North Carolina General Statutes 7B-1106.1. Notice in pending child abuse, neglect, or dependency cases
(a) Upon the filing of a motion pursuant to N.C. Gen. Stat. § 7B-1102, the movant shall prepare a notice directed to each of the following persons or agency, not otherwise a movant:
(1) The parents of the juvenile. However, notice does not need to be directed to or served upon any parent who, under Chapter 48 of the N.C. Gen. Stat., has irrevocably relinquished the juvenile to a county department of social services or licensed child-placing agency or to any parent who has consented to the adoption of the juvenile by the movant.
Terms Used In North Carolina General Statutes 7B-1106.1
- 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.
(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 N.C. Gen. Stat. or any county department of social services to whom placement responsibility for the juvenile has been given by a court of competent jurisdiction.
(5) The juvenile’s guardian ad litem or attorney advocate, if one has been appointed pursuant to N.C. Gen. Stat. § 7B-601 and has not been relieved of responsibility.
(6) Repealed by Session Laws 2009-38, s. 4, effective May 27, 2009.
The notice shall notify the person or agency to whom it is directed to file a written response within 30 days after service of the motion and notice. Service of the motion and notice shall be completed as provided under N.C. Gen. Stat. § 7B-1102(b).
(b) The notice required by subsection (a) of this section shall include all of the following:
(1) The name of the minor juvenile.
(2) Notice that a written response to the motion must be filed with the clerk within 30 days after service of the motion and notice, or the parent’s rights may be terminated.
(3) Notice that any counsel appointed previously and still representing the parent in an abuse, neglect, or dependency proceeding will continue to represent the parents unless otherwise ordered by the court.
(4) Notice that if the parent is indigent, the parent is entitled to appointed counsel and if the parent is not already represented by appointed counsel the parent may contact the clerk immediately to request counsel.
(5) Notice that the date, time, and place of any pretrial hearing pursuant to N.C. Gen. Stat. § 7B-1108.1 and the hearing on the motion will be mailed by the moving party upon filing of the response or 30 days from the date of service if no response is filed.
(6) Notice of the purpose of the hearing and notice that the parents may attend the termination hearing.
(c) If a county department of social services, not otherwise a movant, is served with a motion seeking termination of a parent’s rights, the director shall file a written response and shall be deemed a party to the proceeding. (2000-183, s. 6; 2009-38, s. 4; 2009-311, s. 11.)