State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-1110

§ 7B‑1110. Determination of best interests of the juvenile.

(a)        After anadjudication that one or more grounds for terminating a parent's rights exist,the court shall determine whether terminating the parent's rights is in thejuvenile's best interest. In making this determination, the court shallconsider the following:

(1)        The age of thejuvenile.

(2)        The likelihood ofadoption of the juvenile.

(3)        Whether thetermination of parental rights will aid in the accomplishment of the permanentplan for the juvenile.

(4)        The bond between thejuvenile and the parent.

(5)        The quality of therelationship between the juvenile and the proposed adoptive parent, guardian,custodian, or other permanent placement.

(6)        Any relevantconsideration.

Any order shall be reduced towriting, signed, and entered no later than 30 days following the completion ofthe termination of parental rights hearing. If the order is not entered within30 days following completion of the hearing, the clerk of court for juvenilematters shall schedule a subsequent hearing at the first session of courtscheduled for the hearing of juvenile matters following the 30‑day periodto determine and explain the reason for the delay and to obtain any neededclarification as to the contents of the order. The order shall be enteredwithin 10 days of the subsequent hearing required by this subsection.

(b)        Should the courtconclude that, irrespective of the existence of one or more circumstancesauthorizing termination of parental rights, the best interests of the juvenilerequire that rights should not be terminated, the court shall dismiss thepetition or deny the motion, but only after setting forth the facts andconclusions upon which the dismissal or denial is based.

(c)        Should the courtdetermine that circumstances authorizing termination of parental rights do notexist, the court shall dismiss the petition or deny the motion, makingappropriate findings of fact and conclusions.

(d)        Counsel for thepetitioner or movant shall serve a copy of the termination of parental rightsorder upon the guardian ad litem for the juvenile, if any, and upon thejuvenile if the juvenile is 12 years of age or older.

(e)        The court may taxthe cost of the proceeding to any party. (1977, c. 879, s. 8; 1981 (Reg. Sess., 1982), c. 1131,s. 1; 1983, c. 581, s. 3; c. 607, s. 3; 1998‑202, s. 6; 1999‑456,s. 60; 2000‑183, s. 10; 2001‑208, s. 23; 2001‑487, s. 101;2005‑398, s. 17.)