written reports to
the court by the agency or person holding custody in lieu of
review hearings, or order that review hearings be held less often
than every six months, if the court finds by clear, cogent, and
convincing evidence that:
(1) The juvenile has resided with a relative or has
been in the custody of another suitable person for a period of at
least one year;
(2) The placement is stable and continuation of the
placement is in the juvenile's best interests;
(3) Neither the juvenile's best interests nor the
rights of any party require that review hearings be held every
six months;
(4) All parties are aware that the matter may be
brought before the court for review at any time by the filing of
a motion for review or on the court's own motion; and
(5) The court order has designated the relative or
other suitable person as the juvenile's permanent caretaker or
guardian of the person.
The court may not waive or refuse to conduct a
review hearing if a party files a motion seeking the review.
(c) At every review hearing, the court shall consider
information from the parent, the juvenile, the guardian, any
foster parent, relative, or preadoptive parent providing care for
the child, the custodian or agency with custody, the guardian ad
litem, and any other person or agency which will aid in its
review.
In each case the court shall consider the following criteria
and make written findings regarding those that are relevant:
(1) Services which have been offered to reunite the
family, or whether efforts to reunite the family clearly would be
futile or inconsistent with the juvenile's safety and need for a
safe, permanent home within a reasonable period of time.
(2) Where the juvenile's return home is unlikely,
the efforts which have been made to evaluate or plan for other
methods of care.
(3) Goals of the foster care placement and the
appropriateness of the foster care plan.
(4) A new foster care plan, if continuation of care
is sought, that addresses the role the current foster parent will
play in the planning for the juvenile.
(5) Reports on the placements the juvenile has had
and any services offered to the juvenile and the parent,
guardian, custodian, or caretaker.
(6) An appropriate visitation plan.
(7) If the juvenile is 16 or 17 years of age, a
report on an independent living assessment of the juvenile and,
if appropriate, an independent living plan developed for the
juvenile.
(8) When and if termination of parental rights
should be considered.
(9) Any other criteria the court deems necessary.
(d) The court, after making findings of fact, may appoint a
guardian of the person for the juvenile pursuant to G.S. 7B-600
or may make any disposition authorized by G.S. 7B-903, including
the authority to place the juvenile in the custody of either
parent or any relative found by the court to be suitable and
found by the court to be in the best interests of the juvenile.
The court may enter an order continuing the placement under
review or providing for a different placement as is deemed to be
in the best interests of the juvenile. If at any time custody is
restored to a parent, guardian, custodian, or caretaker the court
shall be relieved of the duty to conduct periodic judicial
reviews of the placement.
(e) Reserved.
(f) The provisions of G.S. 7B-507 shall apply to any order
entered under this section. (1979, c. 815, s. 1; 1987, c. 810;
1987 (Reg. Sess., 1988), c. 1090, s. 11; 1989, c. 152, s. 1; 1997-
390, s. 9; 1998-202, s. 6; 1998-229, ss. 8, 25.)
§ 7B-907. Permanency planning hearing.
(a) In any case where custody is removed from a parent,
guardian, custodian, or caretaker, the judge shall conduct a
review hearing designated as a permanency planning hearing within
12 months after the date of the initial order removing custody,
and the hearing may be combined, if appropriate, with a review
hearing required by G.S. 7B-906. The purpose of the permanency
planning hearing shall be to develop a plan to achieve a safe,
permanent home for the juvenile within a reasonable period of
time. Subsequent permanency planning hearings shall be held at
least every six months thereafter, or earlier as set by the
court, to review the progress made in finalizing the permanent
plan for the juvenile, or if necessary, to make a new permanent
plan for the juvenile. The Director of Social Services shall make
a timely request to the clerk to calendar each permanency
planning hearing at a session of court scheduled for the hearing
of juvenile matters. The clerk shall give 15 days' notice of the
hearing and its purpose to the parent, the juvenile if 12 years
of age or more, the guardian, any foster parent, relative, or
preadoptive parent providing care for the child, the custodian or
agency with custody, the guardian ad litem, and any other person
or agency the court may specify, indicating the court's impending
review. Nothing in this provision shall be construed to make any
foster parent, relative, or preadoptive parent a party to the
proceeding solely based on receiving notice and an opportunity to
be heard.
