North Carolina General Statutes 7B-1001. Right to appeal
(a) In a juvenile matter under this Subchapter, only the following final orders may be appealed directly to the Court of Appeals:
(1) Any order finding absence of jurisdiction.
Terms Used In North Carolina General Statutes 7B-1001
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(2) Any order, including the involuntary dismissal of a petition, which in effect determines the action and prevents a judgment from which appeal might be taken.
(3) Any initial order of disposition and the adjudication order upon which it is based.
(4) Any order, other than a nonsecure custody order, that changes legal custody of a juvenile.
(5) An order under N.C. Gen. Stat. § 7B-906.2(b) eliminating reunification, as defined by N.C. Gen. Stat. § 7B-101(18c), as a permanent plan by either of the following:
a. A parent who is a party and:
1. Has preserved the right to appeal the order in writing within 30 days after entry and service of the order.
2. A termination of parental rights petition or motion has not been filed within 65 days of entry and service of the order.
3. A notice of appeal of the order eliminating reunification is filed within 30 days after the expiration of the 65 days.
b. A party who is a guardian or custodian with whom reunification is not a permanent plan.
(6) Repealed by Session Laws 2017-41, s. 8(a), and Session Laws 2017-102, s. 40(f), effective January 1, 2019, and applicable to appeals filed on or after that date.
(7) Any order that terminates parental rights or denies a petition or motion to terminate parental rights.
(8) An order eliminating reunification as a permanent plan under N.C. Gen. Stat. § 7B-906.2(b), if all of the following conditions are satisfied:
a. The right to appeal the order eliminating reunification has been preserved in writing within 30 days of entry and service of the order.
b. A motion or petition to terminate the parent’s rights is filed within 65 days of entry and service of the order eliminating reunification and both of the following occur:
1. The motion or petition to terminate rights is heard and granted.
2. The order terminating parental rights is appealed in a proper and timely manner.
c. A separate notice of appeal of the order eliminating reunification is filed within 30 days after entry and service of a termination of parental rights order.
(a1) Repealed by Session Laws 2021-18, s. 2, effective July 1, 2021, and applicable to appeals filed on or after that date.
(a2) In an appeal filed pursuant to subdivision (a)(8) of this section, the Court of Appeals shall review the order eliminating reunification together with an appeal of the order terminating parental rights. If the order eliminating reunification is vacated or reversed, the order terminating parental rights shall be vacated.
(b) Notice of appeal and notice to preserve the right to appeal shall be given in writing by a proper party as defined in N.C. Gen. Stat. § 7B-1002 and shall be made within 30 days after entry and service of the order in accordance with N.C. Gen. Stat. § 1A-1, Rule 58.
(c) Notice of appeal shall be signed by both the appealing party and counsel for the appealing party, if any. In the case of an appeal by a juvenile, notice of appeal shall be signed by the guardian ad litem attorney advocate. (1979, c. 815, s. 1; 1998-202, s. 6; 1999-456, s. 60; 2001-208, s. 25; 2001-487, s. 101; 2005-398, s. 10; 2011-295, s. 11; 2013-129, s. 31; 2015-136, s. 16; 2017-7, s. 4; 2017-41, s. 8(a); 2017-102, s. 40(f); 2019-33, s. 14(a); 2021-18, s. 2; 2021-100, s. 1(b); 2021-132, s. 1(b).)