State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-200

Article 2.

Jurisdiction.

§ 7B‑200.  Jurisdiction.

(a)        The court hasexclusive, original jurisdiction over any case involving a juvenile who isalleged to be abused, neglected, or dependent. This jurisdiction does notextend to cases involving adult defendants alleged to be guilty of abuse orneglect.

The court also has exclusiveoriginal jurisdiction of the following proceedings:

(1)        Proceedings underthe Interstate Compact on the Placement of Children set forth in Article 38 ofthis Chapter.

(2)        Proceedingsinvolving judicial consent for emergency surgical or medical treatment for ajuvenile when the juvenile's parent, guardian, custodian, or other person whohas assumed the status and obligation of a parent without being awarded legalcustody of the juvenile by a court refuses to consent for treatment to berendered.

(3)        Proceedings todetermine whether a juvenile should be emancipated.

(4)        Proceedings toterminate parental rights.

(5)        Proceedings toreview the placement of a juvenile in foster care pursuant to an agreementbetween the juvenile's parents or guardian and a county department of socialservices.

(6)        Proceedings in whicha person is alleged to have obstructed or interfered with an investigationrequired by G.S. 7B‑302.

(7)        Proceedingsinvolving consent for an abortion on an unemancipated minor under Article 1A,Part 2 of Chapter 90 of the General Statutes.

(8)        Proceedings by anunderage party seeking judicial authorization to marry under Article 1 ofChapter 51 of the General Statutes.

(9)        Petitions forexpunction of an individual's name from the responsible individuals list underArticle 3A of this Chapter.

(b)        The court shallhave jurisdiction over the parent or guardian of a juvenile who has beenadjudicated abused, neglected, or dependent, as provided by G.S. 7B‑904,provided the parent or guardian has been properly served with summons pursuantto G.S. 7B‑406.

(c)        When the courtobtains jurisdiction over a juvenile as the result of a petition alleging thatthe juvenile is abused, neglected, or dependent:

(1)        Any other civilaction in this State in which the custody of the juvenile is an issue isautomatically stayed as to that issue, unless the juvenile proceeding and thecivil custody action or claim are consolidated pursuant to subsection (d) ofthis section or the court in the juvenile proceeding enters an order dissolvingthe stay.

(2)        If an order enteredin the juvenile proceeding and an order entered in another civil custody actionconflict, the order in the juvenile proceeding controls as long as the courtcontinues to exercise jurisdiction in the juvenile proceeding.

(d)        NotwithstandingG.S. 50‑13.5(f), the court in a juvenile proceeding may order that anycivil action or claim for custody filed in the district be consolidated withthe juvenile proceeding. If a civil action or claim for custody of the juvenileis filed in another district, the court in the juvenile proceeding, for goodcause and after consulting with the court in the other district, may: (i) orderthat the civil action or claim for custody be transferred to the county inwhich the juvenile proceeding is filed; or (ii) order a change of venue in thejuvenile proceeding and transfer the juvenile proceeding to the county in whichthe civil action or claim is filed. The court in the juvenile proceeding mayalso proceed in the juvenile proceeding while the civil action or claim remainsstayed or dissolve the stay of the civil action or claim and stay the juvenileproceeding pending a resolution of the civil action or claim. (1979, c. 815, s. 1; 1983, c.837, s. 1; 1985, c. 459, s. 2; 1987, c. 409, s. 2; 1995, c. 328, s. 3; c. 462,s. 2; 1996, 2nd Ex. Sess., c. 18, s. 23.2(c); 1998‑202, s. 6; 1999‑456,s. 60; 2001‑62, s. 13; 2005‑320, s. 1; 2005‑399, s. 4.)