State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-1108

§ 7B‑1108.  Answer orresponse of parent; appointment of guardian ad litem for juvenile.

(a)        Any respondent mayfile a written answer to the petition or written response to the motion. Theanswer or response shall admit or deny the allegations of the petition ormotion and shall set forth the name and address of the answering respondent orthe respondent's attorney.

(b)        If an answer orresponse denies any material allegation of the petition or motion, the courtshall appoint a guardian ad litem for the juvenile to represent the bestinterests of the juvenile, unless the petition or motion was filed by theguardian ad litem pursuant to G.S. 7B‑1103, or a guardian ad litem hasalready been appointed pursuant to G.S. 7B‑601. A licensed attorney shallbe appointed to assist those guardians ad litem who are not attorneys licensedto practice in North Carolina. The appointment, duties, and payment of theguardian ad litem shall be the same as in G.S. 7B‑601 and G.S. 7B‑603,but in no event shall a guardian ad litem who is trained and supervised by theguardian ad litem program be appointed to any case unless the juvenile is orhas been the subject of a petition for abuse, neglect, or dependency or withgood cause shown the local guardian ad litem program consents to theappointment.

(c)        In proceedingsunder this Article, the appointment of a guardian ad litem shall not berequired except, as provided above, in cases in which an answer or response isfiled denying material allegations, or as required under G.S. 7B‑1101;but the court may, in its discretion, appoint a guardian ad litem for ajuvenile, either before or after determining the existence of grounds fortermination of parental rights, in order to assist the court in determining thebest interests of the juvenile.

(d)        If a guardian adlitem has previously been appointed for the juvenile under G.S. 7B‑601,and the appointment of a guardian ad litem could also be made under thissection, the guardian ad litem appointed under G.S. 7B‑601, and anyattorney appointed to assist that guardian, shall also represent the juvenilein all proceedings under this Article and shall have the duties and payment ofa guardian ad litem appointed under this section, unless the court determinesthat the best interests of the juvenile require otherwise.  (1977, c. 879, s. 8; 1981(Reg. Sess., 1982), c. 1331, s. 3; 1983, c. 870, s. 2; 1989 (Reg. Sess., 1990),c. 851, s. 1; 1998‑202, s. 6; 1999‑456, s. 60; 2000‑183, s.8; 2003‑140, s. 7; 2009‑311, s. 12.)