(b) At any permanency planning review, the court shall
consider information from the parent, the juvenile, the guardian,
any foster parent, relative or preadoptive parent providing care
for the child, the custodian or agency with custody, the guardian
ad litem, and any other person or agency which will aid it in the
court's review. At the conclusion of the hearing, if the juvenile
is not returned home, the court shall consider the following
criteria and make written findings regarding those that are
relevant:
(1) Whether it is possible for the juvenile to be
returned home immediately or within the next six months, and if
not, why it is not in the juvenile's best interests to return
home;
(2) Where the juvenile's return home is unlikely
within six months, whether legal guardianship or custody with a
relative or some other suitable person should be established, and
if so, the rights and responsibilities which should remain with
the parents;
(3) Where the juvenile's return home is unlikely
within six months, whether adoption should be pursued and if so,
any barriers to the juvenile's adoption;
(4) Where the juvenile's return home is unlikely
within six months, whether the juvenile should remain in the
current placement or be placed in another permanent living
arrangement and why;
(5) Whether the county department of social
services has since the initial permanency plan hearing made
reasonable efforts to implement the permanent plan for the
juvenile;
(6) Any other criteria the court deems necessary.
(c) At the conclusion of the hearing, the judge shall make
specific findings as to the best plan of care to achieve a safe,
permanent home for the juvenile within a reasonable period of
time. The judge may appoint a guardian of the person for the
juvenile pursuant to G.S. 7B-600 or make any disposition
authorized by G.S. 7B-903 including the authority to place the
child in the custody of either parent or any relative found by
the court to be suitable and found by the court to be in the best
interest of the juvenile. If the juvenile is not returned home,
the court shall enter an order consistent with its findings that
directs the department of social services to make reasonable
efforts to place the juvenile in a timely manner in accordance
with the permanent plan, to complete whatever steps are necessary
to finalize the permanent placement of the juvenile, and to
document such steps in the juvenile's case plan. If at any time
custody is restored to a parent, or findings are made in
accordance with G.S. 7B-906(b), the court shall be relieved of
the duty to conduct periodic judicial reviews of the placement.
If the court continues the juvenile's placement in the
custody or placement responsibility of a county department of
social services, the provisions of G.S. 7B-507 shall apply to any
order entered under this section.
(d) In the case of a juvenile who is in the custody or
placement responsibility of a county department of social
services, and has been in placement outside the home for 15 of
the most recent 22 months; or a court of competent jurisdiction
has determined that the parent has abandoned the child; or has
committed murder or voluntary manslaughter of another child of
the parent; or has aided, abetted, attempted, conspired, or
solicited to commit murder or voluntary manslaughter of the child
or another child of the parent, the court shall order the
director of the department of social services to initiate a
proceeding to terminate the parental rights of the parent unless
the court finds:
(1) The permanent plan for the juvenile is
guardianship or custody with a relative or some other suitable
person;
(2) The court makes specific findings why the
filing of a petition for termination of parental rights is not in
the best interests of the child; or
(3) The department of social services has not
provided the juvenile's family with such services as the
department deems necessary, when reasonable efforts are still
required to enable the juvenile's return to a safe home.
(e) If a proceeding to terminate the parental rights of the
juvenile's parents is necessary in order to perfect the permanent
plan for the juvenile, the director of the department of social
services shall file a petition to terminate parental rights
within 60 calendar days from the date of the permanency planning
hearing unless the court makes written findings why the petition
cannot be filed within 60 days. If the court makes findings to
the contrary, the court shall specify the time frame in which any
needed petition to terminate parental rights shall be filed.
(1998-229, ss. 8.1, 25.1.)
§ 7B-908. Posttermination of parental rights'
placement court review.
