State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-1102

§7B‑1102.  Pending child abuse, neglect, or dependency proceedings.

(a)        When the districtcourt is exercising jurisdiction over a juvenile and the juvenile's parent inan abuse, neglect, or dependency proceeding, a person or agency specified inG.S. 7B‑1103(a) may file in that proceeding a motion for termination ofthe parent's rights in relation to the juvenile.

(b)        A motion pursuantto subsection (a) of this section and the notice required by G.S. 7B‑1106.1shall be served in accordance with G.S. 1A‑1, Rule 5(b), except:

(1)        Service must be inaccordance with G.S. 1A‑1, Rule 4, if one of the following applies:

a.         The person or agencyto be served was not served originally with summons.

b.         The person or agencyto be served was served originally by publication that did not include noticesubstantially in conformity with the notice required by G.S. 7B‑406(b)(4)e.

c.         Two years haselapsed since the date of the original action.

(2)        In any case, thecourt may order that service of the motion and notice be made pursuant to G.S.1A‑1, Rule 4.

For purposes of this section,the parent of the juvenile shall not be deemed to be under disability eventhough the parent is a minor.

(c)        When a petition fortermination of parental rights is filed in the same district in which there ispending an abuse, neglect, or dependency proceeding involving the samejuvenile, the court on its own motion or motion of a party may consolidate theaction pursuant to G.S. 1A‑1, Rule 42. (1998‑229, ss. 9.1,26.1; 1999‑456, s. 60; 2000‑183, s. 3.)