State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-1001

§ 7B‑1001.  Right toappeal.

(a)        In a juvenilematter under this Subchapter, appeal of a final order of the court in ajuvenile matter shall be made directly to the Court of Appeals. Only thefollowing juvenile matters may be appealed:

(1)        Any order findingabsence of jurisdiction.

(2)        Any order, includingthe involuntary dismissal of a petition, which in effect determines the actionand prevents a judgment from which appeal might be taken.

(3)        Any initial order ofdisposition and the adjudication order upon which it is based.

(4)        Any order, otherthan a nonsecure custody order, that changes legal custody of a juvenile.

(5)        An order enteredunder G.S. 7B‑507(c) with rights to appeal properly preserved as providedin that subsection, as follows:

a.         The Court of Appealsshall review the order to cease reunification together with an appeal of thetermination of parental rights order if all of the following apply:

1.         A motion or petitionto terminate the parent's rights is heard and granted.

2.         The order terminatingparental rights is appealed in a proper and timely manner.

3.         The order to ceasereunification is assigned as an error in the record on appeal of thetermination of parental rights.

b.         A party who is aparent shall have the right to appeal the order if no termination of parentalrights petition or motion is filed within 180 days of the order.

c.         A party who is acustodian or guardian shall have the right to immediately appeal the order.

(6)        Any order thatterminates parental rights or denies a petition or motion to terminate parentalrights.

(b)        Except for orderscovered in subdivision (a)(5) of this section, notice of appeal shall be givenin writing by a proper party as defined in G.S. 7B‑1002 and shall be madewithin 30 days after entry and service of the order in accordance with G.S. 1A‑1,Rule 58. Notice of appeal for orders covered in subdivision (a)(5) of thissection shall be given in writing by a proper party as defined in G.S. 7B‑1002.

(c)        Notice of appealshall be signed by counsel for the appealing party, if any, and shall be takenonly by following direct instruction of the appealing party after theconclusion of the proceeding. In the case of an appeal by a juvenile, notice ofappeal 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.)