(a) The purpose of each placement review is to ensure that
every reasonable effort is being made to provide for a permanent
placement plan for the juvenile who has been placed in the
custody of a county director or licensed child-placing agency,
which is consistent with the juvenile's best interests. At each
review hearing the court may consider information from the
department of social services, the licensed child-placing agency,
the guardian ad litem, the child, any foster parent, relative, or
preadoptive parent providing care for the child, and any other
person or agency the court determines is likely to aid in the
review.
(b) The court shall conduct a placement review not later
than six months from the date of the termination hearing when
parental rights have been terminated by a petition brought by any
person or agency designated in G.S. 7B-1103(2) through (5) and a
county director or licensed child-placing agency has custody of
the juvenile. The court shall conduct reviews every six months
thereafter until the juvenile is placed for adoption and the
adoption petition is filed by the adoptive parents:
(1) No more than 30 days and no less than 15 days
prior to each review, the clerk shall give notice of the review
to the juvenile if the juvenile is at least 12 years of age, the
legal custodian of the juvenile, any foster parent, relative, or
preadoptive parent providing care for the juvenile, the guardian
ad litem, if any, and any other person or agency the court may
specify. Only the juvenile, if the juvenile is at least 12 years
of age, the legal custodian of the juvenile, any foster parent,
relative, or preadoptive parent providing care for the juvenile,
and the guardian ad litem shall attend the review hearings,
except as otherwise directed by the court. Nothing in this
subdivision shall be construed to make any foster parent,
relative, or preadoptive parent a party to the proceeding solely
based on receiving notice and an opportunity to be heard.
(2) If a guardian ad litem for the juvenile has not
been appointed previously by the court in the termination
proceeding, the court, at the initial six-month review hearing,
may appoint a guardian ad litem to represent the juvenile. The
court may continue the case for such time as is necessary for the
guardian ad litem to become familiar with the facts of the case.
(c) The court shall consider at least the following in its
review:
(1) The adequacy of the plan developed by the
county department of social services or a licensed child-placing
agency for a permanent placement relative to the juvenile's best
interests and the efforts of the department or agency to
implement such plan;
(2) Whether the juvenile has been listed for
adoptive placement with the North Carolina Adoption Resource
Exchange, the North Carolina Photo Adoption Listing Service
(PALS), or any other specialized adoption agency; and
(3) The efforts previously made by the department
or agency to find a permanent home for the juvenile.
(d) The court, after making findings of fact, shall affirm
the county department's or child-placing agency's plans or
require specific additional steps which are necessary to
accomplish a permanent placement which is in the best interests
of the juvenile.
(e) If the juvenile has been placed for adoption prior to
the date scheduled for the review, written notice of said
placement shall be given to the clerk to be placed in the court
file, and the review hearing shall be cancelled with notice of
said cancellation given by the clerk to all persons previously
notified.
(f) The process of selection of specific adoptive parents
shall be the responsibility of and within the discretion of the
county department of social services or licensed child-placing
agency. The guardian ad litem may request information from and
consult with the county department or child-placing agency
concerning the selection process. If the guardian ad litem
requests information about the selection process, the county
shall provide the information within five days. Any issue of
abuse of discretion by the county department or child-placing
agency in the selection process must be raised by the guardian ad
litem within 10 days following the date the agency notifies the
court and the guardian ad litem in writing of the filing of the
adoption petition. (1983, c. 607, s. 1; 1993, c. 537, s. 2; 1998-
202, s. 6; 1998-229, ss. 8.1, 9, 26.)
§ 7B-909. Review of agency's plan for
placement.
(a) The director of social services or the director of the
licensed private child-placing agency shall promptly notify the
clerk to calendar the case for review of the department's or
agency's plan for the juvenile at a session of court scheduled
for the hearing of juvenile matters in any case where:
(1) One parent has surrendered a juvenile for
adoption under the provisions of Part 7 of Article 3 of Chapter
48 of the General Statutes and the termination of parental rights
proceedings have not been instituted against the nonsurrendering
parent within six months of the surrender by the other parent, or
(2) Both parents have surrendered a juvenile for
adoption under the provisions of Part 7 of Article 3 of Chapter
48 of the General Statutes and that juvenile has not been placed
for adoption within six months from the date of the more recent
parental surrender.
