State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-1106_1

§ 7B‑1106.1.  Notice inpending child abuse, neglect, or dependency cases.

(a)        Upon the filing ofa motion pursuant to G.S. 7B‑1102, the movant shall prepare a noticedirected to each of the following persons or agency, not otherwise a movant:

(1)        The parents of thejuvenile. However, notice 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 movant.

(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 juvenile has been given by a court ofcompetent jurisdiction.

(5)        The juvenile'sguardian ad litem or attorney advocate, if one has been appointed pursuant toG.S. 7B‑601 and has not been relieved of responsibility.

(6)        Repealed by SessionLaws 2009‑38, s. 4, effective May 27, 2009.

The notice shall notify theperson or agency to whom it is directed to file a written response within 30days after service of the motion and notice. Service of the motion and noticeshall be completed as provided under G.S. 7B‑1102(b).

(b)        The notice requiredby subsection (a) of this section shall include all of the following:

(1)        The name of theminor juvenile.

(2)        Notice that awritten response to the motion must be filed with the clerk within 30 daysafter service of the motion and notice, or the parent's rights may beterminated.

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

(4)        Notice that if theparent is indigent, the parent is entitled to appointed counsel and if theparent is not already represented by appointed counsel the parent may contactthe clerk immediately to request counsel.

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

(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 movant, is served with a motionseeking termination of a parent's rights, the director shall file a writtenresponse and shall be deemed a party to the proceeding.  (2000‑183, s. 6; 2009‑38,s. 4; 2009‑311, s. 11.)