North Carolina General Statutes 7B-401.1. Parties
(a) Petitioner. – Only a county director of social services or the director’s authorized representative may file a petition alleging that a juvenile is abused, neglected, or dependent. The petitioner shall remain a party until the court terminates its jurisdiction in the case.
(b) Parents. – The juvenile’s parent shall be a party unless one of the following applies:
(1) The parent’s rights have been terminated.
Terms Used In North Carolina General Statutes 7B-401.1
- Dependent: A person dependent for support upon another.
- 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
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(2) The parent has relinquished the juvenile for adoption, or safely surrendered the infant and has not sought the return of the infant prior to the filing of a termination of parental rights, unless the court orders that the parent be made a party.
(3) The parent has been convicted under N.C. Gen. Stat. § 14-27.21, 14-27.22, 14-27.23, or 14-27.24 for an offense that resulted in the conception of the juvenile.
(c) Guardian. – A person who is the child’s court-appointed guardian of the person or general guardian when the petition is filed shall be a party. A person appointed as the child’s guardian pursuant to N.C. Gen. Stat. § 7B-600 shall automatically become a party but only if the court has found that the guardianship is the permanent plan for the juvenile.
(d) Custodian. – A person who is the juvenile’s custodian, as defined in N.C. Gen. Stat. § 7B-101(8), when the petition is filed shall be a party. A person to whom custody of the juvenile is awarded in the juvenile proceeding shall automatically become a party but only if the court has found that the custody arrangement is the permanent plan for the juvenile.
(e) Caretaker. – A caretaker shall be a party only if (i) the petition includes allegations relating to the caretaker, (ii) the caretaker has assumed the status and obligation of a parent, or (iii) the court orders that the caretaker be made a party.
(e1) Foster Parent. – A foster parent as defined in N.C. Gen. Stat. § 131D-10.2(9a) providing foster care for the juvenile is not a party to the case and may be allowed to intervene only if the foster parent has authority to file a petition to terminate the parental rights of the juvenile’s parents pursuant to N.C. Gen. Stat. § 7B-1103
(f) The Juvenile. – The juvenile shall be a party.
(g) Removal of a Party. – If a guardian, custodian, or caretaker is a party, the court may discharge that person from the proceeding, making the person no longer a party, if the court finds that the person does not have legal rights that may be affected by the action and that the person’s continuation as a party is not necessary to meet the juvenile’s needs.
(h) Intervention. – Except as provided in N.C. Gen. Stat. § 7B-1103(b) and subsection (e1) of this section, the court shall not allow intervention by a person who is not the juvenile’s parent, guardian, or custodian, but may allow intervention by another county department of social services that has an interest in the proceeding. This section shall not prohibit the court from consolidating a juvenile proceeding with a civil action or claim for custody pursuant to N.C. Gen. Stat. § 7B-200
(i) Young Adult in Foster Care. – In proceedings held pursuant to N.C. Gen. Stat. § 7B-910.1, the young adult in foster care and the director of the department of social services are parties. (2013-129, s. 9; 2015-136, s. 2; 2015-181, s. 22; 2015-241, s. 12C.9(h); 2015-264, s. 33(a); 2016-94, s. 12C.1(f); 2023-14, s. 6.2(c).)