North Carolina General Statutes 7B-1102. Pending child abuse, neglect, or dependency proceedings
(a) When the district court is exercising jurisdiction over a juvenile and the juvenile’s parent in an abuse, neglect, or dependency proceeding, a person or agency specified in N.C. Gen. Stat. § 7B-1103(a) may file in that proceeding a motion for termination of the parent’s rights in relation to the juvenile.
(b) A motion pursuant to subsection (a) of this section and the notice required by N.C. Gen. Stat. § 7B-1106.1 shall be served in accordance with N.C. Gen. Stat. § 1A-1, Rule 5(b), except:
(1) Service must be in accordance with N.C. Gen. Stat. § 1A-1, Rule 4, if one of the following applies:
a. The person or agency to be served was not served originally with summons.
b. The person or agency to be served was served originally by publication that did not include notice substantially in conformity with the notice required by N.C. Gen. Stat. § 7B-406(b)(4)e.
c. Two years has elapsed since the date of the original action.
Terms Used In North Carolina General Statutes 7B-1102
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Summons: Another word for subpoena used by the criminal justice system.
(2) In any case, the court may order that service of the motion and notice be made pursuant to N.C. Gen. Stat. § 1A-1, Rule 4.
For purposes of this section, the parent of the juvenile shall not be deemed to be under disability even though the parent is a minor.
(b1) If a parent who is served under N.C. Gen. Stat. § 1A-1, Rule 4, with a motion under this section has an attorney of record, a copy of the motion and the notice served upon the parent shall also be sent to the parent’s attorney.
(c) When a petition for termination of parental rights is filed in the same district in which there is pending an abuse, neglect, or dependency proceeding involving the same juvenile, the court on its own motion or motion of a party may consolidate the action pursuant to N.C. Gen. Stat. § 1A-1, Rule 42. (1998-229, ss. 9.1, 26.1; 1999-456, s. 60; 2000-183, s. 3; 2011-332, s. 4.1.)