North Carolina General Statutes 7B-1104. Petition or motion
The petition, or motion pursuant to N.C. Gen. Stat. § 7B-1102, shall be verified by the petitioner or movant and shall be entitled “In Re (last name of juvenile), a minor juvenile”, who shall be a party to the action, and shall set forth such of the following facts as are known; and with respect to the facts which are unknown the petitioner or movant 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.
Terms Used In North Carolina General Statutes 7B-1104
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- 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.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) The name and address of the petitioner or movant and facts sufficient to identify the petitioner or movant as one authorized by N.C. Gen. Stat. § 7B-1103 to file a petition or motion.
(3) (See Editor’s note) 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 or movant, the petitioner or movant shall set forth with particularity the petitioner’s or movant’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 or motion and incorporated therein by reference. A person whose actions resulted in a conviction under N.C. Gen. Stat. § 14-27.21, 14-27.22, 14-27.23, or 14-27.24 and the conception of the juvenile need not be named in the petition.
(4) The name and address of any person who has been judicially appointed as guardian of the person of the juvenile.
(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 or motion.
(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 or motion has not been filed to circumvent the provisions of Article 2 of Chapter 50A of the N.C. Gen. Stat., 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; 2000-183, s. 5; 2004-128, s. 14; 2009-38, s. 2; 2015-181, s. 24; 2015-264, s. 33(c).)