(b) In any case where an adoption is dismissed or withdrawn
and the juvenile returns to foster care with a department of
social services or a licensed private child-placing agency, then
the department of social services or licensed child-placing
agency shall notify the clerk, within 30 days from the date the
juvenile returns to care, to calendar the case for review of the
agency's plan for the juvenile at a session of court scheduled
for the hearing of juvenile matters.
(c) Notification of the court required under subsection (a)
or (b) of this section shall be by a petition for review. The
petition shall set forth the circumstances necessitating the
review under subsection (a) or (b) of this section. The review
shall be conducted within 30 days following the filing of the
petition for review unless the court shall otherwise direct. The
court shall conduct reviews every six months until the juvenile
is placed for adoption and the adoption petition is filed by the
adoptive parents. The initial review and all subsequent reviews
shall be conducted pursuant to G.S. 7B-908. (1983, c. 607, s. 2;
1993, c. 537, s. 4; 1995, c. 457, s. 6; 1998-202, s. 6; 1998-229,
s. 9.)
§ 7B-910. Review of voluntary foster care
placements.
(a) The court shall review the placement of any juvenile in
foster care made pursuant to a voluntary agreement between the
juvenile's parents or guardian and a county department of social
services and shall make findings from evidence presented at a
review hearing with regard to:
(1) The voluntariness of the placement;
(2) The appropriateness of the placement;
(3) Whether the placement is in the best interests
of the juvenile; and
(4) The services that have been or should be
provided to the parents, guardian, foster parents, and juvenile,
as the case may be, either (i) to improve the placement or (ii)
to eliminate the need for the placement.
(b) The court may approve the continued placement of the
juvenile in foster care on a voluntary agreement basis,
disapprove the continuation of the voluntary placement, or direct
the department of social services to petition the court for legal
custody if the placement is to continue.
(c) An initial review hearing shall be held not more than
180 days after the juvenile's placement and shall be calendared
by the clerk for hearing within such period upon timely request
by the director of social services. Additional review hearings
shall be held at such times as the court shall deem appropriate
and shall direct, either upon its own motion or upon written
request of the parents, guardian, foster parents, or director of
social services. A juvenile placed under a voluntary agreement
between the juvenile's parent or guardian and the county
department of social services shall not remain in placement more
than 12 months without the filing of a petition alleging abuse,
neglect, or dependency.
(d) The clerk shall give at least 15 days" advance written
notice of the initial and subsequent review hearings to the
parents or guardian of the juvenile, to the juvenile if 12 or
more years of age, to the director of social services, and to any
other persons whom the court may specify. (1983, c. 607, s. 2;
1993, c. 537, s. 3; 1998-202, s. 6.)
ARTICLE 10.
Modification and Enforcement of Dispositional Orders; Appeals.
§ 7B-1000. Authority to modify or vacate.
(a) Upon motion in the cause or petition, and after notice,
the court may conduct a review hearing to determine whether the
order of the court is in the best interests of the juvenile, and
the court may modify or vacate the order in light of changes in
circumstances or the needs of the juvenile.
(b) In any case where the court finds the juvenile to be
abused, neglected, or dependent, the jurisdiction of the court to
modify any order or disposition made in the case shall continue
during the minority of the juvenile, until terminated by order of
the court, or until the juvenile is otherwise emancipated. (1979,
c. 815, s. 1; 1998-202, s. 6.)
§ 7B-1001. Right to appeal.
Upon motion of a proper party as defined in G.S. 7B-1002,
review of any final order of the court in a juvenile matter under
this Article shall be before the Court of Appeals. Notice of
appeal shall be given in open court at the time of the hearing or
in writing within 10 days after entry of the order. However, if
no disposition is made within 60 days after entry of the order,
written notice of appeal may be given within 70 days after such
entry. A final order shall include:
(1) Any order finding absence of jurisdiction;
(2) Any order which in effect determines the action
and prevents a judgment from which appeal might be taken;
(3) Any order of disposition after an adjudication
that a juvenile is abused, neglected, or dependent; or
(4) Any order modifying custodial rights. (1979, c.
