State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-1103

§ 7B‑1103.  Who may filea petition or motion.

(a)        A petition ormotion to terminate the parental rights of either or both parents to his, her,or their minor juvenile may only be filed by one or more of the following:

(1)        Either parentseeking termination of the right of the other parent.

(2)        Any person who hasbeen judicially appointed as the guardian of the person of the juvenile.

(3)        Any countydepartment of social services, consolidated county human services agency, orlicensed child‑placing agency to whom custody of the juvenile has beengiven by a court of competent jurisdiction.

(4)        Any countydepartment of social services, consolidated county human services agency, orlicensed child‑placing agency to which the juvenile has been surrenderedfor adoption by one of the parents or by the guardian of the person of thejuvenile, pursuant to G.S. 48‑3‑701.

(5)        Any person with whomthe juvenile has resided for a continuous period of two years or more nextpreceding the filing of the petition or motion.

(6)        Any guardian adlitem appointed to represent the minor juvenile pursuant to G.S. 7B‑601who has not been relieved of this responsibility.

(7)        Any person who hasfiled a petition for adoption pursuant to Chapter 48 of the General Statutes.

(b)        Any person or agencythat may file a petition under subsection (a) of this section may intervene ina pending abuse, neglect, or dependency proceeding for the purpose of filing amotion to terminate parental rights.

(c)        No person whoseactions resulted in a conviction under G.S. 14‑27.2 or G.S. 14‑27.3and the conception of the juvenile may file a petition to terminate theparental rights of another with respect to that juvenile. (1977, c. 879, s. 8; 1983, c.870, s. 1; 1985, c. 758, s. 1; 1987, c. 371, s. 2; 1995 (Reg. Sess., 1996), c.690, s. 4; 1998‑202, s. 6; 1998‑229, s. 9.1; 1999‑456, s. 60;2000‑183, s. 4; 2004‑128, s. 13.)