State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-600

Article 6.

Basic Rights.

§ 7B‑600.  Appointmentof guardian.

(a)        In any case when noparent appears in a hearing with the juvenile or when the court finds it wouldbe in the best interests of the juvenile, the court may appoint a guardian ofthe person for the juvenile. The guardian shall operate under the supervisionof the court with or without bond and shall file only such reports as the courtshall require. The guardian shall have the care, custody, and control of thejuvenile or may arrange a suitable placement for the juvenile and may representthe juvenile in legal actions before any court. The guardian may consent tocertain actions on the part of the juvenile in place of the parent including(i) marriage, (ii) enlisting in the armed forces, and (iii) enrollment inschool. The guardian may also consent to any necessary remedial, psychological,medical, or surgical treatment for the juvenile. The authority of the guardianshall continue until the guardianship is terminated by court order, until the juvenileis emancipated pursuant to Article 35 of Subchapter IV of this Chapter, oruntil the juvenile reaches the age of majority.

(b)        In any case wherethe court has determined that the appointment of a relative or other suitableperson as guardian of the person for a juvenile is in the best interest of thejuvenile and has also made findings in accordance with G.S. 7B‑907 thatguardianship is the permanent plan for the juvenile, the court may notterminate the guardianship or order that the juvenile be reintegrated into aparent's home unless the court finds that the relationship between the guardianand the juvenile is no longer in the juvenile's best interest, that theguardian is unfit, that the guardian has neglected a guardian's duties, or thatthe guardian is unwilling or unable to continue assuming a guardian's duties.If a party files a motion or petition under G.S. 7B‑906 or G.S. 7B‑1000,the court may, prior to conducting a review hearing, do one or more of thefollowing:

(1)        Order the countydepartment of social services to conduct an investigation and file a writtenreport of the investigation regarding the performance of the guardian of theperson of the juvenile and give testimony concerning its investigation.

(2)        Utilize thecommunity resources in behavioral sciences and other professions in theinvestigation and study of the guardian.

(3)        Ensure that aguardian ad litem has been appointed for the juvenile in accordance with G.S.7B‑601 and has been notified of the pending motion or petition.

(4)        Take any otheraction necessary in order to make a determination in a particular case.

(c)        If the courtappoints an individual guardian of the person pursuant to this section, thecourt shall verify that the person being appointed as guardian of the juvenileunderstands the legal significance of the appointment and will have adequateresources to care appropriately for the juvenile. (1979, c. 815, s. 1; 1997‑390,s. 7; 1998‑202, s. 6; 1999‑456, s. 60; 2000‑124, s. 1; 2003‑140,s. 9(a).)