815, s. 1; 1998-202, s. 6.)
§ 7B-1002. Proper parties for appeal.
An appeal may be taken by the guardian ad litem or juvenile,
the juvenile's parent, guardian, or custodian, the State or
county agency. (1979, c. 815, s. 1; 1998-202, s. 6.)
§ 7B-1003. Disposition pending appeal.
Pending disposition of an appeal, the return of the juvenile
to the custody of the parent or guardian of the juvenile, with or
without conditions, should issue in every case unless the court
orders otherwise. When the court has found that a juvenile has
suffered physical abuse and that the individual responsible for
the abuse has a history of violent behavior, the court shall
consider the opinion of the mental health professional who
performed the evaluation under G.S. 7B-503(b) before returning
the juvenile to the custody of that individual. For compelling
reasons which must be stated in writing, the court may enter a
temporary order affecting the custody or placement of the
juvenile as the court finds to be in the best interests of the
juvenile or the State. The provisions of subsections (b), (c),
and (d) of G.S. 7B-905 shall apply to any order entered under
this section which provides for the placement or continued
placement of a juvenile in foster care. (1979, c. 815, s. 1; 1987
(Reg. Sess., 1988), c. 1090, s. 12; 1998-202, s. 6; 1999-318, s.
8; 1999-456, s. 60.)
§ 7B-1004. Disposition after appeal.
Upon the affirmation of the order of adjudication or
disposition of the court by the Court of Appeals or by the
Supreme Court in the event of an appeal, the court shall have
authority to modify or alter the original order of adjudication
or disposition as the court finds to be in the best interests of
the juvenile to reflect any adjustment made by the juvenile or
change in circumstances during the period of time the appeal was
pending. If the modifying order is entered ex parte, the court
shall give notice to interested parties to show cause within 10
days thereafter as to why the modifying order should be vacated
or altered. (1979, c. 815, s. 1; 1998-202, s. 6.)
ARTICLE 11.
Termination of Parental Rights.
§ 7B-1100. Legislative intent; construction of
Article.
The General Assembly hereby declares as a matter of
legislative policy with respect to termination of parental
rights:
(1) The general purpose of this Article is to
provide judicial procedures for terminating the legal
relationship between a juvenile and the juvenile's biological or
legal parents when the parents have demonstrated that they will
not provide the degree of care which promotes the healthy and
orderly physical and emotional well-being of the juvenile.
(2) It is the further purpose of this Article to
recognize the necessity for any juvenile to have a permanent plan
of care at the earliest possible age, while at the same time
recognizing the need to protect all juveniles from the
unnecessary severance of a relationship with biological or legal
parents.
(3) Action which is in the best interests of the
juvenile should be taken in all cases where the interests of the
juvenile and those of the juvenile's parents or other persons are
in conflict.
(4) This Article shall not be used to circumvent
the provisions of Chapter 50A of the General Statutes, the
Uniform Child-Custody Jurisdiction and Enforcement Act. (1977, c.
879, s. 8; 1979, c. 110, s. 6; 1998-202, s. 6; 1999-223, s. 5;
1999-456, s. 60.)
§ 7B-1101. Jurisdiction.
The court shall have exclusive original jurisdiction to hear
and determine any petition relating to termination of parental
rights to any juvenile who resides in, is found in, or is in the
legal or actual custody of a county department of social services
or licensed child-placing agency in the district at the time of
filing of the petition. The court shall have jurisdiction to
terminate the parental rights of any parent irrespective of the
age of the parent. The parent has the right to counsel and to
appointed counsel in cases of indigency unless the parent waives
the right. The fees of appointed counsel shall be borne by the
Administrative Office of the Courts. In addition to the right to
appointed counsel set forth above, a guardian ad litem shall be
appointed in accordance with the provisions of G.S. 1A-1, Rule
17, to represent a parent in the following cases:
(1) Where it is alleged that a parent's rights
should be terminated pursuant to G.S. 7B-1111(6); or
(2) Where the parent is under the age of 18 years.
