State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-1003

§ 7B‑1003.  Dispositionpending appeal.

(a)        During an appeal ofan order entered under this Subchapter, the trial court may enforce the orderunless the trial court or an appellate court orders a stay.

(b)        Pending dispositionof an appeal, unless directed otherwise by an appellate court or subsection (c)of this section applies, the trial court shall:

(1)        Continue to exercisejurisdiction and conduct hearings under this Subchapter with the exception ofArticle 11 of the General Statutes; and

(2)        Enter ordersaffecting the custody or placement of the juvenile as the court finds to be inthe best interests of the juvenile.

(c)        Pending dispositionof an appeal of an order entered under Article 11 of this Chapter where thepetition for termination of parental rights was not filed as a motion in ajuvenile matter initiated under Article 4 of this Chapter, the court may entera temporary order affecting the custody or placement of the juvenile as thecourt finds to be in the best interests of the juvenile. Upon the affirmationof the order of adjudication or disposition of the court in a juvenile case bythe Court of Appeals, or by the Supreme Court in the event of an appeal, thecourt shall have authority to modify or alter its original order ofadjudication or disposition as the court finds to be in the best interests ofthe juvenile to reflect any adjustment made by the juvenile or change incircumstances during the period of time the case on appeal was pending,provided that if the modifying order be entered ex parte, the court shall givenotice to interested parties to show cause, if there be any, within 10 daysthereafter, as to why the modifying order should be vacated or altered.

(d)        When the court hasfound that a juvenile has suffered physical abuse and that the individualresponsible for the abuse has a history of violent behavior, the court shallconsider the opinion of the mental health professional who performed theevaluation under G.S. 7B‑503(b) before returning the juvenile to thecustody of that individual pending resolution of an appeal.

(e)        The provisions ofsubsections (b), (c), and (d) of G.S. 7B‑905 shall apply to any orderentered during an appeal that provides for the placement or continued placementof 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; 2001‑208,s. 27; 2001‑487, s. 101; 2003‑140, s. 8; 2005‑398, s. 12.)