Abuse, Neglect, Dependency Actions Automatically Stay Custody Claims in Civil...
The district court has exclusive, original jurisdiction over all abuse, neglect, and dependency (A/N/D) proceedings. When a court obtains that jurisdiction after an A/N/D petition has been filed by a...
View ArticleThe SCRA and Juvenile Proceedings
Earlier posts address the SCRA in family law actions and non-judicial foreclosures. It’s my turn to address the SCRA’s application to abuse, neglect, dependency (A/N/D), and termination of parental...
View ArticleOhio v. Clark: What Does It Mean for Child Protective Services?
Last month the U.S. Supreme Court decided Ohio v. Clark, 135 S.Ct. 2173 (2015). The Court determined whether a teacher’s testimony of a child’s statements to her was barred by the Confrontation Clause....
View ArticleWho Is a “Caretaker” in Child Abuse and Neglect Cases?
In North Carolina, abuse, neglect, and dependency cases determine the child’s status as abused, neglected, or dependent by examining the child’s circumstances rather than determining the fault or...
View ArticleA/N/D, ICPC, and Out of State Parents: Say What?
If the juvenile court or county department intends to place a child in an abuse, neglect, and dependency (A/N/D) case with a parent who lives outside of North Carolina, does the Interstate Compact on...
View ArticleWhat Is the Role of a Foster Parent in the A/N/D Court Action?
A foster parent provides substitute care for a child who has been separated from his or her family because of abuse, neglect or dependency. G.S. 131D-10.2(9a);10A NCAC 70B.0101. When a parent,...
View ArticleWhat Is the Responsible Individual List and Why Is Someone on It?
With April recognized as Child Abuse Prevention Month, it seemed fitting to write about North Carolina’s Responsible Individuals List (RIL). If you’re thinking “I’m a responsible person; I should be on...
View ArticleWhen Parental Discipline Goes Too Far, It’s Child Abuse
Before On the Civil Side existed, the story about NFL running back, Adrian Peterson, pleading no contest to a misdemeanor reckless assault charge for disciplining his 4-year old son with a switch was...
View ArticleWhich County DSS Files the A/N/D Petition: That Is the Jurisdictional Question!
Earlier this year, the North Carolina Court of Appeals published In re A.P., 800 S.E.2d 77 (2017), which held that the county DSS that had an open child protective case did not have standing to file a...
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Big Changes to Appeals of A/N/D – TPR Orders Designated in G.S. 7B-1001
On January 1, 2019, the process to appeal abuse, neglect, dependency (A/N/D) and termination of parental rights (TPR) orders designated in G.S. 7B-1001 changed significantly. Amendments to G.S. 7B-1001...
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New SOG Bulletin! Human Trafficking of Minors and Young Adults: What Local...
My colleague, Margaret Henderson, and I are excited to announce a new SOG resource – Human Trafficking of Minors and Young Adults: What Local Governments Need to Know. Youth are particularly vulnerable...
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The Indian Child Welfare Act and Subject Matter Jurisdiction in Child Welfare...
The Indian Child Welfare Act (ICWA)* is a complex federal law that applies to abuse, neglect, or dependency (A/N/D); termination of parental rights (TPR); and adoption proceedings. One of the purposes...
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It’s Time for a New SOG Cohort of Elder Abuse Multidisciplinary Teams
How does elder abuse show up in your community? How has the COVID-19 pandemic affected how that abuse happens or how local professionals respond to it? A new opportunity to address these concerns is...
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To Be or Not to Be: How to Know When a Parent Attorney in a TPR Is...
Consider the common scenario in which a proceeding under Article 11 of G.S. Chapter 7B is filed to terminate a parent’s rights to their child. How and when an attorney is appointed for the respondent...
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