The fees of the guardian ad litem shall be borne by the
Administrative Office of the Courts when the court finds that the
respondent is indigent. In other cases the fees of the court-
appointed guardian ad litem shall be a proper charge against the
respondent if the respondent does not secure private legal
counsel. Provided, that before exercising jurisdiction under this
Article, the court shall find that it would have jurisdiction to
make a child-custody determination under the provisions of G.S.
50A-201, 50A-203, or 50A-204. Provided, further, that the clerk
of superior court shall have jurisdiction for adoptions under the
provisions of G.S. 48-2-100 and Chapter 48 of the General
Statutes generally. (1977, c. 879, s. 8; 1979, c. 110, s. 7;
1979, 2nd Sess., c. 1206, s. 1; 1981, c. 996, s. 1; 1983, c. 89,
s. 1; 1995, c. 457, s. 3; 1998-202, s. 6; 1999-223, s. 6; 1999-
456, s. 60.)
§ 7B-1102. Pending child abuse, neglect, or
dependency hearings.
When a juvenile is currently within the jurisdiction of the
district court based upon an abuse, neglect, or dependency
proceeding, a petition for termination of parental rights to that
juvenile may be filed as a motion in the cause in the abuse,
neglect, or dependency proceeding. Any parent of that juvenile
who was previously served in the abuse, neglect, or dependency
proceeding in accordance with G.S. 7B-407 shall be served with
the petition to terminate parental rights in accordances with
G.S. 1A-1, Rule 5. (1998-229, ss. 9.1, 26.1.)
§ 7B-1103. Who may petition.
A petition to terminate the parental rights of either or
both parents to his, her, or their minor juvenile may only be
filed by:
(1) Either parent seeking termination of the right
of the other parent; or
(2) Any person who has been judicially appointed as
the guardian of the person of the juvenile; or
(3) Any county department of social services,
consolidated county human services agency, or licensed child-
placing agency to whom custody of the juvenile has been given by
a court of competent jurisdiction; or
(4) Any county department of social services,
consolidated county human services agency, or licensed child-
placing agency to which the juvenile has been surrendered for
adoption by one of the parents or by the guardian of the person
of the juvenile, pursuant to G.S. 48-3-701; or
(5) Any person with whom the juvenile has resided
for a continuous period of two years or more next preceding the
filing of the petition; or
(6) Any guardian ad litem appointed to represent
the minor juvenile pursuant to G.S. 7B-601 who has not been
relieved of this responsibility and who has served in this
capacity for at least one continuous year; or
(7) Any person who has filed a petition for
adoption pursuant to Chapter 48 of the General Statutes. (1977,
c. 879, s. 8; 1983, c. 870, s. 1; 1985, c. 758, s. 1; 1987, c.
371, s. 2; 1995 (Reg. Sess., 1996), c. 690, s. 4; 1998-202, s. 6;
1998-229, s. 9.1.)
§ 7B-1104. Petition.
The petition shall be verified by the petitioner and shall
be entitled "In Re (last name of juvenile)", a minor juvenile;
and shall set forth such of the following facts as are known; and
with respect to the facts which are unknown the petitioner shall
so state:
(1) The name of the juvenile as it appears on the
juvenile's birth certificate, the date and place of birth, and
the county where the juvenile is presently residing.
(2) The name and address of the petitioner and
facts sufficient to identify the petitioner as one entitled to
petition under G.S. 7B-1103.
(3) The name and address of the parents of the
juvenile. If the name or address of one or both parents is
unknown to the petitioner, the petitioner shall set forth with
particularity the petitioner's efforts to ascertain the identity
or whereabouts of the parent or parents. The information may be
contained in an affidavit attached to the petition and
incorporated therein by reference.
(4) The name and address of any person appointed as
guardian of the person of the juvenile pursuant to the provisions
of Chapter 35A of the General Statutes, or of G.S. 7B-600.
(5) The name and address of any person or agency to
whom custody of the juvenile has been given by a court of this or
any other state; and a copy of the custody order shall be
attached to the petition.
