State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-1104

§ 7B‑1104.  Petition ormotion.

The petition, or motionpursuant to G.S. 7B‑1102, shall be verified by the petitioner or movantand shall be entitled "In Re (last name of juvenile), a minorjuvenile", who shall be a party to the action, and shall set forth such ofthe following facts as are known; and with respect to the facts which areunknown the petitioner or movant shall so state:

(1)        The name of thejuvenile as it appears on the juvenile's birth certificate, the date and placeof birth, and the county where the juvenile is presently residing.

(2)        The name and addressof the petitioner or movant and facts sufficient to identify the petitioner ormovant as one authorized by G.S. 7B‑1103 to file a petition or motion.

(3)        The name and addressof the parents of the juvenile. If the name or address of one or both parentsis unknown to the petitioner or movant, the petitioner or movant shall setforth with particularity the petitioner's or movant's efforts to ascertain theidentity or whereabouts of the parent or parents. The information may becontained in an affidavit attached to the petition or motion and incorporatedtherein by reference. A person whose actions resulted in a conviction underG.S. 14‑27.2 or G.S. 14‑27.3 and the conception of the juvenile neednot be named in the petition.

(4)        The name and addressof any person who has been judicially appointed as guardian of the person ofthe juvenile.

(5)        The name and addressof any person or agency to whom custody of the juvenile has been given by acourt of this or any other state; and a copy of the custody order shall beattached to the petition or motion.

(6)        Facts that aresufficient to warrant a determination that one or more of the grounds forterminating parental rights exist.

(7)        That the petition ormotion has not been filed to circumvent the provisions of Article 2 of Chapter50A of the General Statutes, the Uniform Child‑Custody Jurisdiction andEnforcement Act.  (1977,c. 879, s. 8; 1979, c. 110, s. 8; 1981, c. 469, s. 23; 1987, c. 550, s. 15; 1998‑202,s. 6; 1999‑223, s. 7; 1999‑456, s. 60; 2000‑183, s. 5; 2004‑128,s. 14; 2009‑38, s. 2.)