State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-900_1

§ 7B‑900.1.  Postadjudication venue.

(a)        At any time afteradjudication, the court on its own motion or motion of any party may transfervenue to a different county, regardless of whether the action could have beencommenced in that county, if the court finds that the forum is inconvenient,that transfer of the action to the other county is in the best interest of thejuvenile, and that the rights of the parties are not prejudiced by the changeof venue.

(b)        Before orderingthat a case be transferred to another county, the court shall find that thedirector of the department of social services in the county in which the actionis pending and the director in the county to which transfer is contemplatedhave communicated about the case and that:

(1)        The two directorsare in agreement with respect to each county's responsibility for providingfinancial support for the juvenile and services for the juvenile and thejuvenile's family; or

(2)        The Director of theDivision of Social Services or the Director's designee has made thatdetermination pursuant to G.S. 153A‑257(d).

(c)        When the courttransfers a case to a different county, the court shall join or substitute as aparty to the action the director of the department of social services in thecounty to which the case is being transferred and, if the juvenile is in thecustody of the department of social services in the county in which the actionis pending, shall transfer custody to the department of social services in thecounty to which the case is being transferred. The director of the departmentof social services in the county to which the case is being transferred must begiven notice and an opportunity to be heard before the court enters an orderpursuant to this subsection. However, the director may waive the right tonotice and a hearing.

(d)        Before orderingthat a case be transferred to a different district, the court shall communicatewith the chief district court judge or a judge presiding in juvenile court inthe district to which the transfer is contemplated explaining the reasons forthe proposed transfer. If the judge in the district to which the transfer isproposed makes a timely objection to the transfer, either verbally or inwriting, the court shall order the transfer only after making detailed findingsof fact that support a conclusion that the juvenile's best interests requirethat the case be transferred.

(e)        Before orderingthat a case be transferred to another county, the court shall consider relevantfactors, which may include:

(1)        The currentresidences of the juvenile and the parent, guardian, or custodian and theextent to which those residences have been and are likely to be stable.

(2)        The reunificationplan or other permanent plan for the juvenile and the likely effect of a changein venue on efforts to achieve permanence for the juvenile expeditiously.

(3)        The nature andlocation of services and service providers necessary to achieve thereunification plan or other permanent plan for the juvenile.

(4)        The impact upon thejuvenile of the potential disruption of an existing therapeutic relationship.

(5)        The nature andlocation of witnesses and evidence likely to be required in future hearings.

(6)        The degree to whichthe transfer would cause inconvenience to one or more parties.

(7)        Any agreement of theparties as to which forum is most convenient.

(8)        The familiarity ofthe departments of social services, the courts, and the local offices of theguardian ad litem with the juvenile and the juvenile's family.

(9)        Any other factor thecourt considers relevant.

(f)         The ordertransferring venue shall be in writing, signed, and entered no later than 30days from completion of the hearing. The order shall identify the next courtaction and specify the date within which the next hearing shall be held. If theorder is not entered within 30 days following completion of the hearing, theclerk of court for juvenile matters shall schedule a subsequent hearing at thefirst session of court scheduled for the hearing of juvenile matters followingthe 30‑day period to determine and explain the reason for the delay andto obtain any needed clarification as to the contents of the order. The ordershall be entered within 10 days of the subsequent hearing required by thissubsection.

(g)        The clerk shalltransmit to the court in the county to which the case is being transferred acopy of the complete record of the case within three business days after entryof the order transferring venue.

Upon receiving a case that hasbeen transferred from another county, the clerk shall promptly satisfy thefollowing:

(1)        Assign anappropriate file number to the case.

(2)        Ensure that anynecessary appointments of new attorneys or guardians ad litem are made.

(3)        Calendar the nextcourt action as set forth in the order transferring venue and give appropriatenotice to all parties.  (2009‑311, s. 5.)