State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-1106

§ 7B‑1106.  Issuance ofsummons.

(a)        Except as providedin G.S. 7B‑1105, upon the filing of the petition, the court shall cause asummons to be issued. The summons shall be directed to the following persons oragency, not otherwise a party petitioner, who shall be named as respondents:

(1)        The parents of thejuvenile. However, a summons does not need to be directed to or served upon anyparent who, under Chapter 48 of the General Statutes, has irrevocablyrelinquished the juvenile to a county department of social services or licensedchild‑placing agency or to any parent who has consented to the adoptionof the juvenile by the petitioner.

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

(3)        The custodian of thejuvenile appointed by a court of competent jurisdiction.

(4)        Any countydepartment of social services or licensed child‑placing agency to whom ajuvenile has been released by one parent pursuant to Part 7 of Article 3 ofChapter 48 of the General Statutes or any county department of social servicesto whom placement responsibility for the child has been given by a court ofcompetent jurisdiction.

(5)        Repealed by SessionLaws 2009‑38, s. 3, effective May 27, 2009.

The summons shall notify therespondents to file a written answer within 30 days after service of thesummons and petition. Service of the summons shall be completed as providedunder the procedures established by G.S. 1A‑1, Rule 4(j). But the parentof the juvenile shall not be deemed to be under a disability even though theparent is a minor.

(a1)      If a guardian adlitem has been appointed for the juvenile pursuant to G.S. 7B‑601 and hasnot been relieved of responsibility or if the court appoints a guardian adlitem for the juvenile after the petition is filed, a copy of all pleadings andother papers required to be served shall be served on the juvenile's guardianad litem or attorney advocate pursuant to procedures established under G.S. 1A‑1,Rule 5.

(b)        The summons shallbe issued for the purpose of terminating parental rights pursuant to theprovisions of subsection (a) of this section and shall include:

(1)        The name of theminor juvenile;

(2)        Notice that awritten answer to the petition must be filed with the clerk who signed thepetition within 30 days after service of the summons and a copy of thepetition, or the parent's rights may be terminated;

(3)        Notice that anycounsel appointed previously and still representing the parent in an abuse,neglect, or dependency proceeding shall continue to represent the parent unlessotherwise ordered by the court;

(4)        Notice that if theparent is indigent and is not already represented by appointed counsel, theparent is entitled to appointed counsel, that provisional counsel has beenappointed, and that the appointment of provisional counsel shall be reviewed bythe court at the first hearing after service;

(5)        Notice that thedate, time, and place of any pretrial hearing pursuant to G.S. 7B‑1108.1and the hearing on the petition will be mailed by the clerk upon filing of theanswer or 30 days from the date of service if no answer is filed; and

(6)        Notice of thepurpose of the hearing and notice that the parents may attend the terminationhearing.

(c)        If a countydepartment of social services, not otherwise a party petitioner, is served witha petition alleging that the parental rights of the parent should be terminatedpursuant to G.S. 7B‑1111, the department shall file a written answer andshall be deemed a party to the proceeding.  (1977, c. 879, s. 8; 1981, c. 966, s. 2; 1983, c.581, ss. 1, 2; 1995, c. 457, s. 4; 1998‑202, s. 6; 1998‑229, ss.10, 27; 1999‑456, s. 60; 2000‑183, s. 13; 2001‑208, s. 28;2001‑487, s. 101; 2009‑38, s. 3; 2009‑311, s. 10.)