Justia Juvenile Law Opinion Summaries

The Juvenile Code does not mandate that a petition alleging a juvenile is abused, neglected, or dependent must be filed only by the director or authorized agent of the department of social services of the county “in which the juvenile resides or is found.” See N.C. Gen. Stat. 7B-101.The Mecklenburg County Department of Social Services, Youth and Family Division (YFS) filed a juvenile petition with the District Court in Mecklenburg County alleging that A.P. was a neglected and dependent juvenile. The trial court concluded that A.P. was a neglected and dependent juvenile. On appeal, the Court of Appeals held that YFS did not have standing to file the juvenile petition because Mecklenburg County was not the juvenile’s county of residence. The Supreme Court reversed, holding that the statutory sections in the Juvenile Code governing parties and venue did not mandate dismissal of the juvenile petition under the circumstances of this case. View "In re A.P." on Justia Law

Following a termination of parental rights (TPR) hearing, the trial court entered an order terminating both parents' parental rights to J.H.K. and J.D.K. The father appealed, arguing that the trial court erred in conducting the TPR hearing when the minor children's non-attorney guardian ad litem (GAL) volunteer was not physically present in court. The court of appeals reversed, concluding the children were not represented by a GAL at a critical stage of the termination proceedings pursuant to the juvenile code. The Supreme Court reversed and remanded, holding that a local GAL program represents a juvenile within the meaning of N.C. Gen. Stat. 7B-601 and 7B-1108 by performing the duties listed in section 7B-601 and that the non-lawyer GAL volunteer is not required to be physically present at the TPR hearing. The Court concluded that the GAL met its obligations in the present case under the statutes. View "In re J.H.K. and J.D.K." on Justia Law