(6) Facts that are sufficient to warrant a
determination that one or more of the grounds for terminating
parental rights exist.
(7) That the petition has not been filed to
circumvent the provisions of Article 2 of Chapter 50A of the
General Statutes, the Uniform Child-Custody Jurisdiction and
Enforcement Act. (1977, c. 879, s. 8; 1979, c. 110, s. 8; 1981,
c. 469, s. 23; 1987, c. 550, s. 15; 1998-202, s. 6; 1999-223, s.
7; 1999-456, s. 60.)
§ 7B-1105. Preliminary hearing; unknown
parent.
(a) If either the name or identity of any parent whose
parental rights the petitioner seeks to terminate is not known to
the petitioner, the court shall, within 10 days from the date of
filing of the petition, or during the next term of court in the
county where the petition is filed if there is no court in the
county in that 10-day period, conduct a preliminary hearing to
ascertain the name or identity of such parent.
(b) The court may, in its discretion, inquire of any known
parent of the juvenile concerning the identity of the unknown
parent and may appoint a guardian ad litem for the unknown parent
to conduct a diligent search for the parent. Should the court
ascertain the name or identity of the parent, it shall enter a
finding to that effect; and the parent shall be summoned to
appear in accordance with G.S. 7B-1106.
(c) Notice of the preliminary hearing need be given only to
the petitioner who shall appear at the hearing, but the court may
cause summons to be issued to any person directing the person to
appear and testify.
(d) If the court is unable to ascertain the name or
identity of the unknown parent, the court shall order publication
of notice of the termination proceeding and shall specifically
order the place or places of publication and the contents of the
notice which the court concludes is most likely to identify the
juvenile to such unknown parent. The notice shall be published in
a newspaper qualified for legal advertising in accordance with
G.S. 1-597 and G.S. 1-598 and published in the counties directed
by the court, once a week for three successive weeks. Provided,
further, the notice shall:
(1) Designate the court in which the petition is
pending;
(2) Be directed to "the father (mother) (father and
mother) of a male (female) juvenile born on or
about................................................. in
(date)
County, ,
(city)
, respondent;"
(State)
(3) Designate the docket number and title of the
case (the court may direct the actual name of the title be
eliminated and the words "In Re Doe" substituted therefor);
(4) State that a petition seeking to terminate the
parental rights of the respondent has been filed;
(5) Direct the respondent to answer the petition
within 30 days after a date stated in the notice, exclusive of
such date, which date so stated shall be the date of first
publication of notice and be substantially in the form as set
forth in G.S. 1A-1, Rule 4(j1); and
(6) State that the respondent's parental rights to
the juvenile will be terminated upon failure to answer the
petition within the time prescribed.
Upon completion of the service, an affidavit of the
publisher shall be filed with the court.
(e) The court shall issue the order required by subsections
(b) and (d) of this section within 30 days from the date of the
preliminary hearing unless the court shall determine that
additional time for investigation is required.
(f) Upon the failure of the parent served by publication
pursuant to subsection (d) of this section to answer the petition
within the time prescribed, the court shall issue an order
terminating all parental rights of the unknown parent. (1977, c.
879, s. 8; 1987, c. 282, s. 1; 1998-202, s. 6.)
§ 7B-1106. Issuance of summons.
(a) Except as provided in G.S. 7B-1105, upon the filing of
the petition, the court shall cause a summons to be issued. The
summons shall be directed to the following persons or agency, not
otherwise a party petitioner, who shall be named as respondents:
(1) The parents of the juvenile;
(2) Any person who has been judicially appointed as
guardian of the person of the juvenile;
(3) The custodian of the juvenile appointed by a
court of competent jurisdiction;
(4) Any county department of social services or
licensed child-placing agency to whom a juvenile has been
released by one parent pursuant to Part 7 of Article 3 of Chapter
48 of the General Statutes or any county department of social
services to whom placement responsibility for the child has been
given by a court of competent jurisdiction; and
(5) The juvenile, if the juvenile is 12 years of
age or older at the time the petition is filed.
Provid